`Tel: 571-272-7822
`
`
`
`
`Paper 7
`Entered: March 28, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`TRANSCORE, LP,
`Petitioner,
`
`v.
`
`AXCESS INTERNATIONAL, INC.,
`Patent Owner.
`____________
`
`Case IPR2018-00048
`Patent 7,286,158 B1
`____________
`
`
`Before TREVOR M. JEFFERSON, JASON W. MELVIN, and
`STACY B. MARGOLES, Administrative Patent Judges.
`
`MELVIN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Dismissing Petition
`37 C.F.R. § 42.71(a)
`
`
`
`
`Case IPR2018-00048
`Patent 7,286,158 B1
`
`
`Petitioner, TransCore, LP,1 filed a Petition to institute inter partes
`
`review of claims 1–5, 8–12, and 19–21 of U.S. Patent No. 7,286,158 B1
`
`pursuant to 35 U.S.C. § 311. Paper 1. Patent Owner, Axcess International,
`
`Inc., filed a Preliminary Response on January 18, 2018. Paper 5. On March
`
`23, 2018, the parties contacted the Board by email, seeking authorization to
`
`file a “Joint Motion to Terminate for IPR2018-00048” and permission to file
`
`the parties’ settlement agreement under seal. The Board instructed the
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`parties that they were authorized to file a motion to dismiss the petition and
`
`for the settlement agreement to be treated as business confidential
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`information and kept separate from the file of the involved patent. Ex. 1013.
`
`The parties filed a Joint Motion to Terminate Inter Partes Review.
`
`Paper 6. Because we have not instituted review, there is no IPR proceeding
`
`to terminate. Cf. 35 U.S.C. § 317 (applying to “[a]n inter partes review
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`instituted under this chapter”). We interpret the parties’ motion as a request
`
`to dismiss the Petition, as we authorized. We grant that request, as
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`authorized under 37 C.F.R. § 42.71(a). We also grant the request to treat the
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`settlement agreement filed as Exhibit 1014 as business confidential
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`information, as authorized under 37 C.F.R. § 42.74(c).
`
`Accordingly, it is:
`
`ORDERED that the Petition is dismissed; and
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`FURTHER ORDERED that the settlement agreement (Ex. 1014) be
`
`treated as business confidential information and be kept separate from the
`
`files of U.S. Patent No. 7,286,158 B1.
`
`
`
`
`1 TransCore identified Roper Technologies, Inc., as the real party in interest
`and identified TransCore as a wholly owned subsidiary of Roper. Paper 1,
`61.
`
`2
`
`
`
`Case IPR2018-00048
`Patent 7,286,158 B1
`
`PETITIONER:
`
`Glenn Snyder
`Robin C. Clark
`Glenn.Snyder@snyderllp.com
`Rob.Clark@snyderllp.com
`
`
`PATENT OWNER:
`
`Hao Ni
`Neal Massand
`Ni, Wang & Massand, PLLC
`hni@nilawfirm.com
`nmassand@nilawfirm.com
`
`3
`
`
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