`571–272–7822
`
`
`
`Paper No. 12
`Entered: August 21, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MICROSOFT CORPORATION,
`Petitioner,
`
`v.
`
`SPEAKWARE, INC.,
`Patent Owner.
`____________
`
`Case IPR2019-00792
`Patent 6,397,186 B1
`_______________
`
`
`Before DEBRA K. STEPHENS, DAVID C. MCKONE, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`
`
`DECISION
`Termination of the Proceeding
`37 C.F.R. §§ 42.71(a), 42.74(a)
`
`
`
`
`
`IPR2019-00792
`Patent 6,397,186 B1
`
`
`I.
`INTRODUCTION
`The parties filed a Joint Motion to Dismiss and Terminate
`Proceedings. Paper 10 (“Motion” or “Mot.”). The parties also filed what
`they indicate is a true and correct copy of a Confidential Agreement. Ex.
`2008 (“Agreement”). In a Joint Request, the parties identified the
`Agreement as business confidential information and requested that the
`Agreement be kept separate from the patent file. Paper 11 (“Joint Request”).
`For the reasons discussed below, the Motion and Joint Request are granted.
`II. ANALYSIS
`This proceeding is in the preliminary stage, and no decision whether
`to institute a trial has been made. The parties indicate that they have settled
`their disputes regarding U.S. Patent No. 6,397,186 B1. Mot. 1. The parties
`filed the Agreement, and represent that “there are no collateral agreements
`or understandings between the parties and made in connection with, or in
`contemplation of, the termination of this proceeding.” Id. Under these
`circumstances, we determine that it is appropriate to dismiss the Petition
`(Paper 2) and terminate this proceeding. See 37 C.F.R. §§ 42.71(a),
`42.74(a). We also determine that it is appropriate to treat the Agreement as
`business confidential information to be kept separate from the patent file.
`See 37 C.F.R. § 42.74(c).
`
`III. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the Joint Motion to Terminate Proceeding is granted;
`FURTHER ORDERED that the Petition is dismissed and this
`proceeding is terminated as to all parties; and
`
`2
`
`
`
`IPR2019-00792
`Patent 6,397,186 B1
`
`
`FURTHER ORDERED that the Joint Request to treat the Confidential
`Agreement (Ex. 2008) as business confidential information to be kept
`separate from the patent file is granted.
`
`
`
`3
`
`
`
`IPR2019-00792
`Patent 6,397,186 B1
`
`PETITIONER:
`
`Andrew M. Mason
`Todd M. Siegel
`James G. DeRouin
`John M. Lunsford
`KLARQUIST SPARKMAN, LLP
`andrew.mason@klarquist.com
`todd.siegel@klarquist.com
`james.derouin@klarquist.com
`john.lunsford@klarquist.com
`
`
`PATENT OWNER:
`
`Sean A. Luner
`Simon Franzini
`DOVEL & LUNER, LLP
`sean@dovel.com
`simon@dovel.com
`
`4
`
`
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