`571-272-7822
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` Paper No. 9
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` Entered: October 16, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LG ELECTRONICS, INC., LG ELECTRONICS U.S.A., INC.,
`LG ELECTRONICS MOBILECOMM U.S.A. INC., LG ELECTRONICS
`MOBILE RESEARCH U.S.A. LLC, AND LG ELECTRONICS
`ALABAMA, INC.,
`Petitioner,
`
`v.
`
`FUNDAMENTAL INNOVATION SYSTEMS INTERNATIONAL, LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00676
`Patent 7,791,319 B2
`____________
`
`
`
`Before BRYAN F. MOORE, JON B. TORNQUIST, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
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`
`
`ORDER
`Dismissing the Petition Pursuant to Settlement
`37 C.F.R. §§ 42.71(a), 42.74
`
`
`
`IPR2018-00676
`Patent 7,791,319 B2
`
`On October 15, 2018, pursuant to Board authorization, Petitioner and
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`Patent Owner filed a joint motion to dismiss the proceeding1 in the
`proceeding identified in the caption. Paper 7. Along with the motion, the
`parties filed a copy of a document they describe as a settlement agreement
`and email correspondence regarding the settlement agreement (Paper 7, 2;
`Exs. 2025, 2026), as well as a joint request to treat the settlement agreement
`and email regarding the settlement agreement as business confidential
`information. Papers 7, 8; see 37 C.F.R. § 42.74(c) (a party to a settlement
`may request that the settlement agreement be treated as business confidential
`and be kept separate from the patent file).
`
`The case is in a preliminary stage. The Board has not yet issued
`decisions on whether to institute the proceeding. The parties state in the
`joint motion that they have settled their dispute and have reached agreement
`to terminate these inter partes reviews. Paper 7, 2. We are persuaded that,
`under these circumstances, it is appropriate to dismiss the Petition in the
`proceeding. 37 C.F.R. § 42.71(a). This Order does not constitute a final
`written decision pursuant to 35 U.S.C. § 318(a).
`
`It is therefore
`ORDERED that the joint motion is granted and the Petition is
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`dismissed in this proceeding; and
`
`
`1 Because this case has not yet been instituted, we treat this motion as
`requesting dismissal of the Petition.
`
`2
`
`
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`IPR2018-00676
`Patent 7,791,319 B2
`
`
`FURTHER ORDERED that the joint request that the settlement
`agreement (Ex. 2025) and email correspondence regarding the settlement
`agreement (Ex. 2026) be treated as business confidential information, to be
`kept separate from the patent file, is granted in this proceeding.
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`3
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`
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`IPR2018-00676
`Patent 7,791,319 B2
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`PETITIONER:
`
`David L. McCombs
`David M. ODell
`Gregory P. Huh
`Calmann Clements
`HAYNES AND BOONE, LLP
`david.mccombs.ipr@haynesboone.com
`david.odell.ipr@haynesboone.com
`gregory.huh.ipr@haynesboone.com
`calmann.clements.ipr@haynesboone.com
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`PATENT OWNER:
`
`Hong Zhong
`Michael Fleming
`IRELL & MANELLA LLP
`hzhong@irell.com
`mfleming@irell.com
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`4
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