`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`Paper 9
` Entered: March 7, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`
`
`v.
`
`JAKUTA DIODES, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00379
`Patent 6,079,854
`____________
`
`Before KEN B. BARRETT, LYNNE E. PETTIGREW, and TERRENCE W.
`McMILLIN, Administrative Patent Judges.
`
`McMILLIN, Administrative Patent Judge.
`
`
`DECISION
`Granting Motion to Dismiss and Terminate
`37 C.F.R. §§ 42.5(a) and 42.71(a)
`and
`Granting Motion to Keep Confidential
`37 C.F.R. § 42.74(c)
`
`
`
`
`
`
`
`
`
`Case IPR2017-00379
`Patent 6,079,854
`
`
`On March 6, 2017, the parties filed a Joint Motion to Dismiss and
`Terminate the Proceeding (Paper 7) and a Joint Motion to Keep Confidential
`(Paper 8). The Joint Motion to Keep Confidential relates to an agreement
`filed as Exhibit 1017. The parties state, “there are no other agreements, oral
`or written, between the parties made in connection with, or in contemplation
`of, the termination of the present proceeding and that EX1017 represents a
`true and accurate copy of the agreement between the parties that resolves the
`present proceeding.” Paper 7.
`This proceeding is at an early stage. Petitioner filed a Petition for
`Inter Partes Review of claims 3, 4, 7–11, 19, and 27 of the ’854 patent on
`December 7, 2016. Paper 3. Patent Owner has yet to file a preliminary
`response, and we have neither considered the merits of the Petition nor
`decided whether to institute trial.
`Under the foregoing circumstances, we determine it is appropriate to
`dismiss the Petition. See 37 C.F.R. §§ 42.5(a), 42.71(a). We also determine
`it is appropriate to treat the parties’ agreement (Ex. 1017) as confidential and
`to keep this document separate from the files of the ’854 patent.
`This paper does not constitute a final written decision pursuant to
`35 U.S.C. § 318(a).
`Accordingly, it is hereby:
`
`ORDERED that the Joint Motion to Dismiss and Terminate the
`Proceeding (Paper 7) is granted;
`FURTHER ORDERED that the Petition for Inter Partes Review of
`U.S. Patent No. 6,079,854 is dismissed;
`FURTHER ORDERED that the Joint Motion to Keep Confidential
`(Paper 8) is granted; and
`
`
`
`2
`
`
`
`Case IPR2017-00379
`Patent 6,079,854
`
`
`FURTHER ORDERED that Exhibit 1017 be maintained as
`confidential business information and kept separate from the files of U.S.
`Patent No. 6,079,854.
`
`
`
`PETITIONER:
`David L. Cavanaugh
`Daniel V. Williams
`WILMER CUTLER PICKERING HALE AND DORR LLP
`david.cavanaugh@wilmerhale.com
`Daniel.williams@wilmerhale.com
`
`Jonathan Stroud
`UNIFIED PATENTS INC.
`jonathan@unifiedpatents.com
`
`PATENT OWNER:
`Obi I. Iloputaife
`Cynthia Casby
`obi@cotmanip.com
`uspto.docketing@cotmanip.com
`
`
`
`
`3
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`