throbber
Trials@uspto.gov
`571-272-7822
`
`
`
`Paper 17
`Entered: January 9, 018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NOKIA SOLUTIONS AND NETWORKS US LLC; and
`NOKIA SOLUTIONS AND NETWORKS OY,
`Petitioner,
`
`v.
`
`HUAWEI TECHNOLOGIES CO. LTD.,
`Patent Owner.
`____________
`
`Case IPR2017-00591
`Patent 8,325,675 B2
`____________
`
`
`
`Before TREVOR M. JEFFERSON, JENNIFER MEYER CHAGNON, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`JEFFERSON, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Joint Motion to Dismiss
`37 C.F.R. § 42.71(a)
`Granting Request to Treat Settlement Document
`as Confidential Business Information
`35 U.S.C. § 317(b); 37 C.F.R. § 42.74(c)
`
`
`
`
`
`
`
`

`

`IPR2017-00591
`Patent 8,325,675 B2
`
`
`On December 22, 2017, the parties filed a joint motion to terminate
`the instant proceeding pursuant to a settlement agreement. Paper 15. The
`parties also filed a copy of their settlement agreement (which they refer to as
`“Exhibit 1100”), made in connection with the termination of the instant
`proceeding. Ex. 1100.1 In a concurrently filed paper, the parties jointly
`request that the settlement agreement be treated as confidential and kept
`separate from the file of the involved patent under 35 U.S.C. § 317(b) and
`37 C.F.R. § 42.74. Paper 16. We authorized the filing of these papers in an
`e-mail sent on December 22, 2017.
`We entered a Decision denying institution of inter partes review in
`this case on July 26, 2017. Paper 11. Petitioner has filed a Request for
`Rehearing (Paper 13),2 but we have not yet decided the merits of Petitioner’s
`Request for Rehearing. Based on these facts, it is appropriate to dismiss the
`Petition and Petitioner’s Request for Rehearing. Thus, the Joint Motion to
`Terminate the proceeding is granted.
`
`
`
`
`1 Pursuant to our instructions provided in an e-mail on December 28, 2017,
`the parties submitted a replacement version of Exhibit 1100 (which they
`designated as “Replacement Exhibit 1100”). The version of Exhibit 1100
`previously filed on December 22, 2017, will be expunged from the record.
`2 Petitioner filed a Motion to Expunge Paper 12, noting “[a]n incorrect
`version of the file for Petitioners’ Request For Rehearing Pursuant to
`37 C.F.R. § 42.71(d) was uploaded to the Patent Trial and Appeal Board
`(PTAB) E2E.” Paper 14. Petitioner’s Motion is granted and Paper 12 will
`be expunged from the record.
`
`2
`
`

`

`IPR2017-00591
`Patent 8,325,675 B2
`
`
`Accordingly, it is
`ORDERED that the joint motion to terminate the instant proceeding is
`granted, and the Petition and Petitioner’s Request for Rehearing are hereby
`dismissed;
`FURTHER ORDERED that the parties’ joint request that their
`settlement agreement (Ex. 1100) be treated as business confidential
`information and kept separate from the file of the involved patent, under the
`provisions of 35 U.S.C. § 317(b) and 37 C.F.R § 42.74(c), is granted;
`FURTHER ORDERED that Petitioner’s Motion to Expunge
`(Paper 14) is granted and Paper 12 is expunged; and
`FURTHER ORDERED that the version of Exhibit 1100 filed on
`December 22, 2017, is expunged.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`

`

`IPR2017-00591
`Patent 8,325,675 B2
`
`FOR PETITIONER:
`
`Benjamin Pleune
`ben.pleune@alston.com
`
`Scott Stevens
`scott.stevens@alston.com
`
`John Haynes
`john.haynes@alston.com
`
`Robert Caison
`robert.caison@alston.com
`
`
`J. Ravindra Fernando
`ravi.fernando@alston.com
`
`
`Christopher Douglas
`christopher.douglas@alston.com
`
`
`Derek Neilson
`derek.neilson@alston.com
`
`Ross Barton
`ross.barton@alston.com
`
`Samuel Merritt
`sam.merritt@alston.com
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`

`

`IPR2017-00591
`Patent 8,325,675 B2
`
`FOR PATENT OWNER:
`
`Michael Hawkins
`hawkins@fr.com
`
`
`W. Karl Renner
`axf-ptab@fr.com
`
`Roberto Devoto
`devoto@fr.com
`
`
`Jeremy Monaldo
`jjm@fr.com
`
`Nicholas Stephens
`nstephens@fr.com
`
`
`Thomas H. Reger II
`reger@fr.com
`
`
`Neil Wareen
`warren@fr.com
`
`
`
`5
`
`

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