`Tel: 571-272-7822
`
`Paper No. 12
`Entered: July 30, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`UNIFIED PATENTS INC.
`Petitioner,
`
`v.
`
`WIRELESS MONITORING SYSTEMS LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00027
`Patent 9,280,886 B2
`____________
`
`
`Before TREVOR M. JEFFERSON, BRIAN J. McNAMARA, and
`IRVIN E. BRANCH, Administrative Patent Judges.
`
`BRANCH, Administrative Patent Judge.
`
`JUDGMENT
`TERMINATION OF THE PROCEEDING
`35 U.S.C. § 317 and 37 C.F.R. § 42.72
`
`
`
`
`IPR2018-00027
`Patent 9,280,886 B2
`
`
`I. DISCUSSION
`On June 19, 2018, the Parties informed the Board via e-mail that they
`had reached a settlement and requested authorization to file a Joint Motion
`to Terminate the proceeding with respect to both the Patent Owner and the
`Petitioner. In an e-mail on June 21, 2018, the Board authorized the filing of
`the requested Joint Motion to Terminate this proceeding as to both parties.
`On July 3, 2018, the parties filed a Joint Motion to Dismiss and Terminate
`this proceeding (Paper 10), a true copy of the parties’ settlement agreement
`(Ex. 1012), and a Joint Request to File Settlement Agreement As Business
`Confidential Information Pursuant To 35 U.S.C. § 317(b)(Paper 11).
`On April 11, 2018, we entered a decision instituting an inter partes
`review of claims 1, 2, 4–6, 9, 10, 29, 35, 37–42, and 51–54 of U.S. Patent
`No. 9,280,886 B2 (Ex. 1001, “the ’886 patent”). Paper 8. Although we
`have instituted a trial, Patent Owner, Wireless Monitoring Systems LLC, has
`not filed a response to the Petition, nor has Petitioner, Unified Patents Inc.,
`filed a reply.
`In the Joint Motion to Terminate this proceeding, the parties indicate
`that they have settled their dispute regarding the ’886 patent. Paper 10, 1.
`The parties also represent that there are no other agreements, oral or written,
`between the parties made in connection with, or in contemplation of, the
`termination of the present proceeding and that Ex.1012 represents a true and
`accurate copy of the agreement between the parties that resolves the present
`proceeding. According to the parties, terminating this proceeding at this
`juncture would promote efficiency, preserve Board resources, and minimize
`unnecessary costs. Id. at 2–3. We agree with the parties in this regard.
`Consequently, we determine that it is appropriate to terminate the trial and
`
`2
`
`
`
`IPR2018-00027
`Patent 9,280,886 B2
`
`enter judgment1 without rendering a final written decision. See 37 C.F.R.
`§ 42.72.
`
`
`II. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the parties’ request to treat the settlement agreement
`(Ex. 1012) as business confidential information under 35 U.S.C. § 317(b)
`and 37 C.F.R. § 42.74(c) is GRANTED; and
`FURTHER ORDERED that the Joint Motion to Terminate this
`proceeding is GRANTED, and this proceeding is hereby terminated.
`
`
`
`
`1A judgment means a final written decision by the Board, or a termination of
`a proceeding. 37 C.F.R. § 42.2.
`
`3
`
`
`
`IPR2018-00027
`Patent 9,280,886 B2
`
`For PETITIONER:
`
`David L. Cavanaugh
`Evelyn C. Mak
`Daniel Williams
`WILMER CUTLER PICKERING HALE AND DORR LLP
`David.Cavanaugh@wilmerhale.com
`Evelyn.Mak@wilmerhale.com
`Daniel.Williams@wilmerhale.com
`
`Roshan Mansinghani
`Jonathan Stroud
`UNIFIED PATENTS INC.
`roshan@unifiedpatents.com
`jonathan@unifiedpatents.com
`
`For PATENT OWNER:
`
`Richard A. Baker
`Bradley D. Liddle
`NEW ENGLAND INTELLECTUAL PROPERTY, LLC
`rbaker@newenglandip.com
`bdliddle@gmail.com
`
`4
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