`Trials@uspto.gov
`Entered: October 2, 2018
`Tel: 571.272.7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`HYUNDAI MOTOR COMPANY,
`Petitioner,
`v.
`MICHIGAN MOTOR TECHNOLOGIES LLC,
`Patent Owner.
`
`Case IPR2018-01061
`Patent 6,557,540 B11
`
`Before NEIL T. POWELL, BARBARA A. PARVIS,
`MICHAEL L. WOODS, and SCOTT B. HOWARD,
`Administrative Patent Judges.2
`
`PARVIS, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1 This Order addresses the same issue in the inter partes reviews listed in the
`Appendix. We exercise our discretion to issue one Order to be docketed in
`each case. The parties, however, are not authorized to use this style of filing
`in subsequent papers, without prior authorization.
`2 This is not an order from an expanded panel of the Board. Judges Parvis,
`Woods, and Howard are paneled on IPR2018-01061, -01064, -01073,
`-01075, and -01077. Judges Powell, Parvis, and Woods are paneled on
`IPR2018-01074 and -01078. Judges Powell, Woods, and Howard are
`paneled on IPR2018-01063, -01065, and -01072.
`
`
`
`IPR2018-01061
`Patent 6,557,540 B1
`
`ORDER
`Granting Joint Motions and Dismissing Proceedings
`37 C.F.R. §§ 42.71(a), 42.72, 42.74
`
`
`Hyundai Motor Company (“Petitioner”) filed Petitions to institute
`inter partes reviews of certain claims of each of the challenged patents listed
`in the Appendix. Pursuant to 35 U.S.C. § 317, Petitioner and Michigan
`Motor Technologies LLC (“Patent Owner”) filed a joint motion to terminate
`in each of the instant proceedings. See, e.g., IPR2018-01061, Paper 5.3
`Along with each joint motion, the parties filed a Settlement Agreement. See,
`e.g., IPR2018-01061, Ex. 1035. The parties also filed in each case a joint
`request that the settlement agreement be treated as business confidential
`information pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). See,
`e.g., IPR2018-01061, Paper 6. We authorized the above filings on
`September 24, 2018.
`The parties represent that they have settled their disputes with respect
`to each of the challenged patents and memorialized their settlement in the
`written agreement submitted in each case. See, e.g., IPR2018-01061, Paper
`5. The parties state that they have agreed to settle and dismiss their related,
`co-pending district court lawsuit and have filed a joint stipulation requesting
`dismissal, with prejudice. Id. On this record, no motion by any third party
`for joinder with these proceedings is pending.
`The instant proceedings are still at a preliminary stage. The Board has
`not yet instituted any trial. Upon consideration of the facts before us, we
`determine that it is appropriate to dismiss the petitions and the proceedings
`
`
`3 We cite to IPR2018-01061 herein, except as noted. The paper numbers
`and exhibit numbers for the other proceedings are listed in the Appendix.
`
`2
`
`
`
`IPR2018-01061
`Patent 6,557,540 B1
`with respect to both parties. See 37 C.F.R. § 42.71(a). Therefore, the joint
`motions are granted. This paper does not constitute a final written decision
`pursuant to 35 U.S.C. § 318(a).
`
`ORDER
`For the foregoing reasons, it is:
`ORDERED that the parties’ joint request in each proceeding that the
`settlement agreement (IPR2018-01061, Ex. 1035; IPR2018-01063,
`Ex. 1015; IPR2018-01064, Ex. 1024; IPR2018-01065, Ex. 1036; IPR2018-
`01072, Ex. 1019; IPR2018-01073, Ex. 1021; IPR2018-01074, Ex. 1016;
`IPR2018-01075, Ex. 1021; IPR2018-01077, Ex. 1010; IPR2018-01078, Ex.
`1026) be treated as business confidential information and be kept separate
`from the patent file is granted; and
`FURTHER ORDERED that the joint motions in the IPR2018-01061,
`Paper 5; IPR2018-01063, Paper 5; IPR2015-01064, Paper 6; IPR2018-
`01065, Paper 5; IPR2018-01072, Paper 5; IPR2018-01073, Paper 5;
`IPR2018-01074, Paper 5; IPR2018-01075, Paper 5; IPR2018-01077, Paper
`5; IPR2018-01078, Paper 5 proceedings are granted and each of the
`proceedings is dismissed.
`
`
`
`
`
`3
`
`
`
`IPR2018-01061
`Patent 6,557,540 B1
`PETITIONER:
`
`Brian C. McCormack
`Matt Dushek
`BAKER & MCKENZIE LLP
`brian.mccormack@bakermckenzie.com
`matt.dushek@bakermckenzie.com
`
`PATENT OWNER:
`
`Timothy Devlin
`DEVLIN LAW FIRM LLC
`tdevlin@devlinlawfirm.com
`
`4
`
`
`
`IPR2018-01061
`Patent 6,557,540 B1
`
`APPENDIX
`
`Inter Partes
`Review
`
`U.S. Patent
`No.
`
`Joint
`Motion
`
`IPR2018-
`01061
`IPR2018-
`01063
`IPR2018-
`01064
`IPR2018-
`01065
`IPR2018-
`01072
`IPR2018-
`01073
`IPR2018-
`01074
`IPR2018-
`01075
`IPR2018-
`01077
`IPR2018-
`01078
`
`6,557,540
`B1
`7,487,761
`B1
`6,581,574
`B1
`6,757,149
`B2
`6,988,031
`B2
`6,571,157
`B1
`6,644,155
`B2
`6,561,166
`B2
`7,143,501
`B2
`7,116,081
`B2
`
`Paper No.
`5
`Paper No.
`5
`Paper No.
`6
`Paper No.
`5
`Paper No.
`5
`Paper No.
`5
`Paper No.
`5
`Paper No.
`5
`Paper No.
`5
`Paper No.
`5
`
`Joint
`Request
`
`Paper No.
`6
`Paper No.
`6
`Paper No.
`7
`Paper No.
`6
`Paper No.
`6
`Paper No.
`6
`Paper No.
`6
`Paper No.
`6
`Paper No.
`6
`Paper No.
`6
`
`Agreement
`
`
`Ex. 1035
`
`Ex. 1015
`
`Ex. 1024
`
`Ex. 1036
`
`Ex. 1019
`
`Ex. 1021
`
`Ex. 1016
`
`Ex. 1021
`
`Ex. 1010
`
`Ex. 1026
`
`
`
`
`
`
`
`5
`
`
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