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`Trials@uspto.gov
`571-272-7822 Entered: March 13, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICRON TECHNOLOGY, INC.,
`Petitioner,
`
`v.
`
`PRESIDENT AND FELLOWS OF HARVARD COLLEGE,
`Patent Owner.
`____________
`
`Case IPR2017-00662 (Patent 6,969,539 B2)
`Case IPR2017-00663 (Patent 8,334,016 B2)
`Case IPR2017-00664 (Patent 8,334,016 B2)1
`____________
`
`
`Before CHRISTOPHER L. CRUMBLEY, JON B. TORNQUIST, and
`CHRISTOPHER M. KAISER, Administrative Patent Judges.
`
`KAISER, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Termination of the Proceedings
`35 U.S.C. § 317(a) and 37 C.F.R. § 42.72
`
`
`1 This Order addresses issues that are the same in all identified cases. We
`exercise our discretion to issue one Order to be filed in each case. The
`parties, however, are not authorized to use this style heading in subsequent
`papers.
`
`
`
`
`
`
`
`Case IPR2017-00662 (Patent 6,969,539 B2)
`Case IPR2017-00663 (Patent 8,334,016 B2)
`Case IPR2017-00664 (Patent 8,334,016 B2)
`
`
`On March 6, 2018, the parties filed Joint Motions to Terminate these
`three proceedings pursuant to 35 U.S.C. § 317(a). Paper 24.2 In addition,
`pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), the parties filed
`true and correct copies of a Settlement and Patent License Agreement in
`each proceeding. Ex. 2134. The Agreements were accompanied by joint
`requests to treat the Agreement as business confidential information, to be
`kept separate from the publicly available patent files. Paper 25.
`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 patent owner, unless the Office has decided the
`merits of the proceeding before the request for termination is filed.” In these
`cases, the Board instituted trial on July 24, 2017, Patent Owner has filed its
`Response, and Petitioner has filed its Reply, but we have not yet decided the
`merits of the proceedings. Paper 11; Paper 19; Paper 21.
`Under 37 C.F.R. § 42.72, “[t]he Board may terminate a trial without
`rendering a final written decision, where appropriate, including . . . pursuant
`to a joint request under 35 U.S.C. [§] 317(a).” After reviewing the Joint
`Motions to Terminate and the Agreements, we determine that it is
`appropriate to terminate each of these proceedings without rendering a final
`written decision. Therefore, the Joint Motions to Terminate are GRANTED.
`
`
`
`
`
`
`2 We cite to the papers and exhibits filed in IPR2017-00662. Similar filings
`exist in IPR2017-00663 and IPR2017-00664.
`2
`
`
`
`
`
`
`Case IPR2017-00662 (Patent 6,969,539 B2)
`Case IPR2017-00663 (Patent 8,334,016 B2)
`Case IPR2017-00664 (Patent 8,334,016 B2)
`
`
`Accordingly, it is
`ORDERED that the Joint Motions to Terminate are GRANTED and
`IPR2017-00662, IPR2017-00663, and IPR2017-00664 are hereby
`TERMINATED; and
`FURTHER ORDERED that the Joint Requests to Treat Settlement
`Agreements as Business Confidential are GRANTED, and the Settlement
`and Patent License Agreement will be kept separate from the patent files.
`
`
`
`
`PETITIONER:
`Jeremy Jason Lang
`Jared Bobrow
`WEIL, GOTSHAL & MANGES LLP
`jason.lang@weil.com
`jared.bobrow@weil.com
`
`
`
`PATENT OWNER:
`
`Reza Mollaaghababa
`Thomas Engellenner
`Andrew Schultz
`PEPPER HAMILTON LLP
`mollaaghababar@pepperlaw.com
`engellennert@pepperlaw.com
`schultza@pepperlaw.com
`
`
`
`3
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