`571-272-7822
`
`
`
`
`Paper 8
`Entered: December 26, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`DTS, INC. AND PHORUS, INC.,
`Petitioner,
`
`v.
`
`AVAGO TECHNOLOGIES GENERAL IP (SINGAPORE) PTE. LTD.,
`Patent Owner.
`____________
`
`Case IPR2017-02201
`Patent 6,684,060 B1
`____________
`
`
`
`Before ROBERT J. WEINSCHENK, DANIEL J. GALLIGAN, and
`SHEILA F. MCSHANE, Administrative Patent Judges.
`
`GALLIGAN, Administrative Patent Judge.
`
`
`
`
`DECISION
`Dismissal of Petition and Termination of the Proceeding
`37 C.F.R. §§ 42.71(a), 42.74
`
`
`
`
`
`
`
`
`
`IPR2017-02201
`Patent 6,684,060 B1
`
`INTRODUCTION
`I.
`The parties filed a Joint Motion to Terminate pursuant to 35 U.S.C.
`§ 317 and 37 C.F.R. §§ 42.72 and 42.74. Paper 7 (“Mot.”). The parties also
`filed what they indicate are true copies of a Settlement Agreement and
`various related agreements. Exs. 2001–2006 (“Agreements”). In a Joint
`Request, the parties identified the Agreements as business confidential
`information and requested that the Agreements be kept separate from the
`patent file. Paper 6 (“Joint Request”).
`II. ANALYSIS
`Although the parties move to terminate pursuant to 35 U.S.C. § 317
`and 37 C.F.R. § 42.72, these sections relate, respectively, to termination of
`“[a]n inter partes review instituted under this chapter” and to termination of
`“trial,” which “means a contested case instituted by the Board based upon a
`petition.” 35 U.S.C. § 317; 37 C.F.R. §§ 42.2, 42.72. This proceeding is in
`the preliminary stage, and no decision whether to institute a trial has been
`made. As such, we treat the parties’ request as seeking dismissal of the
`Petition to thereby terminate the proceeding.
`The parties indicate that they have settled their disputes regarding
`U.S. Patent No. 6,684,060 B1. Mot. 3–4. The parties represent that “there
`are no other agreements or understandings, oral or written, between DTS and
`Avago, including any collateral agreements, made in connection with, or in
`contemplation of, the termination of the present proceeding.” Mot. 3.
`Under these circumstances, we determine that it is appropriate to dismiss the
`Petition (Paper 1) and terminate this proceeding. See 37 C.F.R. §§ 42.71(a),
`42.74(a). We also determine that it is appropriate to treat the Agreements as
`
`2
`
`
`
`IPR2017-02201
`Patent 6,684,060 B1
`business confidential information to be kept separate from the patent file.
`See 37 C.F.R. § 42.74(c).
`
`III. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the Petition is dismissed and this proceeding is
`terminated as to all parties; and
`FURTHER ORDERED that the Joint Request to treat the Agreements
`(Ex. 2001–2006) as business confidential information to be kept separate
`from the patent file is granted.
`
`
`PETITIONER:
`Christopher Eppich
`Laura Muschamp
`Andrea G. Reister
`David Garr
`COVINGTON & BURLING LLP
`ceppich@cov.com
`lmuschamp@cov.com
`areister@cov.com
`dgarr@cov.com
`
`PATENT OWNER:
`
`Kristopher L. Reed
`Matthew C. Holohan
`KILPATRICK TOWNSEND & STOCKTON LLP
`kreed@kilpatricktownsend.com
`mholohan@kilpatricktownsend.com
`
`
`
`
`3
`
`
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