`571-272-7822
`
`
`
`
`
`
`Paper No. 21
`Entered: January 12, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`——————
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`——————
`EVERNOTE CORPORATION,
`Petitioner,
`
`v.
`
`TALSK RESEARCH, INC.,
`Patent Owner.
`
`——————
`Case IPR2017‒01154
`Patent 7,178,097 B1
`
`——————
`
`Before SALLY C. MEDLEY, MELISSA A. HAAPALA, and
`CHRISTOPHER L. OGDEN, Administrative Patent Judges.
`
`OGDEN, Administrative Patent Judge.
`
`JUDGMENT
`Termination of Proceeding Due to Settlement and
`Granting Request to Treat Agreement as Business Confidential Information
`35 U.S.C. § 317 and 37 C.F.R. § 42.72
`
`
`
`Case IPR2017‒01154
`Patent 7,178,097 B1
`
`
`On January 10, 2017, the parties filed a joint motion to terminate the
`proceeding, explaining that the parties have reached an agreement to dismiss
`the related district court case, which was accordingly dismissed on January
`8, 2018. See Paper 18 at 3–4. The parties attached a copy of the written
`settlement agreement to their motion, pursuant to 35 U.S.C. § 317(b) and 37
`C.F.R. § 42.74(b). Ex. 1023. The parties also filed a joint request under
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) that their agreement be treated
`as confidential business information. Paper 20. We authorized the filing of
`these papers in an email dated January 9, 2018.
`We instituted trial for this proceeding on September 28, 2017. At this
`early stage of the proceeding, the Board does not have before it full briefing
`on the trial issues and the Board has not entered a final decision.
`Based on the facts of this case, it is appropriate to terminate the
`proceeding without rendering a final written decision. See 35 U.S.C.
`§ 317(a); 37 C.F.R. § 42.72.
`Accordingly, it is
`ORDERED that the parties’ joint request that the agreement be treated
`as business confidential information, to be kept separate from the patent file
`is granted;
`FURTHER ORDERED that the joint motion to terminate the
`proceeding is granted; and
`FURTHER ORDERED that the proceeding is terminated.
`
`
`
`
`
`
`
`2
`
`
`
`Case IPR2017‒01154
`Patent 7,178,097 B1
`
`
`PETITIONER:
`
`Douglas Kline
`dkline@goodwinprocter.com
`
`Adeel Haroon
`aharoon@goodwinprocter.com
`
`
`PATENT OWNER:
`
`Scott McKeown
`Scott.mckeown@ropesgray.com
`
`Victor Cheung
`cpdocketcheung@oblon.com
`
`
`
`
`
`
`
`3
`
`
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