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` Entered: June 8, 2017
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`Trials@uspto.gov
`571.272.7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`VALENS SEMICONDUCTOR LTD.,
`Petitioner,
`
`v.
`
`VESPER TECHNOLOGY RESEARCH, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00865
`Patent 6,611,247 B1
`____________
`
`
`
`Before KEVIN F. TURNER, JASON J. CHUNG, and
`MELISSA A. HAAPALA, Administrative Patent Judges.
`
`HAAPALA, Administrative Patent Judge.
`
`DECISION
`Joint Motion to Terminate
`35 U.S.C. § 317 and 37 C.F.R. §§ 42.72, 42.74
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`Pursuant to our authorization, on May 30, 2017, the parties filed a
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`revised joint Motion to Terminate Proceedings and Request to File
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`Settlement Agreement as Business Confidential Information. Paper 8.
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`Along with the motion, the parties filed a copy of a document they represent
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`
`
`IPR2017-00865
`Patent 6,611,247 B1
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`
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`is a true copy of the settlement agreement between the parties, together with
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`its associated exhibits, as Exhibit 2002. Id. at 2. The parties represent that
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`there are no collateral agreements made in connection with the termination
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`of this inter partes review. Id. at 2–3. The parties also represent that the
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`settlement agreement and its exhibits are reproduced exactly in the form in
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`which they were reviewed and signed by the parties, the redactions in the
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`exhibits were present when the agreement was reviewed and signed, and that
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`these redactions omit terms of previous agreements that were not made
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`known to Petitioner in accordance with third party confidentiality. Id. at 2
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`n.1. The parties request the settlement agreement (Ex. 2002) be treated as
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`business confidential information pursuant to 35 U.S.C. § 317(b) and
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`37 C.F.R. § 42.74(c). Id. at 3.
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`The parties may agree to settle any issue in a proceeding pursuant to
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`a written agreement, a copy of which shall be filed with the Board before
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`termination of the trial. 37 C.F.R. § 42.74(a)–(b). Any agreement or
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`understanding between the patent owner and a petitioner, including any
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`collateral agreements referred to in such agreement or understanding made
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`in connection with, or in contemplation of, the termination of an inter partes
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`review shall be in writing and a true copy of such agreement or
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`understanding shall be filed in the Office before the termination of such
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`review as between the parties. 35 U.S.C. § 317(b).
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`
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`The proceeding is at an early stage, with the Office not yet having
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`determined whether to institute the proceeding. Additionally, the parties
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`have complied with 35 U.S.C. 317(b). Under the circumstances, we
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`determine that it is appropriate to terminate this proceeding with respect to
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`all parties without rendering a final written decision. We further determine
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`the request to treat the settlement agreement (Ex. 2002) as business
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`2
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`IPR2017-00865
`Patent 6,611,247 B1
`
`
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`confidential information was timely filed with the settlement agreement,
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`and, therefore, grant the request. See 35 U.S.C. § 317(b); 37 C.F.R.
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`§ 42.74(c).
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`
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`It is
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`ORDERED that the revised joint Motion to Terminate the captioned
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`proceeding is granted; and
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`FURTHER ORDERED that the joint request that the settlement
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`agreement (Ex. 2002) be treated as business confidential information
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`pursuant to § 317(b) and 37 C.F.R. § 42.74(c) is granted.
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`3
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`IPR2017-00865
`Patent 6,611,247 B1
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`For PETITIONER:
`
`Barry Schindler
`schindlerb@gtlaw.com
`
`Lennie Bersh
`bershl@gtlaw.com
`
`Vimal Kapadia
`kapadiav@gtlaw.com
`
`
`For PATENT OWNER:
`
`Kenneth Weatherwax
`weatherwax@lowensteinweatherwax.com
`
`
`
`4
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`
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