`571-272-7822
`
` Paper 9
`Entered: January 5, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AVAGO TECHNOLOGIES U.S. INC. AND AVAGO TECHNOLOGIES
`WIRELESS (U.S.A.) MANUFACTURING INC.,
`Petitioner,
`
`v.
`
`INVENSAS CORP.,
`Patent Owner.
`____________
`
`Case IPR2018-00135
`Patent 6,972,480 B2
`____________
`
`Before MICHAEL R. ZECHER, LYNNE E. PETTIGREW, and
`KAMRAN JIVANI, Administrative Patent Judges.
`
`JIVANI, Administrative Patent Judge.
`
`SETTLEMENT
`Prior to Institution of Trial
`37 C.F.R. § 42.71(a)
`
`
`
`IPR2018-00135
`Patent 6,972,480 B2
`
`On December 21, 2017, the parties filed a joint motion to terminate,
`
`along with a true copy of their written agreements, including collateral
`
`agreements, made in connection with the termination of this proceeding, in
`
`accordance with 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Paper 6;
`
`Exs. 2001–2006 (collectively, “Agreements”). The parties request
`
`termination of the proceeding and state that the Agreements completely
`
`resolve their dispute relating to U.S. Patent No. 6,972,480 B2. Paper 6, 1.
`
`The parties jointly certify that there are no other agreements or
`
`understandings, oral or written, between them, including any collateral
`
`agreements, made in connection with, or in contemplation of, the
`
`termination of the present proceeding as set forth in 35 U.S.C. § 317(b). Id.
`
`at 2. The parties jointly request that the Agreements be treated as
`
`confidential business information under 35 U.S.C. § 317(b) and 37 C.F.R.
`
`§ 42.74(c). Id. at 3; Paper 7.
`
`This proceeding is at an early stage. Patent Owner has not filed a
`
`preliminary response. We have not entered a decision on whether to
`
`institute trial.
`
`Based on the facts of this proceeding, it is appropriate to terminate the
`
`proceeding without a final written decision. See 37 C.F.R. § 42.71(a).
`
`Accordingly, it is:
`
`ORDERED that the parties’ joint request that the Agreements be
`
`treated as business confidential information, to be kept separate from the
`
`patent file, is granted;
`
`FURTHER ORDERED that the joint motion to terminate the
`
`proceeding is granted; and
`
`FURTHER ORDERED that the proceeding is terminated.
`
`
`
`2
`
`
`
`IPR2018-00135
`Patent 6,972,480 B2
`
`FOR PETITIONER:
`
`Kristopher L. Reed
`Matthew C. Holohan
`KILPATRICK TOWNSEND & STOCKTON LLP
`kreed@kilpatricktownsend.com
`mholohan@kilpatricktownsend.com
`
`FOR PATENT OWNER:
`
`David A. Garr
`Andrea G. Reister
`Christopher K. Eppich
`Laura E. Muschamp
`COVINGTON & BURLING LLP
`dgarr@cov.com
`areister@cov.com
`ceppich@cov.com
`lmuschamp@cov.com
`
`
`
`3
`
`