`Trials@uspto.gov
`571-272-7822 Entered: August 22, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DIODES INCORPORATED,
`Petitioner,
`
`v.
`
`NORTH PLATE SEMICONDUCTOR, LLC,
`Patent Owner.
`____________
`
`Case IPR2018-01196
`Patent 7,564,097 B2
`____________
`
`
`
`Before KEN B. BARRETT, KIMBERLY McGRAW, and
`KAMRAN JIVANI, Administrative Patent Judges.
`
`BARRETT, Administrative Patent Judge.
`
`
`
`
`ORDER
`Dismissing Petition Pursuant to Settlement
`37 C.F.R. §§ 42.71(a), 42.74
`
`
`
`IPR2018-01196
`Patent 7,564,097 B2
`
`The parties filed a “Joint Motion to Terminate under 35 U.S.C.
`
`§ 317(a) and 37 C.F.R. §§ 42.72 and 42.74 and Joint Request to Keep Papers
`Separate as Business Confidential Information under 35 U.S.C. § 317(b) and
`37 C.F.R. § 42.74(c).” Paper 7. The parties also filed under seal a copy of a
`written settlement agreement. Exhibit 2007.
`
`Patent Owner has filed a Preliminary Response in this case, but the
`Board has not yet issued an institution decision. The parties represent that
`their settlement agreement resolves all underlying disputes with respect to
`the challenged patent. Paper 7, 2. Under these circumstances, we determine
`that it is appropriate to dismiss the Petition. See 37 C.F.R. §§ 42.5(a),
`42.71(a). After reviewing the parties’ settlement agreement, we find that the
`settlement agreement contains confidential business information regarding
`the terms of settlement and good cause exists to treat the settlement
`agreement as business confidential information pursuant to 35 U.S.C.
`§ 317(b).
`
`This paper does not constitute a final written decision pursuant to 35
`U.S.C. § 318(a).
`
`Accordingly, it is
`
`ORDERED that the Petition is dismissed;
`
`FURTHER ORDERED that the parties’ settlement agreement
`(Exhibit 2007) shall be treated as business confidential information and kept
`separate from the files of U.S. Patent No. 7,564,097 and remain designated
`as “Parties and Board Only.”
`
`
`
`2
`
`
`
`IPR2018-01196
`Patent 7,564,097 B2
`
`
`For PETITIONER:
`Darren M. Franklin
`Scott R. Miller
`dfranklin@sheppardmullin.com
`smiller@sheppardmullin.com
`
`For PATENT OWNER:
`Zachary D. Silbersher
`Sergey Kolmykov
`zsilbersher@kskiplaw.com
`skolmykov@kskiplaw.com
`
`3
`
`
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