`
`Paper 12
`Date: December 11, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`EVERLIGHT ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`BRIDGELUX, INC.,
`Patent Owner.
`____________
`
`Case IPR2018-01484
`Patent 8,092,051 B2
`____________
`
`Before JOSIAH C. COCKS, FRANCES L. IPPOLITO, and
`JOHN D. HAMANN, Administrative Patent Judges.
`
`HAMANN, Administrative Patent Judge.
`
`ORDER
`Dismissing the Petition
`37 C.F.R. §§ 42.5(a), 42.71(a)
`
`
`
`
`
`
`
`IPR2018-01484
`Patent 8,092,051 B2
`
`
`On July 31, 2018, Petitioner, Everlight Electronics Co., Ltd., filed a
`
`Petition seeking inter partes review of U.S. Patent No. 8,092,051 B2. Paper
`2. On November 21, 2018, Patent Owner, Bridgelux, Inc., filed a Patent
`Owner’s Preliminary Response. Paper 8. On November 28, 2018, Petitioner
`filed an “Unopposed Motion to Terminate Proceeding” (Paper 10).
`Petitioner also filed a copy of the written settlement agreement between the
`parties (Ex. 1018), and a request to file the settlement agreement as business
`confidential information (Paper 11).1
`We have not instituted trial in this proceeding. Thus, this proceeding
`is in its initial stages. The parties indicate that they have settled all disputes
`relating to the challenged patent. Paper 10, 1. Under these circumstances,
`we determine that it is appropriate to dismiss the Petition. See 37 C.F.R.
`§§ 42.5(a), 42.71(a). This paper does not constitute a final written decision
`pursuant to 35 U.S.C. § 318(a).
`
`It is
`
`ORDERED that Petitioner’s “Unopposed Motion to Terminate
`Proceeding” (Paper 10) is granted;
`
`FURTHER ORDERED that the Petition for Inter Partes Review of
`the above-referenced patent is dismissed; and
`
`FURTHER ORDERED that, as was requested timely by Petitioner
`(Paper 11), the settlement agreement (Ex. 1018) will be treated as business
`confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c);
`
`
`
`
`
`
`1 The filings were authorized in e-mail correspondence from Board
`personnel on November 28, 2018.
`
`2
`
`
`
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`
`
`
`
`IPR2018-01484
`Patent 8,092,051 B2
`
`For PETITIONER:
`Raymond Nimrod
`James Glass
`Jared Newton
`QUINN EMANUEL URQUHART & SULLIVAN
`raynimrod@quinnemanuel.com
`jimglass@quinnemanuel.com
`jarednewton@quinnemanuel.com
`
`For PATENT OWNER:
`
`David Radulescu
`Jonathan Auerbach
`RADULESCU LLP
`david@radip.com
`jonathan@radip.com
`
`
`
`
`3
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`