`571.272.7822
`
` Paper No. 10
` Entered: October 15, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DIAMOND OFFSHORE DRILLING, INC., AND
`DIAMOND OFFSHORE COMPANY,
`Petitioner,
`
`v.
`
`TRANSOCEAN OFFSHORE DEEPWATER DRILLING INC.,
`Patent Owner.
`____________
`
`IPR2018-01174 (Patent 6,047,781)
`IPR2018-01175 (Patent 6,068,069)
`IPR2018-01176 (Patent 6,085,851)
`IPR2018-01177 (Patent 6,056,071)
`____________
`
`Before WILLIAM V. SAINDON and TIMOTHY J. GOODSON,
`Administrative Patent Judges.
`
`PER CURIAM.
`
`ORDER
`Granting Joint Motion to Terminate Proceeding Due to
`Settlement before Institution and
`Granting Joint Request to Treat Settlement Agreement as
`Business Confidential Information
`37 C.F.R. § 42.74
`
`
`
`IPR2018-01174 (Patent 6,047,781)
`IPR2018-01175 (Patent 6,068,069)
`IPR2018-01176 (Patent 6,085,851)
`IPR2018-01177 (Patent 6,056,071)
`
`INTRODUCTION
`I.
`Petitioner and Patent Owner (collectively referred to as “the Parties”)
`have requested that the above-identified inter partes review proceedings be
`terminated pursuant to a settlement. On September 27, 2018, we authorized
`the Parties to file joint motions to terminate the proceedings. On September
`27, 2018, the Parties filed Joint Motions to Terminate the above-identified
`proceedings (collectively “Joint Motions”). Paper 9.1 Along with the Joint
`Motions, the Parties filed copies of a Confidential Settlement and License
`Agreement (“Settlement Agreement”) (Ex. 1061),2 as well as Joint Requests
`to Treat the Settlement Agreement as Business Confidential Information
`pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) (collectively “Joint
`Requests”) (Paper 10).3
`
`DISCUSSION
`II.
`In the Joint Motions, the Parties represent that they have reached an
`agreement to jointly seek termination of the above-identified inter partes
`review proceedings, and that the filed copies of the Settlement Agreement
`are true and complete copies. Paper 9, 2. The Parties further represent that
`their Settlement Agreement resolves all currently pending Patent Office and
`District Court proceedings between the Parties involving the above-
`
`1 For purposes of expediency, we cite to the paper filed in IPR2018-01174.
`Similar papers were filed in IPR2018-01175 (Paper 8), IPR2018-01176
`(Paper 6), and IPR2018-01177 (Paper 6).
`2 The Parties also filed copies of the Settlement Agreement in IPR2018-
`01175 (Ex. 1061), IPR2018-01176 (Ex. 1061), and IPR2018-01177
`(Ex. 1061).
`3 The Parties filed similar Joint Requests in IPR2018-01175 (Paper 9),
`IPR2018-01176 (Paper 7), and IPR2018-01177 (Paper 7).
`
`2
`
`
`
`IPR2018-01174 (Patent 6,047,781)
`IPR2018-01175 (Patent 6,068,069)
`IPR2018-01176 (Patent 6,085,851)
`IPR2018-01177 (Patent 6,056,071)
`
`identified patents at issue. Id.
`These proceedings are at an early stage, and we have not yet decided
`whether to institute a trial in any of these proceedings. In view of the early
`stage of these proceedings and the settlement between the Parties, we
`determine that good cause exists to terminate these proceedings with respect
`to the Parties.
`The Parties also filed Joint Requests that the Settlement Agreement be
`treated as business confidential information and be kept separate from the
`file of the respective patents involved in these inter partes proceedings.
`Paper 10, 2. After reviewing the Settlement Agreement between Petitioner
`and Patent Owner, we find that the Settlement Agreement contains
`confidential business information regarding the terms of settlement. We
`determine that good cause exists to treat the Settlement Agreement between
`Petitioner and Patent Owner as business confidential information pursuant to
`37 C.F.R. § 42.74(c).
`This Order does not constitute a final written decision pursuant to 35
`U.S.C. § 318(a).
`
`III. ORDER
`Accordingly, for the reasons discussed above, it is:
`ORDERED that the Joint Motions to Terminate are granted, and
`IPR2018-01174, IPR2018-01175, IPR2018-01176, and IPR2018-01177 are
`terminated;
`FURTHER ORDERED that the Joint Requests to Treat the Settlement
`Agreement as Business Confidential Information are granted, and the
`Settlement Agreement shall be kept separate from the files of Patent
`
`3
`
`
`
`IPR2018-01174 (Patent 6,047,781)
`IPR2018-01175 (Patent 6,068,069)
`IPR2018-01176 (Patent 6,085,851)
`IPR2018-01177 (Patent 6,056,071)
`
`6,047,781, Patent 6,068,069, Patent 6,085,851, and Patent 6,056,071 and
`made available only to Federal Government agencies on written request, or
`to any person on a showing of good cause, pursuant to 37 C.F.R. § 42.74(c).
`
`PETITIONER:
`
`Matthew Reeves
`mreeves@lockelord.com
`
`PATENT OWNER:
`Dion Bregman
`dion.bregman@morganlewis.com
`
`Bradford Cangro
`bradford.cangro@morganlewis.com
`
`4
`
`
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