`571-272-7822
`
`
`
`
`
`
`
`
`
`
`
`
` Paper 12
`
`
`
` Entered: May 4, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CPI CARD GROUP INC.,
`Petitioner,
`
`v.
`
`GEMALTO S.A.,
`Patent Owner.
`_______________
`
`Case IPR2017-01320
`Patent 6,786,418 B1
`____________
`
`Before TREVOR M. JEFFERSON, PATRICK M. BOUCHER, and
`TERRENCE W. McMILLIN, Administrative Patent Judges.
`
`JEFFERSON, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Joint Motion to Dismiss
`35 U.S.C. § 317(a) and 37 C.F.R. § 42.72
`
`
`
`
`
`IPR2017-01320
`Patent 6,786,418 B1
`On December 19, 2017, pursuant to 35 U.S.C. § 317(a) and 37 C.F.R.
`§§ 42.72, 42.74, CPI Card Group Inc. (“Petitioner”) and Gemalto S.A.
`(“Patent Owner”) (collectively the “Parties”) filed a joint motion to
`terminate the instant proceeding pursuant to a settlement agreement and a
`copy of their Settlement Agreement as Exhibit 2017. Paper 11. The Parties
`represent that Exhibit 2017 is a true copy the Settlement Agreement entered
`between the Parties on September 29, 2017, and that there are “no collateral
`agreements or understandings made in connection with, or in contemplation
`of, the termination of [IPR2017-01320].” Paper 11, 1. The Parties further
`represent that pursuant to the Settlement Agreement the Parties have agreed
`to request termination of inter partes review for U.S. Patent No. 6,786,418
`B1 (“the ’418 patent”). The Parties also state that Gemalto S.A. v. CPI Card
`Group Inc., No. 1:16-cv-01006-RBJ (D. Colo.), which involved the ’418
`patent, was terminated on December 7, 2017, pursuant to the Parties
`stipulation filed that same day. Paper 11, 1.
`In view of the early stage of these proceedings, and the dismissal and
`settlement of the dispute between the parties regarding the ’418 patent, we
`determine that it is appropriate to dismiss the petitions in the instant
`proceedings. See 37 C.F.R. § 42.71(a). Therefore, the joint motion to
`terminate the proceeding in IPR2017-01320 is granted. This paper does not
`constitute a final written decision pursuant to 35 U.S.C. § 318(a).
`
`ORDER
`
`Accordingly, it is:
`ORDERED that the petition in IPR2017-01320 is dismissed under 37
`C.F.R. § 42.71(a) and the proceeding is hereby terminated.
`
`
`2
`
`
`
`IPR2017-01320
`Patent 6,786,418 B1
`
`
`
`
`PETITIONER:
`Michael Scheer
`mscheer@michaeljscheer.com
`
`Pejman Sharifi
`psharifi@winston.com
`
`Louis Campbell
`llcampbell@winston.com
`
`PATENT OWNER:
`Peter Schechter
`schechter@oshaliang.com
`
`Tammy Dunn
`dunn@oshaliang.com
`
`
`
`
`
`
`3
`
`
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