`571-272-7822
`
`
`
`
`
`
`
`
`
`
`Paper No. 15
`Entered: March 12, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`
`
`
`TOMTOM, INC. and TOMTOM INTERNATIONAL, B.V.,
`Petitioner,
`
`v.
`
`SMART WEARABLE TECHNOLOGIES INC.,
`Patent Owner.
`_______________
`
`Case IPR2017-01826
`Patent 6,997,882 B1
`_______________
`
`ORDER
`
`Termination of the Proceeding Due to Settlement after Institution
`35 U.S.C. § 317 and 37 C.F.R. § 42.72
`
`
`
`Before PATRICK R. SCANLON, ZHENYU YANG, and
`TIMOTHY J. GOODSON, Administrative Patent Judges.
`
`YANG, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`IPR2017-01826
`Patent 6,997,882 B1
`
`
`
`
`With our authorization, the parties filed a Joint Motion to Terminate
`this proceeding pursuant to 35 U.S.C. § 317(a). Paper 14. In addition,
`pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), the parties filed a
`true and correct copy of a Settlement Agreement. Ex. 1009. The parties
`jointly requested that the Settlement Agreement as business confidential
`information, to be kept separate from the publicly available patent files.
`Paper 14, 2.
`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
`this chapter shall be terminated with respect to any petitioner upon the joint
`request of the petitioner and patent owner, unless the Office has decided the
`merits of the proceeding before the request for termination is filed.” In this
`case, the Board instituted trial on January 30, 2018. Paper 12. So far, Patent
`Owner has not filed its Patent Owner Response, and the Board has not
`decided the merits of the proceeding.
`Under 37 C.F.R. § 42.72, “[t]he Board may terminate a trial without
`rendering a final written decision, where appropriate, including . . . pursuant
`to a joint request under 35 U.S.C. 317(a).” After reviewing the Joint Motion
`to Terminate and the Settlement Agreement, we determine that it is
`appropriate to terminate the proceeding without rendering a final written
`decision. Therefore, the Joint Motion to Terminate is GRANTED.
`
`
`
`
`
`
`2
`
`
`
`
`
`
`IPR2017-01826
`Patent 6,997,882 B1
`
`
`
`
`Accordingly, it is
`ORDERED that the Joint Motion to Terminate is GRANTED and this
`proceeding is hereby TERMINATED; and
`FURTHER ORDERED that the Settlement Agreement will be treated
`as business confidential information, and will be kept separate from the
`patent files.
`
`
`PETITIONER:
`Michael E. Anderson
`Charles C. Carson
`BAKER & HOSTETLER LLP
`meanderson@bakerlaw.com
`ccarson@bakerlaw.com
`
`PATENT OWNER:
`Richard A. Wojcio, Jr.
`Friedman, Suder & Cooke
`wojcio@fsclaw.com
`
`3
`
`
`
`
`
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