`
`______________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`
`AMAZON.COM, INC. and AMAZON WEB SERVICES, INC.,
`Petitioners,
`
`v.
`
`AVAGO TECHNOLOGIES GENERAL IP (SINGAPORE) PTE. LTD.,
`Patent Owner.
`_____
`
`Case IPR2017-01359
`U.S. Patent 7,006,636
`______________
`
`JOINT MOTION BY PETITIONERS AND PATENT OWNER
`TO DISMISS
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2017-01359
`U.S. Patent 7,006,636
`
`
`
`Pursuant to 35 U.S.C. § 314(b) and 37 C.F.R. § 42.71(b), Petitioners
`
`Amazon.com, Inc. and Amazon Web Services, Inc. (“Amazon”) and Patent Owner
`
`Avago Technologies General IP (Singapore) Pte. Ltd. (“Avago”) jointly request
`
`dismissal of the petition for inter partes review of U.S. Patent No. 7,006,636 (“the
`
`‘636 Patent”), Case No. IPR2017-01359. The Board authorized the parties to file
`
`this Joint Request via email on October 24, 2017.
`
`I. Dismissal Is Appropriate
`
`Dismissal of this petition by the Board is appropriate. Amazon filed its
`
`petition on May 3, 2017. The Board has not made an institution determination nor
`
`conducted an oral hearing.
`
`Amazon hereby withdraws its request for inter partes review of the
`
`challenged claims of the ‘636 Patent in IPR2017-01359, and requests that the
`
`Board dismiss IPR2017-01359. Avago joins Amazon’s request.
`
`Motions to dismiss based on stipulation are routinely granted prior to an
`
`institution determination and the oral hearing timeframe.5 Accordingly, good cause
`
`
`5 See, e.g., Sony Corp. v. Avago Techs. General IP (Singapore) Pte. Ltd., IPR2017-
`
`00520 (PTAB June 22, 2017) (Paper 10 at 3); Unified Patents Inc. v. Shipping &
`
`Transit, LLC, IPR2017-00361 (PTAB Mar. 31, 2017) (Paper 9 at 3); Microsemi
`
`Corp. v. e.Digital Corp.., IPR2015-01120 (PTAB Aug. 19, 2015) (Paper 16 at 3).
`
`
`
`2
`
`
`
`Case IPR2017-01359
`U.S. Patent 7,006,636
`
`
`exists to dismiss this proceeding based on stipulation as the Board has not yet
`
`conducted an oral hearing or otherwise resolved the merits of the petition.
`
`Moreover, the parties have reached an agreement to settle all of their
`
`disputes concerning the ‘636 Patent. In the pending district court litigation
`
`regarding the ‘636 Patent, Broadcom Corp. v. Amazon.com, Inc., Case 8:16-cv-
`
`01774-JVS-JCG (C.D. Cal.), the Court dismissed the case upon notification from
`
`the parties of a broader settlement of disputes between Broadcom and Amazon.6
`
`As such, the parties have reached agreement to dismiss this inter partes review
`
`petition.
`
`As set forth in 35 U.S.C. § 317 and 37 C.F.R. § 42.74, the agreement has
`
`been made in writing, and a true and correct copy has been filed as Exhibit 1012 to
`
`this motion as business confidential information pursuant to 35 U.S.C. § 317(b)
`
`and 37 C.F.R. § 42.74(b)-(c).
`
`The parties hereby represent that Exhibit 1012 represents the only agreement
`
`made in connection with, or in contemplation of, the dismissal of this proceeding.
`
`All such agreements have been filed with the Board as required by § 317(b) and 37
`
`C.F.R. § 42.74(b). There are no other “collateral agreements referred to in such
`
`agreement or understanding, made in connection with, or in contemplation of, the
`
`
`6 Ex. 1011 (Dkt. No. 125).
`
`
`
`3
`
`
`
`
`termination of an inter partes review under this section,” as set forth in 35 U.S.C. §
`
`Case IPR2017-01359
`U.S. Patent 7,006,636
`
`317(b).
`
`There are no proceedings regarding the ‘636 Patent pending before any other
`
`tribunal.
`
`II. Conclusion
`
`Amazon and Avago respectfully request dismissal of the petition for inter
`
`partes review of U.S. Patent No. 7,006,636, Case No. IPR2017-01359.
`
`
`
`
`Date: October 25, 2017
`
`
`
`Date: October 25, 2017
`
`
`
`
`
`
`Respectfully Submitted,
`
` /Joseph F. Edell/
`Joseph F. Edell (Reg. No. 67,625)
`Lead Counsel for Petitioners
`
` /Jason S. Angell/
`Jason S. Angell (Reg. No. 51,408)
`Lead Counsel for Patent Owner
`
`
`
`4
`
`
`
`Case IPR2017-01359
`U.S. Patent 7,006,636
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on October 25, 2017, a copy of the
`
`foregoing Joint Motion by Petitioners and Patent Owner to Dismiss was
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`electronically served to Patent Owner at the correspondence email addresses of
`
`record as follows:
`
`Jason S. Angell (Reg. No. 51408)
`jangell@fawlaw.com
`
`Jing H. Cherng (Reg. No. 68,144)
`gcherng@fawlaw.com
`
`By: /Joseph F. Edell/
`
`Joseph F. Edell (Reg. No. 67,625)
`Fisch Sigler LLP
`5301 Wisconsin Avenue NW
`Fourth Floor
`Washington, DC 20015
`Phone: (202) 362-3524
`Fax: (202) 362-3501
`Email: Joe.Edell.IPR@fischllp.com
`
`
`
`5
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`
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