`571-272-7822
`
`
`
`Paper No. 9
`Entered: January 17, 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 IPR2017-01581
`Patent 8,151,082 B2
`____________
`
`Before TREVOR M. JEFFERSON, MICHELLE N. WORMMEESTER, and
`CHRISTA P. ZADO, Administrative Patent Judges.
`
`ZADO, 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)
`
`
`
`On December 22, 2017, pursuant to 35 U.S.C. § 317(a), the parties
`filed a Joint Motion by Petitioner and Patent Owner to Terminate
`Proceeding. Paper 7, “Joint Motion.” Accompanying the Joint Motion, the
`
`
`
`IPR2017-01581
`Patent 8,121,082 B2
`
`parties filed what they assert is a true copy of a settlement agreement along
`with a Joint Request to treat the settlement agreement as confidential, to be
`kept separate from the patent file under 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74. Paper 8, “Joint Request”; Ex. 21001. The filing of these papers was
`authorized in an email sent on December 22, 2017.
`The instant proceeding is still in the preliminary stages, as we have
`not yet entered a decision whether or not to institute an inter partes review.
`Under these circumstances, Petitioner has demonstrated that dismissal of its
`Petition is warranted, and we grant the parties’ Joint Motion and dismiss the
`Petition. See 37 C.F.R. § 42.71(a) (authorizing the Board to dismiss a
`petition).
`Accordingly, it is:
`ORDERED that the parties’ Joint Motion is granted and the Petition
`is dismissed;
`FURTHER ORDERED that the parties’ Joint Request that the
`settlement agreement (Ex. 2100) be treated as business confidential
`information and kept separate from the patent file, 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.
`
`
`1 The Joint Motion and Joint Request refer to Exhibit 1100; however, the
`exhibit was filed as Exhibit 2100. We refer to the Exhibit as 2100. Pursuant
`to our instructions provided in an email sent on December 28, 2017, the
`parties submitted a replacement version of Exhibit 2100 on December 28,
`2017. The version of Exhibit 2100 previously filed on December 22, 2017 is
`expunged per this Order.
`
`
`
`IPR2017-01581
`Patent 8,121,082 B2
`
`PETITIONER:
`W. Karl Renner
`Jeremy J. Monaldo
`Brian G. Strand
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`jjm@fr.com
`strand@fr.com
`
`PATENT OWNER:
`S. Benjamin Pleune
`Christopher TL Douglas
`David S. Frist
`ALSTON & BIRD LLP
`ben.pleune@alston.com
`christopher.douglas@alston.com
`david.frist@alston.com
`
`
`
`
`
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