`Tel: 571-272-7822
`
`Paper 12
`Entered: July 5, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`PAYPAL, INC.,
`Petitioner,
`
`v.
`
`MONEYCAT LTD,
`Patent Owner.
`
`
`Cases
`CBM2017-00030 (Patent 8,195,578)
`IPR2017-00541 (Patent 8,712,918)
` IPR2017-00542 (Patent 8,712,918)1
`
`
`Before WILLIAM V. SAINDON, BRYAN F. MOORE, and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`SAINDON, Administrative Patent Judge.
`
`
`ORDER
`Terminating Proceedings Due to Settlement
`35 U.S.C. § 317(a) and 37 C.F.R. § 42.74
`
`
`
`
`
`
`
`
`
`
`
`
`
`1 This order addresses joint motions to terminate in all three cases. We
`exercise our discretion to issue a single order to be entered in each case.
`
`
`
`CBM2017-00030 (Patent 8,195,578)
`IPR2017-00541 (Patent 8,712,918)
`IPR2017-00542 (Patent 8,712,918)
`
`
`1.
`
`Introduction
`
`The Board has instituted review in IPR2017-00541 and -00542, but
`
`the trials are at an early stage; Patent Owner has not yet filed its Response to
`
`the Petition in these proceedings. The Board has yet to decide whether to
`
`institute review in CBM2017-00030.
`
`On June 30, 2017, pursuant to Board authorization, Patent Owner and
`
`Petitioner filed joint motions to terminate the proceedings. Paper 9.2 Along
`
`with the motion, the parties filed a copy of a document they describe as their
`
`written settlement agreement, as well as a separate joint request to treat the
`
`settlement agreement as business confidential information. Paper 10;
`
`Exhibit 1028. See 37 C.F.R. § 42.74(c) (a party to a settlement may request
`
`that the settlement agreement be treated as business confidential and be kept
`
`separate from the patent file).
`
`2.
`
`Discussion
`
`
`
`The Parties state in the Joint Motion to Terminate that “the parties
`
`have resolved their dispute” and “request termination of this proceeding.”
`
`Paper 9, 2. Under these circumstances, we determine that it is appropriate to
`
`terminate each of these proceedings. See 35 U.S.C. § 317(a) and 37 C.F.R.
`
`§ 42.74.
`
`After reviewing the parties’ settlement agreement, we find that the
`
`settlement agreement contains business confidential information regarding
`
`the terms of the settlement and good cause exists to treat the settlement
`
`
`2 Citations in this Order are to papers and exhibits in CBM2017-00030. The
`other two proceedings include similar papers and exhibits.
`
`2
`
`
`
`CBM2017-00030 (Patent 8,195,578)
`IPR2017-00541 (Patent 8,712,918)
`IPR2017-00542 (Patent 8,712,918)
`
`agreement as business confidential information pursuant to 35 U.S.C.
`
`§ 317(b) and 37 C.F.R. § 42.74(c).
`
`3.
`
`Order
`
`
`
`It is
`
`ORDERED that the Joint Motion to Terminate the Proceeding in
`
`CBM2017-00030, IPR2017-00541, and IPR2017-00542 is granted and that
`
`these proceedings are hereby terminated; and
`
`
`
`FURTHER ORDERED that the joint request to treat the parties’
`
`settlement agreements as business confidential information is granted in
`
`each proceeding, and the settlement agreements (Exhibit 1028 in CBM2017-
`
`00030; Exhibit 1026 in IPR2017-00541; Exhibit 1028 in IPR2017-00542)
`
`shall be treated as business confidential information under 37 C.F.R.
`
`§ 42.74(c), kept separate from the files of their respective patents, and
`
`remain designated as “Board and Parties Only.”
`
`
`
`
`
`
`
`3
`
`
`
`CBM2017-00030 (Patent 8,195,578)
`IPR2017-00541 (Patent 8,712,918)
`IPR2017-00542 (Patent 8,712,918)
`
`PETITIONERS:
`
`Adrian Percer
`Brian Chang
`WEIL GOTSHAL & MANGES LLP
`adrian.percer@weil.com
`brian.chang@weil.com
`
`Naveen Modi
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`
`
`PATENT OWNER:
`
`Kevin D. McCarthy
`ROACH BROWN MCCARTHY & GRUBER, P.C.
`kdmccarthy@roachbrown.com
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
