`571.272.7822
`
`
`
`
`
`Paper No. 18
`Entered: January 11, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`T-MOBILE US, INC. and T-MOBILE USA, INC.,
`Petitioner,
`v.
`HUAWEI TECHNOLOGIES CO., LTD.,
`Patent Owner.
`_______________
`
`Case IPR2017-00671
`Patent 8,638,750 B2
`_______________
`
`Before TREVOR M. JEFFERSON, PATRICK M. BOUCHER, and
`JOHN F. HORVATH, Administrative Patent Judges.
`
`HORVATH, Administrative Patent Judge.
`
`
`ORDER
`
`Granting Motion to Terminate
`37 C.F.R. §42.72
`and
`
`Granting Request to Treat Settlement Documents
`As Business Confidential Information
`37 C.F.R. § 42.74(c)
`
`
`
`
`
`
`
`IPR2017-00671
`Patent 8,638,750 B2
`
`
`I. INTRODUCTION
`
`On December 29, 2017, Petitioner and Patent Owner (“the parties”)
`jointly filed a motion to terminate this proceeding (Paper 16, “Mot.”), and a
`request to treat settlement documents as Business Confidential Information
`(Paper 17, “Req.”). For the reasons discussed below, the parties’ joint
`motion to terminate this proceeding is granted, and the parties’ joint request
`to treat settlement documents as Business Confidential Information is
`granted.
`
`II. DISCUSSION
`
`Petitioner filed a Petition for inter partes review of the challenged
`claims of U.S. Patent No. 8,638,750 B2 (“the ’750 patent”) on January 19,
`2017. Paper 3. Patent Owner filed a Preliminary Response on May 1, 2017
`(Paper 8), and we instituted trial on July 31, 2017 (Paper 9). Patent Owner
`filed a Response to the Petition on November 13, 2017. Paper 14. We have
`yet to decide the merits of the Petition.
`The parties’ joint motion to terminate requests termination of this
`proceeding because the parties have settled all of their disputes regarding the
`’750 patent, including in this proceeding. Mot. 1. The parties aver that they
`have filed a true and correct copy of their Litigation Settlement Agreement
`as an exhibit to this proceeding, and that the Litigation Settlement
`Agreement constitutes the entire understanding and agreement between the
`parties. Id. at 2; see also Ex. 1028.
`Under the foregoing circumstances, we determine it is appropriate to
`terminate this proceeding. See 35 U.S.C. § 317; see also 37 C.F.R. § 42.72.
`We also determine it is appropriate to treat the parties’ Litigation Settlement
`
`
`
`
`2
`
`
`
`IPR2017-00671
`Patent 8,638,750 B2
`
`Agreement as Business Confidential Information, and to keep the Litigation
`Settlement Agreement separate from the files of the ’750 patent.
`This paper does not constitute a final written decision pursuant to 35
`U.S.C. § 318(a).
`
`III. ORDER
`
`
`It is hereby:
`
`ORDERED that the Joint Motion of Petitioner and Patent Owner to
`Terminate Proceeding is granted;
`FURTHER ORDERED that the trial instituted for IPR2017-00671 is
`terminated;
`FURTHER ORDERED that the Joint Motion of Petitioner and Patent
`Owner to Treat Their Litigation Settlement Agreement as Business
`Confidential Information is granted; and
`FURTHER ORDERED that Exhibit 1028 (“Litigation Settlement
`Agreement”) be maintained as Business Confidential Information and kept
`separate from the files of U.S. Patent No. 8,638,750 B2.
`
`
`
`
`
`
`3
`
`
`
`IPR2017-00671
`Patent 8,638,750 B2
`
`For PETITIONER:
`
`Joseph F. Haag
`Peter M. Dichiara
`Evelyn C. Mak
`joseph.haag@wilmerhale.com
`peter.dichiari@wilmerhale.com
`evelyn.mak@wilmerhale.com
`
`For PATENT OWNER:
`
`Michael T. Hawkins
`W. Karl Renner
`Jeremy Monaldo
`Roberto Devoto
`Stuart A. Nelson
`Kevin K. Su
`Conrad A. Gosen
`IPR35548-0058IP1@fr.com
`AXF-PTAB@fr.com
`monaldo@fr.com
`devoto@fr.com
`PTABInbound@fr.com
`
`
`
`
`4
`
`
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