`571-272-7822 Entered: April 10, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LG ELECTRONICS, INC.,
`Petitioner,
`
`v.
`
`BROADCOM CORPORATION,
`
`Patent Owner.
`
`_______________
`
`Case IPR2017-01544
`Patent 7,342,967
`_______________
`
`
`
`Before THOMAS L. GIANNETTI, PATRICK M. BOUCHER, and
`NORMAN H. BEAMER, Administrative Patent Judges.
`
`GIANNETTI, Administrative Patent Judge.
`
`
`
`ORDER
`Termination of Trial
`35 U.S.C. § 317, 37 C.F.R. §§ 42.72 and 42.74
`
`
`
`IPR2018-00477
`Patent 7,342,967
`
`
`I.
`DISCUSSION
`On April 9, 2018, with Board authorization, the parties filed a Joint
`Motion to Terminate1 along with what they indicate is a true copy of their
`settlement agreement.2 In the Joint Motion to Terminate, the parties
`represent that they have settled their disputes regarding the patents at issue
`in these proceedings, including the litigation before the U.S. District Court
`for the Central District of California and before the U.S. International Trade
`Commission, and they state that “[t]here are no additional collateral
`agreements or understandings made in connection with, or in contemplation
`of, termination of the inter partes review.”3
`The parties also filed a Joint Request to have their settlement
`agreement treated as business confidential information and kept separate
`from the file of the respective patent pursuant to 35 U.S.C. § 317(b) and 37
`C.F.R. § 42.74(c).4
`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
`this chapter shall be terminated with respect to any petitioner upon the joint
`request of the petitioner and patent owner, unless the Office has decided the
`merits of the proceeding before the request for termination is filed.” Further,
`under 35 U.S.C. § 317(b),
`[a]ny 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 of an inter partes review
`under this section shall be in writing and a true copy of such
`
`
`1 Paper 14.
`2 Ex. 1015.
`3 Paper 14, 1–2.
`4 Paper 15.
`
`
`
`2
`
`
`
`IPR2018-00477
`Patent 7,342,967
`
`
`agreement or understanding shall be filed in the Office before
`the termination[.]
`As the parties have filed their written settlement agreement and jointly
`requested termination, we determine that it is appropriate to terminate these
`proceedings without rendering final written decisions under 35 U.S.C.
`§ 318(a). See 35 U.S.C. § 317; 37 C.F.R. §§ 42.72, 42.74.
`Accordingly, the Joint Motion to Terminate the above-identified
`proceeding and the Joint Request to treat the settlement agreement as
`business confidential information are granted. As requested by the parties,
`the settlement agreement will be treated as business confidential information
`and will be kept separate from the patent file. 35 U.S.C. § 317(b); 37 C.F.R.
`§ 42.74(c). This paper does not constitute a final written decision pursuant
`to 35 U.S.C. § 318(a).
`
`II. ORDER
`
`Therefore, it is
`ORDERED that the parties’ Joint Request that their settlement
`agreement (Ex. 1015) be treated as business confidential information under
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) are GRANTED; and
`FURTHER ORDERED that the parties’ Joint Motion to Terminate
`this proceeding is GRANTED, and this proceeding is hereby terminated.
`
`
`
`3
`
`
`
`IPR2018-00477
`Patent 7,342,967
`
`For PETITIONER:
`
`Erika H. Arner
`Joshua Goldberg
`Christopher C. Johns
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, L.L.P.
`erika.arner@finnegan.com
`joshua.goldberg@finnegan.com
`christopher.johns@finnegan.com
`
`For PATENT OWNER:
`
`John M. Caracappa
`Thomas Yebernetsky
`STEPTOE & JOHNSON LLP
`jcaracap@steptoe.com
`tyebernetsky@steptoe.com
`
`
`
`
`
`
`
`4
`
`
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