`Case IPR2017-00614
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________________________________
`
`
`LIVEPERSON, INC.
`Petitioner
`
`v.
`
`[24]7 CUSTOMER, INC.
`Patent Owner
`______________________________________________
`
`Case IPR2017-00614
`Patent 6,975,719
`______________________________________________
`
`
`
`JOINT MOTION TO TERMINATE INTER PARTES REVIEW
`
`
`
`1
`
`
`
`Case IPR2017-00614
`Patent 6,975,719
`Pursuant to 35 U.S.C. § 317(a), the Petitioner and Patent Owner jointly
`
`request termination of this inter partes review of U.S. Patent No. 6,975,719.
`
`Termination of this review is appropriate because the parties have resolved
`
`their dispute regarding U.S. Patent No. 6,975,719 and have reached an agreement
`
`to, among other things, terminate this review.1 Ex. 2001 (submitted as business
`
`confidential information pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c)).
`
`“Generally, the Board expects that a proceeding will terminate after the filing of a
`
`settlement agreement.” Oracle Corp. v. Cmty. United IP, LLC, CBM2013-00015,
`
`Paper 13 (July 25, 2013) (citing Office Patent Trial Practice Guide, 77 Fed. Reg.
`
`48756, 48765–66 (Aug. 14, 2012)).
`
`A petition for review was filed on January 6, 2017. Inter partes review was
`
`instituted on July 12, 2017. A patent owner’s response has not yet been filed.
`
`
`
`1 For the Board’s convenience, the parties note that a substantially identical Joint
`
`Motion will be concurrently filed in IPR2017-00615 (regarding U.S. Patent No.
`
`7,245,715). The agreement filed herewith as Ex. 2001 resolves the parties’
`
`disputes only with respect to U.S. Patent Nos. 6,975,719 and 7,245,715. The
`
`parties have not resolved any disputes related to other IPR proceedings (i.e.,
`
`IPR2017-00609, IPR2017-00610 and IPR2017-00616).
`
`1
`
`
`
`Case IPR2017-00614
`Patent 6,975,719
`Termination at this early juncture promotes efficiency, conserves Board resources
`
`and minimizes unnecessary costs.
`
`On August 15, 2017, the parties advised the Board that they have reached an
`
`agreement and sought authorization to file a joint motion to terminate the
`
`proceeding. The Board authorized the filing of a joint motion to terminate this
`
`proceeding on August 16, 2017. A true copy of the parties’ confidential written
`
`agreement is being filed as an exhibit contemporaneously with this joint motion to
`
`terminate. The agreement is being filed for access by the “Parties and Board
`
`Only.” The parties desire that the agreement be maintained as business
`
`confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), and a
`
`separate joint request for such is being filed contemporaneously.
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: August 18, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Mark E. Miller/
`
`Mark E. Miller (Reg. No. 31,401)
`O’Melveny & Myers LLP
`Two Embarcadero Center
`28th Floor
`San Francisco, California 94111-3823
`Telephone: (415) 984-8700
`Facsimile: (415) 984-8701
`markmiller@omm.com
`
`Counsel for Patent Owner
`
`2
`
`
`
`
`
`
`
`
`
`Case IPR2017-00614
`Patent 6,975,719
`
` /Robert Kang/
`Robert Kang (Reg. No. 59,609)
`robert.kang@kirkland.com
`Kirkland & Ellis LLP
`555 California Street
`San Francisco, CA 94104
`Tel.: 415-439-1915
`Fax: 415-439-1500
`
`Lead Counsel For Petitioner
`LivePerson, Inc.
`
`
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`Case IPR2017-00614
`Patent 6,975,719
`
`The undersigned certifies pursuant to 37 C.F.R. § 42.6(e) and § 42.105 that
`
`on August 18, 2017, a true and correct copy of the foregoing document was served
`
`electronically on the following counsel of record for Petitioner at the following
`
`email addresses:
`
`LivePerson-24-7Team@kirkland.com
`
`Robert Kang (Reg. No. 59,609)
`robert.kang@kirkland.com
`Kristen Reichenbach (Reg. No. 61,162)
`kristen.reichenbach@kirkland.com
`KIRKLAND & ELLIS LLP
`555 California Street
`San Francisco, CA 94104
`
`Eugene Goryunov (Reg. No. 61,579)
`eugene.goryunov@kirkland.com
`KIRKLAND & ELLIS LLP
`300 North LaSalle
`Chicago, IL 60654
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`
`
`Respectfully submitted,
`/Mark E. Miller/
`
`
`Mark E. Miller (Reg. No. 31,401)
`O’Melveny & Myers LLP
`Two Embarcadero Center
`28th Floor
`San Francisco, California 94111-3823
`Telephone: (415) 984-8700
`Facsimile: (415) 984-8701
`markmiller@omm.com
`
`Counsel for Patent Owner
`
`
`
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
