throbber
Trials@uspto.gov
`571-272-7822
`
`
` Paper No. 11
`
`Entered: August 3, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`KALDREN, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-02195
`Patent 6,820,807 B1
`____________
`
`
`
`
`Before MICHAEL R. ZECHER, DAVID C. McKONE, and
`SCOTT E. BAIN, Administrative Patent Judges.
`
`BAIN, Administrative Patent Judge.
`
`
`
`
`
`
`DECISION
`Termination of the Proceeding
`35 U.S.C. § 42.72 and 42.74
`
`
`
`
`
`
`

`

`IPR2017-02195
`Patent 6,820,807 B1
`
`
`I. DISCUSSION
`
`The parties to this proceeding, Unified Patents Inc. (“Petitioner”) and
`Kaldren, LLC (“Patent Owner”), have filed a “Joint Motion to Terminate
`Inter Partes Review of U.S. Patent 6,820,807 Under 37 C.F.R. § 42.72”
`(“Joint Motion to Terminate”). Paper 9. The parties also have filed a
`written copy of their settlement agreement (Ex. 1039) and a “Joint Request
`to Keep Confidential and Separate Under 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.72(c)” the settlement agreement, as business confidential information
`(Paper 10).
`In the Joint Motion to Terminate, the parties represent that their
`confidential settlement agreement “fully resolves this matter.” Paper 9, 1.
`The parties further represent that the only pending litigation involving U.S.
`Patent No. 6,820,807 (“the ’807 patent”) is Kaldren LLC v. Kik US, Inc., No.
`1-17-c-00752 (D. Del.), and in that case the parties have “filed a motion to
`stay pending filing of a motion to dismiss pursuant to a settlement
`agreement.” Paper 9, 3. The parties observe that, although the Board
`instituted inter partes review in this proceeding (Paper 7), the Board has not
`yet “decided the merits of the proceeding” and there are no other pending
`[United States Patent and Trademark Office] proceedings regarding the ’807
`patent. Paper 9, 3.
`Under these circumstances, we determine that it is appropriate to
`terminate this proceeding without rendering any further decision. See 37
`C.F.R. § 42.72.
`
`II. ORDER
`
`In consideration of the foregoing, it is hereby:
`
`2
`
`

`

`IPR2017-02195
`Patent 6,820,807 B1
`
`
`ORDERED that the Joint Request to Keep Confidential and Separate
`Under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.72(c) (Paper 10) is granted;
`and
`
`FURTHER ORDERED the Joint Motion to Terminate (Paper 9) is
`granted, and this proceeding is hereby terminated.
`
`
`3
`
`

`

`IPR2017-02195
`Patent 6,820,807 B1
`
`For PETITIONER:
`Jason R. Mudd
`Eric A. Buresh
`ERISE IP, P.A.
`jason.mudd@eriseip.com
`eric.buresh@eriseip.com
`
`Ashraf A. Fawzy
`Roshan Mansinghani
`UNIFIED PATENTS INC.
`afawzy@unifiedpatents.com
`roshan@unifiedpatents.com
`
`For PATENT OWNER:
`
`Gary Sorden
`Kirby B. Drake
`KLEMCHUK LLP
`gary.sorden@klemchuk.com
`kirby.drake@klemchuk.com
`
`
`
`4
`
`

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