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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner
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`v.
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`IMAGE PROCESSING TECHNOLOGIES LLC,
`Patent Owner
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`Case IPR2017-01212
`U.S. Patent No. 8,989,445
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`JOINT MOTION TO TERMINATE INTER PARTES REVIEW
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`Pursuant to 35 U.S.C. § 317(a), the Petitioner and Patent Owner jointly
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`request termination of this inter partes review, which is directed to U.S. Patent No.
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`8,989,445.
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`Termination of this review is appropriate because the parties have resolved
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`their dispute regarding U.S. Patent No. 8,989,445 and have reached an agreement
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`to, among other things, terminate this review. Ex. 2001, Settlement Agreement
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`(submitted as business confidential information pursuant to 35 U.S.C. § 317(b) and
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`37 C.F.R. § 42.74(c)). “Generally, the Board expects that a proceeding will
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`terminate after the filing of a settlement agreement.” Oracle Corp. v. Cmty. United
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`IP, LLC, CBM2013-00015, Paper 13 (July 25, 2013) (citing Office Patent Trial
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`Practice Guide, 77 Fed. Reg. 48756, 48765–66 (Aug. 14, 2012)). The petition for
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`review was filed on March 30, 2017, and the Board has not yet rendered a decision
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`regarding whether trial will be instituted. Thus, the Board has not yet reached any
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`decision on the merits of the proceeding. Termination at this early juncture
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`promotes efficiency, conserves Board resources and minimizes unnecessary costs.
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`On July 10, 2017, the parties advised the Board that they have reached
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`a settlement, and sought authorization to file a joint motion to terminate the
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`proceeding. The Board authorized the filing of a joint motion to terminate this
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`proceeding on July 13, 2017. Per the Board’s July 13, 2017 Order, a true copy of
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`the parties’ confidential written settlement agreement is being filed as an exhibit
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`1
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`contemporaneously with this joint motion to terminate. The settlement agreement
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`is being filed for access by the “Parties and Board Only.” The parties desire that
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`the settlement agreement be maintained as business confidential information under
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`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), and a separate joint request for such
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`is being filed contemporaneously.
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`Dated: 7/20/2017
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`/Chris J. Coulson/
`Chris J. Coulson (Reg. No. 61,771)
`Lead Counsel for Patent Owner
`ANDREWS KURTH KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel.: (212) 425-7200
`Fax: (212) 425-5288
`chriscoulson@andrewskurthkenyon.com
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`/John Kappos/
`John Kappos (Reg. No. 37,861)
`Lead Counsel for Petitioner
`O’MELVENY & MEYERS LLP
`610 Newport Center Drive, 17th Floor
`Newport Beach, CA 92660
`Tel.: (949) 760-9600
`jkappos@omm.com
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`Nicholas J. Whilt (Reg. No. 72,081)
`nwhilt@omm.com
`Brian M. Cook (Reg. No. 59,356)
`bcook@omm.com
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on July
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`20, 2017, the foregoing document was served via electronic mail upon the
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`following counsel of record for the Petitioner:
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`John Kappos (Reg. No. 37,861)
`O’Melveny & Myers LLP
`610 Newport Center Drive, 17th Floor
`Newport Beach, CA 92660
`jkappos@omm.com
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`Nicholas J. Whilt (Reg. No. 72,081)
`O’Melveny & Myers LLP
`400 South Hope Street, 18th Floor
`Los Angeles, CA 90071
`nwhilt@omm.com
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`Brian M. Cook (Reg. No. 59,356)
`O’Melveny & Myers LLP
`400 South Hope Street, 18th Floor
`Los Angeles, CA 90071
`bcook@omm.com
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`IPTSAMSUNGOMM@OMM.COM
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`3
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`/Chris J. Coulson/
`Chris J. Coulson
`ANDREWS KURTH KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel.: (212) 425-7200
`Fax: (212) 425-5288
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