`571-272-7822
`
`
`
`Paper 10
`Entered: January 9, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HUAWEI TECHNOLOGIES CO. LTD.,
`Petitioner,
`
`v.
`
`NOKIA SOLUTIONS AND NETWORKS OY,
`Patent Owner.
`____________
`
`Case IPR2017-01548
`Patent 8,817,718 B2
`____________
`
`
`
`Before TREVOR M. JEFFERSON, MICHELLE N. WORMMEESTER, and
`CHRISTA P. ZADO, Administrative Patent Judges.
`
`JEFFERSON, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Joint Motion to Dismiss
`37 C.F.R. § 42.71(a)
`Granting Request to Treat Settlement Document
`as Confidential Business Information
`35 U.S.C. § 317(b); 37 C.F.R. § 42.74(c)
`
`
`
`
`
`
`
`
`
`IPR2017-01548
`Patent 8,817,718 B2
`
`
`On December 22, 2017, the parties filed a joint motion to terminate
`the instant proceeding pursuant to a settlement agreement. Paper 8. The
`parties also filed a copy of their settlement agreement (which they refer to as
`“Exhibit 1100”), made in connection with the termination of the instant
`proceeding. Ex. 2100.1 In a concurrently filed paper, the parties jointly
`request that the settlement agreement be treated as confidential and kept
`separate from the file of the involved patent under 35 U.S.C. § 317(b) and
`37 C.F.R. § 42.74. Paper 9. We authorized the filing of these papers in an
`e-mail sent on December 22, 2017.
`The instant proceeding is in an early stage, and the Board has not
`determined whether to institute trial. The parties represent that their
`settlement agreement “represents all agreements made in connection with, or
`in contemplation of, the termination of this proceeding.” Paper 8, 2. The
`parties further represent that Exhibit 2100 is “a true and correct copy” of
`their settlement agreement. Id.
`In view of the foregoing, we determine that it is appropriate to dismiss
`the Petition. See 37 C.F.R. § 42.71(a) (authorizing the Board to dismiss a
`petition).
`
`
`
`
`
`1 Pursuant to our instructions provided in an e-mail on December 28, 2017,
`the parties submitted a replacement version of Exhibit 2100 (which they
`designated as “Replacement Exhibit 1100”). The version of Exhibit 2100
`previously filed on December 22, 2017, will be expunged from the record.
`
`2
`
`
`
`IPR2017-01548
`Patent 8,817,718 B2
`
`
`Accordingly, it is
`ORDERED that the joint motion to terminate the instant proceeding is
`granted, and the Petition is hereby dismissed;
`FURTHER ORDERED that the parties’ joint request that their
`settlement agreement (Ex. 2100) be treated as business confidential
`information and kept separate from the file of the involved patent, under the
`provisions of 35 U.S.C. § 317(b) and 37 C.F.R § 42.74(c), is granted; and
`FURTHER ORDERED that the version of Exhibit 2100 filed on
`December 22, 2017, is expunged.
`
`
`FOR PETITIONER:
`
`W. Karl Renner
`Roberto J. Devoto
`Brian Strand
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`devoto@fr.com
`strand@fr.com
`
`
`
`FOR PATENT OWNER:
`
`S. Benjamin Pleune
`Christopher TL Douglas
`Wes Achey
`ALSTON & BIRD LLP
`ben.pleune@alston.com
`christopher.douglas@alston.com
`wes.achey@alston.com
`
`
`
`3
`
`
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