`571.272.7822
`
`
`
`
`
`
`Paper No. 8
`
` Entered: May 12, 2017
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CRESTRON ELECTRONICS, INC.,
`Petitioner,
`
`v.
`
`VESPER TECHNOLOGY RESEARCH, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00497
`Patent 6,611,247 B1
`____________
`
`
`
`Before KEVIN F. TURNER, JASON J. CHUNG, and
`MELISSA A. HAAPALA, Administrative Patent Judges.
`
`HAAPALA, Administrative Patent Judge.
`
`
`
`
`
`DECISION
`Joint Motion to Terminate
`35 U.S.C. § 317 and 37 C.F.R. §§ 42.72, 42.74
`
`Pursuant to our authorization, on April 27, 2017, the parties filed a
`joint Motion to Terminate Proceedings and Request to File
`Settlement Agreement as Business Confidential Information. Paper 7. The
`parties represent that termination is appropriate because they have reached
`
`
`
`
`
`IPR2017-00497
`Patent 6,611,247 B1
`
`
`
`
`
`
`
`an agreement resolving the dispute involving the patent at issue and the prior
`litigation between the parties in connection with the patent at issue has been
`dismissed with prejudice. Id. at 3. Along with the motion, the parties filed a
`copy of a document they represent is a true copy of the settlement agreement
`between the parties as Exhibit 1014, which the parties request be treated as
`business confidential information pursuant to 35 U.S.C. § 317(b) and
`37 C.F.R. § 42.74(c). Id. at 4–5. The parties represent that “there are no
`other written or oral agreements or understandings, including any collateral
`agreements, between them made in connection with the termination of this”
`proceeding. Id. at 4.
`
`“An inter partes review instituted under this chapter shall be
`terminated with respect to any petitioner upon the joint request of the
`petitioner and the patent owner, unless the Office has decided the merits of
`the proceeding before the request for termination is filed.” 35 U.S.C.
`§ 317(a). The proceeding is at an early stage, with the Office not yet having
`determined whether to institute the proceeding. Under the circumstances,
`we determine that it is appropriate to terminate this proceeding with respect
`to all parties without rendering a final written decision. We further
`determine the request to treat the settlement agreement (Ex. 1014) as
`business confidential information was timely filed with the settlement
`agreement, and, therefore, grant the request. See 35 U.S.C. § 317(b);
`37 C.F.R. § 42.74(c).
`
`It is
`
`ORDERED that the joint Motion to Terminate the captioned
`proceeding is granted; and
`
`2
`
`
`
`
`
`
`
`
`
`FURTHER ORDERED that the joint request that the settlement
`
`agreement (Ex. 1014) be treated as business confidential information
`pursuant to § 317(b) and 37 C.F.R. § 42.74(c) is granted.
`
`
`
`
`IPR2017-00497
`Patent 6,611,247 B1
`
`For PETITIONER:
`
`Samir Termanini
`Philip Kirkpatrick
`CRESTRON ELECTRONICS, INC.
`termanini@gmail.com
`pkirkpatrick@crestron.com
`
`For PATENT OWNER:
`
`Kenneth Weatherwax
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`
`
`3
`
`
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