`571-272-7822
`
`
`
`Paper No. 12
`Date Entered: August 29, 2017
`
`
`
`
`
`
`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 B1
`____________
`
`Before CHRISTOPHER L. CRUMBLEY, ROBERT J. WEINSCHENK, and
`GARTH D. BAER, Administrative Patent Judges.
`
`BAER, Administrative Patent Judge.
`
`
`
`DECISION
`Termination of the Proceeding
`37 C.F.R. §§ 42.72, 42.73, 42.74
`
`
`
`
`
`
`
`
`IPR2017-00614
`Patent 6,975,719 B1
`
`
`On August 18 2017, the parties filed a Joint Motion to terminate this
`proceeding under 35 U.S.C. § 317. Paper 10. The parties also filed a copy of their
`settlement agreement, in accordance with 37 C.F.R. § 42.74(b). Ex. 2001. In
`addition, the parties filed a Joint Request to treat the settlement agreement as
`confidential business information, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74(c). Paper 11.
`The parties indicate in their Joint Motion that they have resolved their
`dispute and agreed to request termination of this inter partes review. Paper 10, 2.
`For the reasons set forth below, we grant the Joint Motion to terminate and the
`Joint Request to treat the settlement agreement as business confidential
`information.
`Under 35 U.S.C. § 317(a), “[a]n 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.” We have not decided the
`merits of this proceeding and, therefore, must terminate with respect to the
`petitioner. Furthermore, “[i]f no petitioner remains in the inter partes review, the
`Office may terminate the review or proceed to a final written decision under
`section 318(a).” Id. In this case, briefing is not complete, and we have not had an
`oral hearing or issued a final written decision. Thus, upon consideration of the
`facts before us, we determine it is appropriate to terminate this case and enter
`judgment without rendering a final written decision. See 37 C.F.R. §§ 42.72,
`42.73, 42.74. We determine also that the parties have complied with the
`requirements of 37 C.F.R. § 42.74(c) and, therefore, we grant the parties’ Joint
`Request to treat the settlement agreement as business confidential information.
`Accordingly it is:
`
`
`
`2
`
`
`
`IPR2017-00614
`Patent 6,975,719 B1
`
`
`ORDERED that the parties’ Joint Motion to terminate this proceeding is
`granted and this case is hereby terminated; and
`FURTHER ORDERED that the parties’ Joint Request that the agreement
`(Ex. 2001) submitted in support of their joint motion be treated as business
`confidential information, kept separate from the file of U.S. Patent No. 6,975,719,
`and made available only under the provisions of 35 U.S.C. § 327(b) and 37 C.F.R.
`§ 42.74(c), is granted.
`
`
`
`PETITIONER:
`
`Robert Kang
`Kristen Reichenbach
`Eugene Goryunov
`KIRKLAND & ELLIS LLP
`robert.kang@kirkland.com
`kristen.reichenbach@kirkland.com
`eugene.goryunov@kirkland.com
`
`PATENT OWNER:
`
`Mark Miller
`Brian Cook
`Jay Choi
`O’MELVENY & MYERS LLP
`markmiller@omm.com
`bcook@omm.com
`jchoi@omm.com
`
`
`
`
`3
`
`
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