`Date: November 6, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICROSOFT CORPORATION,
`Petitioner,
`
`v.
`
`HYPERMEDIA NAVIGATION LLC,
`Patent Owner.
`____________
`
`Case IPR2018-01518, Patent 9,083,672
`Case IPR2018-01519, Patent 9,772,814
`Case IPR2018-01537, Patent 7,424,523
`____________
`
`Before KEVIN F. TURNER, GARTH D. BAER, and MATTHEW J. McNEILL,
`Administrative Patent Judges.
`
`BAER, Administrative Patent Judge.
`
`
`ORDER
`
`Dismissing Petition
`37 C.F.R. §§ 42.5(a) and 42.71(a)
`and
`Granting Request to Treat Settlement Documents as
`Confidential Business Information
`37 C.F.R. § 42.74(c)
`
`
`
`
`
`
`
`IPR2018-01518 (Patent 9,083,672)
`IPR2018-01519 (Patent 9,772,814)
`IPR2018-01537 (Patent 7,424,523)
`
`
`
`On October 31, 2018, the parties filed a Joint Motion to Terminate
`Proceeding and Joint Request to Treat the Parties Agreement (Ex. 1024) as
`Business Confidential Information (Paper 6) in IPR2018-01518, IPR2018-01519,
`and IPR2018-01537.1 We authorized the motions in a conference call for these
`proceedings on October 30, 2018. The motions request termination because the
`parties settled their dispute, and agreed to terminate these inter partes reviews.
`Paper 6, 1. The parties concurrently filed a true copy of their Settlement and
`License Agreement in each case. Id. at 3; see Ex. 1024.
`These proceedings are at an early stage. Petitioner filed their petitions for
`inter partes review on August 10, 2018. Paper 2. Patent Owner has not filed a
`Preliminary Response, and we have neither considered the merits of the Petitions
`nor decided whether to institute trial.
`Under these circumstances, we determine it is appropriate to dismiss the
`petitions. See 37 C.F.R. §§ 42.5(a), 42.71(a). We also determine it is appropriate
`to treat the parties’ settlement agreement (Ex. 1024) as confidential business
`information, and to keep that document separate from the files of the challenged
`patent in each case. As such, the joint motion and request in each proceeding are
`granted.
`This paper does not constitute a final written decision pursuant to 35 U.S.C.
`§ 318(a).
`Accordingly, it is hereby:
`ORDERED that the Petition for Inter Partes Review of U.S. Patent
`No. 9,083,672 (IPR2018-01518) is dismissed;
`
`
`1 The relevant paper and exhibit numbers are the same for IPR2018-01518,
`IPR2018-01519, and IPR2018-01537.
`
`2
`
`
`
`
`
`IPR2018-01518 (Patent 9,083,672)
`IPR2018-01519 (Patent 9,772,814)
`IPR2018-01537 (Patent 7,424,523)
`
`
`
`FURTHER ORDERED that Exhibit 1024 in IPR2018-01518 be maintained
`as confidential business information and kept separate from the files of U.S. Patent
`No. 9,083,672;
`FURTHER ORDERED that the Petition for Inter Partes Review of U.S.
`Patent No. 9,772,814 (IPR2018-01519) is dismissed;
`FURTHER ORDERED that Exhibit 1024 in IPR2018-01519 be maintained
`as confidential business information and kept separate from the files of U.S. Patent
`No. 9,772,814;
`FURTHER ORDERED that the Petition for Inter Partes Review of U.S.
`Patent No. 7,424,523 (IPR2018-01537) is dismissed; and
`FURTHER ORDERED that Exhibit 1024 in IPR2018-01537 be maintained
`as confidential business information and kept separate from the files of U.S. Patent
`No. 7,424,523.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
`
`IPR2018-01518 (Patent 9,083,672)
`IPR2018-01519 (Patent 9,772,814)
`IPR2018-01537 (Patent 7,424,523)
`
`PETITIONER:
`Andrew M. Mason
`Todd M. Siegel
`Derrick W. Toddy
`Garth A. Winn
`John D. Vandenberg
`KLARQUIST SPARKMAN, LLP
`Andrew.mason@klarquist.com
`Todd.siegel@klarquist.com
`Derrick.toddy@klarquist.com
`Garth.winn@klarquist.com
`John.vandenberg@klarquist.com
`
`
`
`PATENT OWNER:
`Michael L. Wach
`WACH LLC
`mikewachsr@gmail.com
`
`Jason M. Perilla
`THOMAS/HORSTEMERYER, LLP
`Jason.perilla@thomashorstemeyer.com
`
`Adam L. Baumli
`BAUMLI LAW FIRM PLLC
`adam@baumlilawfirm.com
`
`
`
`4
`
`
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