`
`ShappardMuIlin
`
`$13111 5133;"5'3’eflfisfififll’“ ”F
`Los Angeles, California 9007141422
`213.620.1730 main
`213.620.1393 fax
`wwweheppardmullinmm
`
`FAX COVER SHEET
`
`“'- THIS FAX TRANSMISSION WILL NOT BE MAILED '""
`
`Date:
`
`
`
`
`
`_September11, 2013 File Number: OMK-Q'F5474
`
`4
`
`'
`
`if all pages are not received, please call
`Total number of pages:
`(including 1 -pege cover sheet)
`_
`Ken-y S. Tuszynski et 21361-34188
`
`3
`Fax No.
`Teleghnne No.
`'
`.
`Finance Sewicee
`7
`
`USPTO 571-2?2—6500 - ‘ 5?1-273—6500
`
`
`
`
`
`
`From:
`
`
`Kerry 3. Tuszyneki
`
`Re:
`
`Deposit Aceount 50-4551. Refund of $15,000 for REF TEXT: lPR2018-01196
`.0610512018-Fee Code: 1414
`
`
`MESSAGE:
`
`Dear Site,
`
`Please provide a refund of the inter partes review post-institution fée of $15,000 as it was
`ordered that our Petition was dismissed pursuant to settlement.-
`-
`
`Attached is the DECISION (Paper No. 8) of the Order Diemissing Petition Pursuant to
`Settlement.
`
`Thank you.
`
`Kerry 3. Tuszynelti
`Legal Secretary
`.fiTuezynekifielLepgardmultlngem
`
`Sheppardltllullin'
`Sheppard Mullin Richter 8. Hampton LLF‘
`333 South Hope Street, 43rd Floor
`Lee Angeles. CA 90071-1422
`213.617.4183 I direct
`213.620.1780 E main'
`Wehegggrdmullineqm
`
`6 MES A
`NOTE:
`l ORMATION
`IS PRIVILE
`
`NEED
`CONFIDENTIA
`
`THE U
`EXEMPT F
`
`HE INDIVID
`DISCLOSUR
`
`R ENTITY T
`E APPLIGAB
`
`AND MAY
`IT IS ADD
`.
`IF THE READER OF THIS MES-EASE
`
`5MRH543733401?.1
`
`PAGE “5 " RGVD AT 9f11l2018 8:15:49 PM [Eastern Daylight Tlme] " SVR:W-PTDFAX-002flfl* DNI§:2335590 ‘ CEID: ” DURATION (mm-88HU1-03
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`,
`
`Paper 8
`Enterfld: August 22, 2013
`
`UM'TED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`DIODES INCORPORATED,
`Petitioner,
`
`V.
`
`NORTH PLATE SEMICONDUCTOR, LLC,
`Patent Owner.
`
`' Case ERNIE-01196
`
`Patent ?,564,097 132
`
`Before: KEN B. BARRETT, KIMBERLY McGRAW, and
`KAIVIRAN JIVANI, Administrative Patent Judges.
`
`BARRETT, Administrative ParenrJudge.
`
`ORDER
`~
`Dismissing Petition. Pursuant to Settlsmcnt'
`3? GER. §§ 42. 71m), 42. 74
`
`PAGE 25 ’” RCVD AT 91'111'2013 8:15:49 PM [Eastam Dayllgm Tlme] " EVRIW-PTOFAX-IIOZHO " DNIS:27365‘JU ’“ USED: * DURATION (mm-SSJHH-Ufi
`
`
`
`
`
`
`
`IPR2013«01 l 96
`
`Patent 7,564,097 B2
`
`The parties filed a “Joint Motion to Terminate under 35 U.S.C.
`§ 317(a) and 37 GER. §7§ 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 (1F.R. § 4214(0).” 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 ciroumstances, we determine
`
`that it is appropriate to dismiss the Petition. See 3? 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.
`
`§ 31703).
`Thispaper 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 US. Patent No. 7,564,097 and remain designated
`
`as “Parties and Board. Unlyi"
`
`PAGE 3ft"! ’“ RCVD AT 9ff112013_3:15:49 PM [Eastern Daylight Tlme] " EVRIW-PTDFAX-UOHW * DNIS:2T355W ‘“ CEID: "‘ DUMTIDNlmm'SSJW1-05
`
`
`
`
`
`
`
`IPR2018-01196
`Patent ?,564,097 B2
`
`For PETITIONER:
`
`Darran M. Franklin
`
`ScottR. Miller
`dfi‘anklin@sheppardmullin.com
`smiller@sheppardmullin.com
`
`For PATENT OWNER:
`
`Zachary D. Silhersher
`Serge-y Kolmykov
`zsilbersher@kskiplaw.com
`skolmykov@kskiplaw.com
`
`PAGE 41'5 * RCVD AT ”1112013 8:15:49 PM [Eastern Dayllgnt Tlme] " EVRIW-PTDFAX-DOZHIJ * DNJE:2736500 " CSID: " DURATION (mm-SSJW'l-Ofl
`
`
`
`
`
`
`
`#
`
`‘ EXHIBIT B
`[Filed Under-Seal]
`
`PAGE 535 "' RCVD AT 914112018 8:15:49 PM [Eastern Daylight Tlme] " BUR:W-PTOFAX-002I10 " DNISETEESW “ CEID: " DURATION (mm-35mm:
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`
`
`
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