`
`
`
`Trials@uspto.gov
`Entered: November 2, 2017
`
`
`
`571-272-7822
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICROSOFT CORPORATION,
`Petitioner,
`v.
`
`
`
` BRADIUM TECHNOLOGIES LLC,
`
`Patent Owner.
`_______________
`
`Case IPR2017-01818
`Patent 9,641,645 B2
`_______________
`
`
`Before BRYAN F. MOORE, BRIAN J. McNAMARA, and
`MINN CHUNG, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`ORDER
`Dismissing the Petition Pursuant to Settlement
`37 C.F.R. §§ 42.71(a), 42.74
`
`On October 19, 2017, pursuant to Board authorization, Petitioner and
`
`Patent Owner filed a joint motion requesting dismissal of the Petition in the
`proceeding identified in the caption. Paper 6. Along with the motion, the
`parties filed a copy of a document they describe as a settlement agreement
`(Paper 6, 2; Ex. 2001), as well as a joint request to treat the settlement
`agreement as business confidential information. Papers 6, 7; see 37 C.F.R.
`
`
`
`IPR2017-01818
`Patent 9,641,645 B2
`
`§ 42.74(c) (a party to a settlement may request that the settlement agreement
`be treated as business confidential and be kept separate from the patent file).
`
`The case is in a preliminary stage. The Board has not yet issued
`decisions on whether to institute the proceeding. The parties state in the
`joint motion that they have settled their dispute and have reached agreement
`to terminate these inter partes reviews. Paper 6, 2. We are persuaded that,
`under these circumstances, it is appropriate to dismiss the Petition in the
`proceeding. 37 C.F.R. § 42.71(a). This Order does not constitute a final
`written decision pursuant to 35 U.S.C. § 318(a).
`
`It is therefore
`ORDERED that the joint motion is granted and the Petition is
`
`dismissed in this proceeding; and
`
`FURTHER ORDERED that the joint request that the settlement
`agreement be treated as business confidential information, to be kept
`separate from the patent file, is granted in this proceeding.
`
`
`
`
`
`2
`
`
`
`IPR2017-01818
`Patent 9,641,645 B2
`
`PETITIONER:
`Chun Ng
`Patrick McKeever
`Vinay Sathe
`Evan Day
`Miguel Bombach
`PERKINS COIE LLP
`cng@perkinscoie.com
`pmckeever@perkinscoie.com
`vsathe@perkinscoie.com
`eday@perkinscoie.com
`mbombach@perkinscoie.com
`
`
`
`PATENT OWNER:
`Chris Coulson
`Clifford Ulrich
`ANDREWS KURTH KENYON LLP
`ccoulson@kenyon.com
`culrich@kenyon.com
`
`
`3
`
`
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