`Tel: 571-272-7822
`
`Paper 13
`Entered: July 2, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`T-MOBILE USA, INC., T-MOBILE US, INC.,
`SPRINT SPECTRUM L.P., and SPRINTCOM, INC.,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES II LLC,
`Patent Owner.
`____________
`
`Case IPR2018-01773
`Patent 8,897,828 B2
`____________
`
`Before KRISTEN L. DROESCH, MICHAEL W. KIM, and
`JASON W. MELVIN, Administrative Patent Judges.
`
`MELVIN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Joint Motion to Terminate
`Granting Joint Request to Keep Confidential and Separate
`35 U.S.C. § 317; 37 C.F.R. §§ 42.72, 42.74
`
`
`
`Case IPR2018-01773
`Patent 8,897,828 B2
`
`
`I.
`INTRODUCTION
`Petitioner and Patent Owner (collectively referred to as “the Parties”)
`have requested that the above-identified inter partes review proceeding be
`terminated. On June 25, 2019, we authorized the Parties to file a joint
`motion to terminate the above-identified proceeding. On June 25, 2019, the
`Parties filed the Joint Motion to Terminate (“Joint Motion”). Paper 11.
`Along with the Joint Motion, the Parties filed copies of two Patent License
`Agreements (“Settlement Agreements” (Exs. 1011, 1012)). The Parties also
`filed a Joint Request that the Settlement Agreements be Treated as Business
`Confidential Information pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74(c) (“Joint Request”). Paper 12.
`II. DISCUSSION
`In the Joint Motion, the Parties represent that they have reached an
`agreement to jointly seek termination of the above-identified inter partes
`review proceeding, that the filed Settlement Agreements are true and
`accurate copies, and that there are no other written or oral agreements.
`Paper 11, 1, 3–4.
`We have not yet decided the merits of this proceeding, and a final
`written decision has not been entered. Notwithstanding that the proceeding
`has moved beyond the preliminary stage, the Parties have shown adequately
`that the termination of the above-identified proceeding is appropriate. Under
`these circumstances, we determine that good cause exists to terminate the
`above-identified proceeding.
`Regarding the Parties Joint Request to treat the Settlement
`Agreements as business confidential information, we determine that good
`cause exists to treat the Settlement Agreements (Exs. 1011, 1012) between
`
`2
`
`
`
`Case IPR2018-01773
`Patent 8,897,828 B2
`
`Petitioner and Patent Owner as business confidential information pursuant to
`35 U.S.C. § 317(b) and 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 Motion to Terminate (Paper 11) is granted,
`and IPR2018-01773 is terminated; and
`FURTHER ORDERED that the Joint Request (Paper 12) to treat the
`Settlement Agreements (Exs. 1011, 1012) as business confidential
`information pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) is
`granted.
`
`
`
`
`
`
`
`
`3
`
`
`
`Case IPR2018-01773
`Patent 8,897,828 B2
`
`PETITIONER:
`Robert Hilton
`rhitlon@mcguirewoods.com
`
`George Davis
`gdavis@mcgruirewoods.com
`
`PATENT OWNER:
`Byron Pickard
`bpickard-ptab@sternekessler.com
`
`Lestin Kenton
`lkenton-ptab@sternekessler.com
`
`Tim Tang
`ttang-ptab@sternekessler.com
`
`Daniel Block
`dblock-ptab@sternekessler.com
`
`Tyler Dutton
`tdutton-ptab@sternekessler.com
`
`James Hietala
`jhietala@intven.com
`
`Russell Rigby
`rrigby@intven.com
`
`Tim Seeley
`tims@intven.com
`
`
`
`
`
`4
`
`
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