throbber
Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper No. 17
`Entered: January 8, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SONY CORPORATION,
`Petitioner,
`
`v.
`
`ARRIS ENTERPRISES LLC,
`Patent Owner.
`____________
`Cases IPR2017-01692 (Patent 6,138,147)
` IPR2017-01695 (Patent 7,107,532 B1)
` IPR2017-01803 (Patent 7,107,532 B1)
` IPR2017-01867 (Patent 6,944,880 B1)
` IPR2017-01936 (Patent 8,300,156 B2)
` IPR2017-01961 (Patent 6,934,148 B2)
` IPR2017-01963 (Patent 7,752,564 B2)
` IPR2017-01964 (Patent 6,473,858 B1)
` IPR2017-02064 (Patent 7,113,502 B2)
` IPR2018-00072 (Patent 9,521,466 B2)
` IPR2018-00075 (Patent 9,521,466 B2)1
`____________
`
`Before JAMESON LEE, JENNIFER S. BISK, MICHELLE N. WORMMEESTER,
`and JESSICA C. KAISER, Administrative Patent Judges.2
`
`
`PER CURIAM.
`
`1 This Decision addresses an issue that is identical in all of the above-referenced
`cases. We, therefore, exercise our discretion to issue one Decision to be filed in
`each case. The parties, however, are not authorized to use this style heading.
`2 In IPR2017-01692, IPR2017-01695, IPR2017-01803, IPR2017-01867, IPR2018-
`00072, and IPR2018-00075, the panel consists of Judges Lee, Wormmeester, and
`Kaiser. In IPR2017-01936, IPR2017-01961, IPR2017-01963, IPR2017-01964,
`and IPR2017-2064, the panel consists of Judges Bisk, Wormmeester, and Kaiser.
`
`

`

`IPR2017-01692 (Patent 6,138,147)
`IPR2017-01695 (Patent 7,107,532 B1)
`IPR2017-01803 (Patent 7,107,532 B1)
`IPR2017-01867 (Patent 6,944,880 B1)
`IPR2017-01936 (Patent 8,300,156 B2)
`IPR2017-01961 (Patent 6,934,148 B2)
`IPR2017-01963 (Patent 7,752,564 B2)
`IPR2017-01964 (Patent 6,473,858 B1)
`IPR2017-02064 (Patent 7,113,502 B2)
`IPR2018-00072 (Patent 9,521,466 B2)
`IPR2018-00075 (Patent 9,521,466 B2)
`
`
`
`ORDER
`Termination of the Proceedings
`37 C.F.R. § 42.74
`
`
`After receiving authorization to do so, the parties filed a joint motion
`to terminate each of the above-referenced proceedings (Paper 11, 1),3 a
`Memorandum of Understanding (Ex. 1021) (“MOU”), and a joint motion to
`file their settlement agreement (the MOU) as business confidential material
`(Paper 12) (“Motion to File the Settlement Agreement as Confidential”).
`After receiving further authorization, the parties filed their final settlement
`agreement (Ex. 1022) along with a joint motion to file the Final Settlement
`Agreement as business confidential material (Paper 14) (“Motion to File the
`Final Settlement Agreement as Confidential”).
`Under the circumstances, we grant the parties’ Motion to Terminate,
`Motion to File the Settlement Agreement as Confidential, and Motion to File
`the Final Settlement Agreement as Confidential in each proceeding. These
`proceedings are in their early stages: a decision on institution has not issued,
`
`
`3 For purposes of expediency, we refer to the paper numbers in Case
`IPR2017-01692. Similar papers were filed in the other proceedings.
`
`
`
`2
`
`

`

`IPR2017-01692 (Patent 6,138,147)
`IPR2017-01695 (Patent 7,107,532 B1)
`IPR2017-01803 (Patent 7,107,532 B1)
`IPR2017-01867 (Patent 6,944,880 B1)
`IPR2017-01936 (Patent 8,300,156 B2)
`IPR2017-01961 (Patent 6,934,148 B2)
`IPR2017-01963 (Patent 7,752,564 B2)
`IPR2017-01964 (Patent 6,473,858 B1)
`IPR2017-02064 (Patent 7,113,502 B2)
`IPR2018-00072 (Patent 9,521,466 B2)
`IPR2018-00075 (Patent 9,521,466 B2)
`
`
`which favors termination. See, e.g., Office Patent Trial Practice Guide, 77
`Fed. Reg. 48,756, 48,768 (Aug. 14, 2012).
`
`Therefore, it is
`ORDERED that the parties’ Motion to Terminate is granted in each
`proceeding, and these proceedings are terminated as to all parties;
`FURTHER ORDERED that the parties’ requests, in their Motion to
`File the Settlement Agreement as Confidential and their Motion to File the
`Final Settlement Agreement as Confidential, that the MOU and the Final
`Settlement Agreement be treated as business confidential information and be
`kept separate from the patent files, under the provisions of
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), are granted in each proceeding.
`
`
`
`
`
`
`
`
`3
`
`

`

`IPR2017-01692 (Patent 6,138,147)
`IPR2017-01695 (Patent 7,107,532 B1)
`IPR2017-01803 (Patent 7,107,532 B1)
`IPR2017-01867 (Patent 6,944,880 B1)
`IPR2017-01936 (Patent 8,300,156 B2)
`IPR2017-01961 (Patent 6,934,148 B2)
`IPR2017-01963 (Patent 7,752,564 B2)
`IPR2017-01964 (Patent 6,473,858 B1)
`IPR2017-02064 (Patent 7,113,502 B2)
`IPR2018-00072 (Patent 9,521,466 B2)
`IPR2018-00075 (Patent 9,521,466 B2)
`
`
`PETITIONER:
`Lionel M. Lavenue
`John Mulcahy
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`lionel.lavenue@finnegan.com
`john.mulcahy@finnegan.com
`
`PATENT OWNER:
`Christopher O. Green
`Jeremy Monaldo
`Erin Alper
`FISH & RICHARDSON P.C.
`IPR39328-0008IP1@fr.com
`PTABInbound@fr.com
`
`Robert E. Sokohl
`Chandrika Vira
`Michelle K. Holoubek
`rsokohl-PTAB@skgf.com
`cvira-PTAB@skgf.com
`holoubek@skgf.com
`PTAB@skgf.com
`
`
`
`
`
`
`
`4
`
`

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