`571-272-7822
`
`
`
`
`
`
`Paper 8
`Date: June 21, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CISCO SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`BUSHNELL HAWTHORNE, LLC,
`Patent Owner.
`____________
`
`Case IPR2019-00909
`Patent 7,310,686 B2
`____________
`
`Before JOSIAH C. COCKS, JUSTIN T. ARBES, and JON M.
`JURGOVAN, Administrative Patent Judges.
`
`COCKS, Administrative Patent Judge.
`
`TERMINATION
`Dismissing the Petition
`37 C.F.R. §§ 42.5(a), 42.71(a)
`
`
`
`
`
`
`
`
`
`
`
`IPR2019-00909
`Patent 7,310,686 B2
`
`
`
`On May 30, 2019, Petitioner, Cisco Systems, Inc., (“Cisco”) filed a
`“Motion to Terminate Inter Partes Review of U.S. Patent No. 7,310,686”
`(“the ’686 patent”). Paper 4 (“Motion” or “Mot.”).1 Cisco also filed a
`“Notice of Stipulated Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(ii).” Ex.
`1021. The Motion states that “Patent Owner Bushnell Hawthorne LLC
`[‘Bushnell”] does not oppose, and in fact agrees to, this motion.” Mot. 2.
`Bushnell further has filed a “Stipulation for Motion to Terminate” stating
`that it “agrees to the termination” of this proceeding. Paper 7. The Motion
`also states that “other than Exhibit 1021, there are no further agreements
`between the parties concerning the resolution of the dispute of the
`’686 Patent.” Mot. 2. Exhibit 1021 states the following:
`Plaintiff Bushnell Hawthorne, LLC, by counsel, hereby gives
`notice of the stipulated dismissal of Count I of its Amended
`Complaint asserting infringement of U.S. Patent No. 7,310,686
`(the “’686 Patent”) WITH PREJUDICE.
`
`Defendant Cisco Systems, Inc. (“Cisco”) hereby gives
`notice of the stipulated dismissal of its First Counterclaim
`seeking a declaration of non-infringement of the ’686 Patent and
`its Second Counter claim asserting invalidity of claims 1–41 of
`the ‘686 Patent WITH PREJUDICE except that Cisco’s
`dismissal is WITHOUT PREJUDICE to assert substantially the
`same or similar counterclaims in the event a future claim of
`infringement of the ’686 Patent is asserted against Cisco or a
`Cisco customer, partner or reseller.
`Ex. 1021, 1.
`We have not yet determined whether to institute trial in this
`proceeding. Thus, this proceeding is in its initial stages. The Motion states
`
`
`1 The filings were authorized in e-mail correspondence from Board
`personnel on May 21, 2019.
`
`2
`
`
`
`
`
`
`IPR2019-00909
`Patent 7,310,686 B2
`
`
`that “the parties resolved all of their disputes concerning the ’686 Patent”
`and the district court granted the stipulated dismissal involving the ’686
`patent on April 29, 2019. Mot. 2. Under the circumstances present here, we
`determine that it is appropriate to dismiss the petition. See 37 C.F.R.
`§§ 42.5(a), 42.71(a).
`
`It is
`
`ORDERED that Cisco’s “Motion to Terminate Inter Partes Review of
`U.S. Patent No. 7,310,686” (Paper 4) is granted; and
`
`FURTHER ORDERED that, as a result of granting Cisco’s Motion,
`the Petition for Inter Partes Review of the above-referenced patent is
`dismissed.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
`
`
`IPR2019-00909
`Patent 7,310,686 B2
`
`For PETITIONER:
`
`Daniel McDonald
`dmcdonald@merchantgould.com
`
`Jeffrey Blake
`jblake@merchantgould.com
`
`
`For PATENT OWNER:
`
`George Schooff
`schooff@butzel.com
`
`
`
`4
`
`
`
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