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`Trials@uspto.gov
`Entered: January 14, 2019
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`571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`NITTO DENKO CORP.,
`Petitioner,
`
`v.
`
`HUTCHINSON TECHNOLOGY INC.,
`Patent Owner.
`
`
` IPR2018-00954 (Patent 7,342,750)1
`IPR2018-00955 (Patent 6,965,499)
`IPR2018-00956 (Patent 6,965,499)
`IPR2018-01043 (Patent 5,959,807)
`
`
`Before CHRISTOPHER L. CRUMBLEY, SHEILA F. McSHANE,
`STACY B. MARGOLIES, and ALEX S. YAP, Administrative Patent
`Judges.2
`
`PER CURIAM.
`
`
`SETTLEMENT
`After Institution of Trial
`35 U.S.C. § 317; 37 C.F.R. § 42.74
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`
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`1 This Order applies to each of the above-listed proceedings. We exercise
`our discretion to issue one Order to be filed in each proceeding. The parties
`are not authorized to use this heading style in any subsequent papers.
` This is not an expanded panel of the Board. It is a listing of all Judges on
`the panels of the above-listed proceedings.
`
` 2
`
`
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`IPR2018-00954 (Patent 7,342,750)
`IPR2018-00955 (Patent 6,965,499)
`IPR2018-00956 (Patent 6,965,499)
`IPR2018-01043 (Patent 5,959,807)
`
`On January 11, 2019, the parties filed Joint Motions to Terminate
`
`pursuant to 35 U.S.C. § 317 in each of the above-captioned cases. IPR2018-
`00954, Paper 10 (“Mot.”)3; IPR2018-00955, Paper 10; IPR2018-00956,
`Paper 10; IPR2018-01043, Paper 10. In addition, pursuant to 35 U.S.C.
`§ 317(b) and 37 C.F.R. § 42.74(c), Petitioner filed a copy of a Settlement
`Agreement, and a related agreement, along with Joint Requests That the
`Parties’ Agreements Be Treated As Business Confidential Information,
`requesting that the agreements be kept separate from the patent file in each
`of the above captioned cases and be treated as business confidential
`information. IPR2018-00954, Paper 11; IPR2018-00955, Paper 11;
`IPR2018-00956, Paper 11; IPR2018-01043, Paper 11.
`In the IPR2018-00954, IPR2018-00955, IPR2018-00956, and
`IPR2018-01043 cases, the Board has instituted review, but has not yet issued
`a final written decision. The parties indicate that terminations of the
`proceedings are appropriate because a settlement has been reached disposing
`of related disputes. Mot. 1. The parties represent that all disputes have been
`settled, agreements have been executed authorizing the requests for
`termination, and all related settlement agreements have been filed. Id. at 2–
`3.
`
`Under these circumstances, we determine that it is appropriate to
`terminate each case without rendering a final written decision. 37 C.F.R.
`§ 42.74. Therefore, the Joint Motions to Terminate are granted.
`
`
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`3 Further citations are to IPR2018-00954 as representative.
`
`2
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`
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`IPR2018-00954 (Patent 7,342,750)
`IPR2018-00955 (Patent 6,965,499)
`IPR2018-00956 (Patent 6,965,499)
`IPR2018-01043 (Patent 5,959,807)
`
`
`
`Accordingly, it is
`ORDERED that the parties’ requests that the Settlement Agreement
`and related agreement be treated as business confidential information, to be
`kept separate from the patent file, are granted;
`FURTHER ORDERED that the Joint Motions to Terminate are
`granted; and
`FURTHER ORDERED that the proceedings are terminated.
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`3
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`IPR2018-00954 (Patent 7,342,750)
`IPR2018-00955 (Patent 6,965,499)
`IPR2018-00956 (Patent 6,965,499)
`IPR2018-01043 (Patent 5,959,807)
`
`
`
`PETITIONER:
`
`Alex V. Chachkes
`K. Patrick Herman
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`A34PTABDocket@orrick.com
`P52PTABDocket@orrick.com
`
`
`PATENT OWNER:
`
`Jennifer Hayes
`Daniel J. Burnham
`Matthew Werber
`NIXON PEABODY LLP
`jenhayes@nixonpeabody.com
`dburnham@nixonpeabody.com
`mwerber@nixonpeabody.com
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`4
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