`571-272-7822
`
`Paper No. 10
`Entered: January 19, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CISCO SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`HUAWEI TECHNOLOGIES CO. LTD.,
`Patent Owner.
`____________
`
`Case IPR2017-02076
` Case IPR2017-020771
`Patent 8,531,971 B2
`____________
`
`Before PATRICK M. BOUCHER, JENNIFER MEYER CHAGNON, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`BOUCHER, Administrative Patent Judge.
`
`DECISION
`Joint Motions to Terminate Proceedings
`35 U.S.C. § 317, 37 C.F.R. § 42.74
`
`
`
`
`
`
`1 The parties are not authorized to use this style of caption.
`
`
`
`IPR2017-02076
`IPR2017-02077
`Patent 8,531,971 B2
`
`
`
`
`
`Pursuant to our authorization, the parties filed Joint Motions to Terminate
`each of the captioned proceedings on January 18, 2018. Paper 8.2 The parties
`represent that they “have executed a settlement agreement that resolves all of their
`disputes concerning the ’971 Patent.” Id. at 1. With each of their Motions to
`Terminate, the parties filed what they represent is a “true and correct copy of that
`settlement agreement [as] Exhibit No. 1100.” Id. at 2. The parties additionally
`represent that “the document filed as Exhibit 1100 represents all agreements made
`in connection with, or in contemplation of, the termination of this proceeding” and
`that “[a]ll such agreements have been filed with the Board as required by
`[35 U.S.C.] § 317 and 37 C.F.R. § 42.74(b).” Id. The parties also request “that the
`settlement agreement be treated as business confidential information, be kept
`separate from the file of the involved patent[], and be made available only to
`Federal Government agencies on written request, or to any person on a showing of
`good cause pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).” Id.
`The Office has not yet decided whether to institute these proceedings. We
`determine that good cause exists to terminate the proceedings with respect to all
`parties. After reviewing the parties’ settlement agreement, we find that the
`settlement agreement contains confidential business information regarding the
`terms of settlement. We determine that good cause exists to treat the settlement
`agreement as business confidential information pursuant to 35 U.S.C. § 317(b).
`
`
`
`
`
`
`2 Citations are to IPR2017-02076.
`
`2
`
`
`
`
`
`
`
`
`IPR2017-02076
`IPR2017-02077
`Patent 8,531,971 B2
`
`
`It is
`ORDERED that the joint Motions to Terminate are granted;
`FURTHER ORDERED that these proceedings are hereby terminated as to
`both Petitioner and Patent Owner; and
`FURTHER ORDERED that the filed settlement agreement (Ex. 1100 in both
`proceedings) be treated as business confidential information pursuant to 35 U.S.C.
`§ 317(b) and 37 C.F.R. § 42.74(c), and also remain designated as “Parties and
`Board Only” in PTAB E2E.
`
`
`
`
`
`
`3
`
`
`
`
`
`
`
`
`IPR2017-02076
`IPR2017-02077
`Patent 8,531,971 B2
`
`PETITIONER
`
`Lori A. Gordon
`Daniel S. Block
`Tyler J. Dutton
`STERNE, KESSLER, GOLDSTEIN & FOX
`lgordon-ptab@skgf.com
`dblock-ptab@skfg.com
`tdutton-ptab@skgf.com
`
`
`PATENT OWNER
`
`Michael Hawkins
`Walter Renner
`Dan Smith
`Stuart Nelson
`Jun Li
`Fish & Richardson P.C.
`hawkins@fr.com
`axf-ptab@fr.com
`dsmith@fr.com
`snelson@fr.com
`li@fr.com
`
`
`
`
`4
`
`
`
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