`571-272-7822
`
`
`
`
`Paper No. 16
`Entered: June 25, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`ZTE (USA) LLC,
`Petitioner,
`
`v.
`
`SEVEN NETWORKS, LLC,
`Patent Owner.
`_______________
`
`Case IPR2019-00585
`Patent 9,247,019 B2
`
`____________
`
`
`
`
`Before THU A. DANG, KARL D. EASTHOM, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`HARLOW, Administrative Patent Judge.
`
`
`
`
`DECISION
`Motion to Terminate
`37 C.F.R. § 42.71(a)
`
`
`
`
`
`IPR2019-00585
`Patent 9,247,019 B2
`
`
`I. BACKGROUND
`On January 22, 2019, ZTE (USA) LLC (“ZTE”) filed a Petition
`(Paper 2) requesting an inter partes review of claims 1−3, 5, 11, 12, 16, 19,
`and 20 of U.S. Patent 9,247,019 B2 (Ex. 1001). With its Petition, ZTE filed
`a Motion for Joinder. Paper 3 (“Joinder Motion”). The Motion for Joinder
`requested joinder to Case IPR2018-01050 (the “Google IPR”), filed by
`Google LLC. Joinder Motion 1.
`On February 14, 2019, the Board entered an order in the Google IPR
`granting a joint motion to terminate the proceedings as a result of a
`settlement between Google LLC and Patent Owner. Ex. 2014.
`On June 20, 2019, with Board authorization, Petitioner and Patent
`Owner filed a “Joint Motion to Terminate Pursuant to 35 U.S.C. § 317”
`(Paper 14, “Joint Motion to Terminate”) and a “Joint Request to Treat [the]
`Settlement Agreement as Business Confidential Information” (Paper 15).
`The parties represent that they have resolved their disputes and reached
`settlement regarding the challenged patent as evidenced by a written
`settlement agreement, which they have filed as required under 37 C.F.R.
`§ 42.74(b). Paper 14, 2–4; Ex. 2101. The parties also represent that no
`other agreements exist between the parties concerning this case. Paper 14, 1,
`4–5.
`
`At this early stage, we determine that termination is warranted for the
`reasons stated in the Joint Motion to Terminate.
`We further determine that the Settlement Agreement (Ex. 2101) filed
`by the parties constitutes business confidential information. Therefore, we
`find there is good cause to grant the parties’ Joint Request to Treat [the]
`Settlement Agreement as Business Confidential Information (Paper 15).
`
`2
`
`
`
`IPR2019-00585
`Patent 9,247,019 B2
`
`
`
`II. ORDER
`In consideration of the foregoing, it is hereby
`ORDERED that the parties’ Joint Motion to Terminate is granted, and
`this case is terminated;
`FURTHER ORDERED that the parties’ Joint Request to Treat the
`Settlement Agreement as Business Confidential Information is granted, and
`Exhibit 2101 in shall be sealed and kept separate from the file of this case,
`consistent with 37 C.F.R. § 42.74(b); and
`FURTHER ORDERED that Petitioner’s Joinder Motion is dismissed
`as moot.
`
`3
`
`
`
`IPR2019-00585
`Patent 9,247,019 B2
`
`
`
`
`FOR PETITIONER:
`James Sobieraj
`Jon Beaupré
`Yuezhong Feng
`Andrea Shoffstall
`BRINKS GILSON & LIONE
`jsobieraj@brinksgilson.com
`jbeaupre@brinksgilson.com
`yfeng@brinksgilson.com
`ashoffstall@brinksgilson.com
`
`
`FOR PATENT OWNER:
`Kenneth Weatherwax
`Patrick Maloney
`Edward Hsieh
`Parham Hendifar
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`maloney@lowensteinweatherwax.com
`hsieh@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`
`
`4
`
`
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