`Date: July 11, 2017
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SANDISK LLC,
`Petitioner,
`
`v.
`
`MEMORY TECHNOLOGIES, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-01069
`Patent 7,275,186 B2
`____________
`
`Before MICHAEL J. FITZPATRICK, STACEY G. WHITE, and
`GARTH D. BAER, Administrative Patent Judges.
`
`BAER, Administrative Patent Judge.
`
`
`ORDER
`
`Dismissing Petition
`37 C.F.R. §§ 42.5(a) and 42.71(a)
`and
`Granting Request to Treat Settlement Documents as
`Confidential Business Information
`37 C.F.R. § 42.74(c)
`
`
`
`
`
`IPR2017-01069
`Patent 7,275,186 B2
`
`
`
`
`
`On July 7, 2017, the parties filed a Joint Motion to Terminate Proceeding
`and Joint Request to Keep Papers Separate as Business Confidential Information.
`Paper 6. Because we have not instituted an inter partes review, we treat the Joint
`Motion to Terminate as a joint motion to dismiss the Petition. The Motion requests
`dismissal because the parties have settled all disputes between them regarding U.S.
`Patent No. 7,275,186 B2 (“the ’186 patent”). Paper 6, 2. The parties concurrently
`filed a true copy of their Settlement and License Agreement. Id. at 3; see
`Ex. 2001.
`This proceeding is at an early stage. Petitioner filed a Petition for Inter
`Partes Review of certain claims of the ’186 patent on March 10, 2017. Paper 1.
`Patent Owner has not filed a Preliminary Response, and we have neither
`considered the merits of the Petition nor decided whether to institute trial.
`Under these circumstances, we determine it is appropriate to dismiss the
`Petition. See 37 C.F.R. §§ 42.5(a), 42.71(a). We also determine it is appropriate to
`treat the parties’ Settlement and License Agreement (Ex. 2001) as confidential
`business information, and to keep that document separate from the files of the
`’186 patent.
`This paper does not constitute a final written decision pursuant to 35 U.S.C.
`§ 318(a).
`Accordingly, it is hereby:
`ORDERED that the Petition for Inter Partes Review of U.S. Patent No.
`7,275,186 B2 is dismissed; and
`FURTHER ORDERED that Exhibit 2001 (“Settlement Agreement”) be
`maintained as confidential business information and kept separate from the files of
`U.S. Patent No. 7,275,186 B2.
`
`
`
`2
`
`
`
`IPR2017-01069
`Patent 7,275,186 B2
`
`
`
`
`
`
`
`PETITIONER:
`Brian Oaks
`Eliot D. Williams
`Chris Ryan
`BAKER BOTTS LLP
`brian.oaks@bakerbotts.com
`eliot.williams@bakerbotts.com
`chris.ryan@bakerbotts.com
`
`
`PATENT OWNER:
`Timothy P. Maloney
`Nicholas T. Peters
`Thomas F. Lebens
`Paul B. Henkelmann
`FITCH, EVEN, TABIN & FLANNERY LLP
`MTL-IPR@fitcheven.com
`
`
`3
`
`
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