`571-272-7822
`
`
`
`
`
`Paper 10
`Entered: May 6, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NOKIA OF AMERICA CORPORATION,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES II LLC,
`Patent Owner.
`____________
`
`Case IPR2019-00667
`Patent 8,682,357 B2
`____________
`
`
`Before BRIAN J. MCNAMARA, DAVID C. MCKONE, and
`AMBER L. HAGY, Administrative Patent Judges.
`
`HAGY, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Joint Motion to Terminate Proceeding Due to
`Settlement before Institution and
`Granting Joint Request to Treat Settlement Agreement as
`Business Confidential Information
`37 C.F.R. § 42.74
`
`
`
`
`
`
`
`
`IPR2019-00667
`Patent 8,682,357 B2
`
`
`INTRODUCTION
`I.
`Petitioner and Patent Owner (collectively “the Parties”) have
`requested that the above-identified inter partes review proceeding be
`terminated pursuant to a settlement. On April 29, 2019, we authorized the
`Parties via email to file a joint motion to terminate the above-identified
`proceeding. Exhibit 1027. On April 29, 2019, the Parties filed a Joint
`Motion to Terminate the above-identified proceeding (“Joint Motion”).
`Paper 8. The Parties filed a Settlement Agreement (Exhibit 1029), and filed
`a Joint Request that Settlement Agreement Be Treated as Business
`Confidential Information and Kept Separate (“Joint Request”). Paper 9.
`II. DISCUSSION
`In the Joint Motion, the Parties represent that they have reached an
`agreement to jointly seek termination of this inter partes review proceeding,
`that the filed copy of the Settlement Agreement is a true copy, and that there
`are no other written or oral agreements. Joint Motion 1–4. Further, the
`Settlement Agreement indicates it is a complete agreement. Settlement
`Agreement 22. The Parties also represent that their settlement agreement
`resolves all currently pending Patent Office and District Court proceedings
`between the Parties involving Patent 8,682,357. Joint Motion 3.
`We have not yet instituted a trial on the above-identified proceeding.
`Nor have we decided the merits of the proceeding, and a final written
`decision has not been entered in the proceeding. The Parties have shown
`adequately that the termination of the proceeding is appropriate. Under
`these circumstances, we determine that good cause exists to terminate the
`proceeding with respect to the Parties.
`
`
`
`2
`
`
`
`IPR2019-00667
`Patent 8,682,357 B2
`
`
`The Parties also request that the Settlement Agreement be treated as
`business confidential information and be kept separate from the file of Patent
`8,682,357. Joint Request 1. Pursuant to 37 C.F.R. § 42.74(c), we grant this
`request.
`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 is granted, and
`IPR2019-00667 is terminated with respect to Petitioner and Patent Owner;
`and
`FURTHER ORDERED that the Joint Request to File Settlement
`
`Agreement as Business Confidential Information is granted, and the
`Settlement Agreement shall be kept separate from the file of U.S. Patent
`8,682,357 B2, and made available only to Federal Government agencies on
`written request, or to any person on a showing of good cause, pursuant to 37
`C.F.R. § 42.74(c).
`
`
`
`
`
`
`3
`
`
`
`IPR2019-00667
`Patent 8,682,357 B2
`
`For PETITIONER:
`Brianne Straka
`briannestraka@quinnemanuel.com
`
`John Poulos
`johnpoulos@quinnemaneul.com
`
`John McKee
`johnmckee@quinnemaneul.com
`
`For PATENT OWNER:
`Byron L. Pickard
`bpickard-PTAB@sternekessler.com
`
`Daniel S. Block
`dblock-PTAB@sternekessler.com
`
`Tyler J. Dutton
`tdutton-PTAB@sternekessler.com
`
`James R. Hietala
`jhietala@intven.com
`
`Russell Rigby
`rrigby@intven.com
`
`Tim R. Seeley
`tim@intven.com
`
`
`
`
`4
`
`
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