`Trials@uspto.gov
`Entered: December 1, 2017
`571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`AUTOLOXER LLC,
`Patent Owner.
`____________
`
`Case IPR2017-01271
`Patent 7,084,735 B2
`____________
`
`Before BRIAN J. McNAMARA and SCOTT B. HOWARD,
`Administrative Patent Judges.
`
`HOWARD, Administrative Patent Judge.
`
`ORDER AUTHORIZING FILING OF MOTION TO TERMINATE
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`IPR2017-01271
`Patent 7,084,735 B2
`
`
`In e-mail correspondence on December 1, 2017, the parties advised
`the Board that a settlement agreement had been reached in the current inter
`partes review proceeding concerning U.S. Patent No. 7,084,735 (hereinafter
`“the subject patent”). The parties may agree to settle any issue in a
`proceeding pursuant to a written agreement, a copy of which shall be filed
`with the Board before termination of the trial. 37 C.F.R. § 42.74(a), (b).
`Any agreement or understanding between the patent owner and a petitioner,
`including any collateral agreements referred to in such agreement or
`understanding made in connection with, or in contemplation of the
`termination shall be in writing and a true copy of such agreement or
`understanding shall be filed in the Office before the termination of such
`proceeding as between the parties. 35 U.S.C. § 317(b). Any such agreement
`should be filed as a separate exhibit.
`The parties are authorized to file a Joint Motion To Terminate this
`proceeding. The Joint Motion To Terminate must update the Board
`concerning the status of any litigation or proceeding, including, but not
`limited to proceedings in the U.S. Patent and Trademark Office, involving
`the subject patent, and advise the Board whether any litigation or proceeding
`involving the subject patent is contemplated in the foreseeable future. The
`Joint Motion To Terminate also must include a copy of any agreement and
`include a statement certifying that there are no collateral agreements or
`understandings made in connection with, or in contemplation of, the
`termination of the proceeding.
`We further authorize the parties to file a Joint Request to File the
`Settlement Agreement as Business Confidential Information, with the Joint
`Motion to Terminate. See 35 U.S.C. § 317(b); 37 C.F.R. § 42.74(c).
`
`
`
`2
`
`
`
`IPR2017-01271
`Patent 7,084,735 B2
`
`
`Accordingly, it is:
`ORDERED that the parties are authorized to file a Joint Motion To
`Terminate the proceeding and a Joint Request That The Settlement
`Agreement Be Treated As Business Confidential Information.
`
`
`
`3
`
`
`
`IPR2017-01271
`Patent 7,084,735 B2
`
`PETITIONER:
`David Cavanaugh
`Michael Van Handel
`Wilmer Cutler Pickering Hale and Dorr LLP
`david.cavanaugh@wilmerhale.com
`michael.vanhandel@wilmerhale.com
`
`Jonathan Stroud
`Ashraf Fawzy
`Unified Patents Inc.
`jonathan@unifiedpatents.com
`afawzy@unifiedpatents.com
`
`
`PATENT OWNER:
`David Bennett
`DIRECTION IP LAW
`dbennett@directionip.com
`
`
`
`4
`
`
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