`Tel: 571.272.7822 Entered: February 20, 2018
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`KCURA LLC,
`Petitioner,
`
`v.
`
`BLACKBIRD TECH LLC d/b/a BLACKBIRD TECHNOLOGIES,
`Patent Owner.
`____________
`
`Case IPR2017-00899
`Patent 7,809,717 B1
`_______________
`
`
`Before JAMES T. MOORE, KRISTEN L. DROESCH, and MINN CHUNG,
`Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`JUDGMENT
`Termination of the Proceeding
`35 U.S.C. § 317(a) and 37 C.F.R. § 42.72
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2017-00899
`Patent 7,809,717 B1
`
`
`
`
`On December 7, 2017, the parties filed a Joint Motion to Terminate the
`Proceeding pursuant to a settlement agreement. Paper 16 (“Mot.”). With the
`joint motion, the parties filed a copy of their written settlement agreement
`(Exhibit 2003) covering U.S. Patent No. 7,809,717 (“the ’717 patent”),
`involved in this proceeding.
`The parties have also filed a joint request to have their settlement
`agreement treated as confidential business information under 35 U.S.C.
`§ 317(b) and 37 C.F.R. § 42.74(c). Paper 17.
`The instant proceeding is still in its fairly early stages. Although we
`have instituted, Patent Owner has not filed a Response.
`The parties represent that there is an unopposed motion to dismiss the
`related appeal in the United States Court of Appeals for the Federal Circuit,
`Blackbird Tech LLC d/b/a Blackbird Technologies v. Advanced Discovery Inc.
`et al., Appeal No. 17-2317. Paper 16, 2. A search of PACER indicates the
`motion was granted November 27, 2017.
`The parties further represent that the ’717 patent is not presently
`involved in any pending federal court litigation, and that there are no other
`Inter Partes Review proceedings. Paper 16, 3.
`Under these circumstances, the Board determines that it is appropriate
`to terminate the proceeding without rendering a final written decision. See
`37 C.F.R. § 42.72.
`Accordingly, it is:
`ORDERED that the proceeding is terminated; and
`FURTHER ORDERED that the settlement agreement (Exhibit 2003) be
`
`treated as business confidential information, kept separate from the file of U.S.
`
`
`
`2
`
`
`
`Case IPR2017-00899
`Patent 7,809,717 B1
`
`Patent No. 7,809,717, and made available only to Federal Government
`agencies on written request, or to any person on a showing of good cause,
`under the provisions 37 C.F.R. § 42.74(c).
`
`
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`
`
`
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`
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`PETITIONER:
`
`Bing Ai
`Miguel Bombach
`PERKINS COIE LLP
`Ai-ptab@perkinscoie.com
`mbombach@perkinscoie.com
`
`PATENT OWNER:
`
`Walter D. Davis, Jr.
`Wayne M. Helge
`Aldo Noto
`DAVIDSON BERQUIST JACKSON & GOWDEY, LLP
`wdavis@dbjg.com
`whelge@dbjg.com
`anoto@dbjg.com
`
`
`
`3
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`
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