`571-272-7822
`
`
`
`
`Paper 15
`Entered: June 22, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FUJIAN SANA GROUP CO, LTD.,
`Petitioner,
`
`v.
`
`NICHIA CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2018-00547
`Patent 8,120,057 B2
`____________
`
`
`
`
`
`Before WILLIAM V. SAINDON, STACEY G. WHITE, and
`NATHAN A. ENGELS, Administrative Patent Judges.
`
`
`ENGELS, Administrative Patent Judge.
`
`
`
`
`
`
`
`DECISION
`Termination of the Proceeding Upon Settlement Prior to Institution
`37 C.F.R. §§ 42.71(a), 42.74
`
`
`
`
`
`
`
`IPR2018-00547
`Patent 8,120,057 B2
`
`I.
`
`INTRODUCTION
`
`The parties filed a Joint Motion to Terminate Proceeding Pursuant to
`
`35 U.S.C. § 317. Paper 12 (“Mot.”). The parties also filed what they
`
`indicate is a true and correct copy of a Settlement Agreement (Ex. 2007)
`
`(“Agreement”) and a Joint Request to File Settlement Agreement as
`
`Business Confidential Information Pursuant to 35 U.S.C. § 317 (Paper 13)
`
`(“Joint Request”).
`
`II. ANALYSIS
`
`The parties indicate that they have settled their dispute and “request
`
`that the Board terminate this inter partes review proceeding in its entirety”
`
`pursuant to 35 U.S.C. § 317. Mot. 3. Section 317(a), however, relates to
`
`termination of “[a]n inter partes review instituted under this chapter.” 35
`
`U.S.C. § 317 (emphasis added). As recognized in the motion, this
`
`proceeding is in the preliminary stage, and no decision has been made
`
`regarding whether to institute an inter partes review. As such, we treat the
`
`parties’ request as seeking settlement of the proceeding under 37 C.F.R.
`
`§ 42.74.
`
`Under these circumstances, we determine that it is appropriate to
`
`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 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 proceeding is terminated; and
`
`2
`
`
`
`IPR2018-00547
`Patent 8,120,057 B2
`
`FURTHER ORDERED that the Joint Request to treat the Agreements
`
`(Ex. 2007) as business confidential information to be kept separate from the
`
`patent file is granted.
`
`
`
`
`PETITIONER:
`
`
`
`Kia Freeman
`kfreeman@mccarter.com
`
`Brian Lemon
`blemon@mccarter.com
`
`
`
`PATENT OWNER:
`
`
`
`Catherine Nyarady
`cnyarady@paulweiss.com
`
`David Cole
`dcole@paulweiss.com
`
`
`
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
