`571-272-7822
`
`Paper 8
`Date: November 13, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LG INNOTEK CO. LTD.,
`Petitioner,
`v.
`SEOUL SEMICONDUCTOR CO. LTD.,
`Patent Owner.
`
`IPR2019-01154 (Patent 9,293,664 B2)
`IPR2019-01155 (Patent 9,664,356 B2)
`IPR2019-01157 (Patent 9,793,448 B2)
`IPR2019-01158 (Patent 9,793,448 B2)1
`
`
`
`
`
`
`
`
`
`
`Before ERICA A. FRANKLIN, JEFFREY W. ABRAHAM, and
`ELIZABETH M. ROESEL, Administrative Patent Judges.
`ROESEL, Administrative Patent Judge.
`
`DECISION
`Dismissal Prior to Institution of Trial
`35 U.S.C. § 314
`
`
`
`
`1 This order addresses Petitioner’s Unopposed Motion to Withdraw the
`Petition filed in each of the referenced cases. We exercise our discretion to
`issue a single order to be entered in each case.
`
`
`
`
`
`IPR2019-01154 (Patent 9,293,664 B2)
`IPR2019-01155 (Patent 9,664,356 B2)
`IPR2019-01157 (Patent 9,793,448 B2)
`IPR2019-01158 (Patent 9,793,448 B2)
`
`
`With prior Board authorization (Ex. 3001), Petitioner filed an
`Unopposed Motion to Withdraw the Petition. Paper 7.2 Petitioner
`represents that Patent Owner does not oppose the motion. Id. at 1. The
`deadline set by the Board passed with no response having been filed by
`Patent Owner. See Ex. 3001.
`Petitioner identifies LG Innotek Co. Ltd. as the real party in interest.
`Paper 2, 87 (Petition). Patent Owner identifies Seoul Semiconductor Co.,
`Ltd. as the real party in interest. Paper 4, 1 (Mandatory Notices). The
`parties represent that the challenged patent was asserted in a civil action
`styled Seoul Semiconductor Co. v. Fry’s Electronics, Inc., No. 2:18-cv-
`00386-JRG (E.D. Tex.). Paper 2, 87; Paper 4, 1; Paper 7, 2. Petitioner
`represents that it was not involved in the district court proceeding and that it
`is not “a Real Party in Interest to any parties in the district court
`proceeding.” Paper 7, 2. Petitioner further represents that the district court
`proceeding has concluded pursuant to a consent judgment and permanent
`injunction, which has been filed as an exhibit in this proceeding. Id.;
`Ex. 1016.
`This proceeding is at an early stage. A decision whether to institute
`trial has not been made. Petitioner sought authorization to file an unopposed
`motion to withdraw the Petition more than seven weeks before the statutory
`deadline for institution. Ex. 3001.
`
`
`2 Our citations are to papers and exhibits filed in IPR2019-01154.
`Substantively identical papers were filed in each of the captioned cases.
`
`2
`
`
`
`IPR2019-01154 (Patent 9,293,664 B2)
`IPR2019-01155 (Patent 9,664,356 B2)
`IPR2019-01157 (Patent 9,793,448 B2)
`IPR2019-01158 (Patent 9,793,448 B2)
`
`
`The Board has discretion to “take up petitions or motions for
`decisions in any order” and to “grant, deny, or dismiss any petition or
`motion” or enter any appropriate order. 37 C.F.R. § 42.71(a) (2018).
`Dismissal of the Petition at this early stage, before any decision on the
`merits of the Petition, will preserve the Board’s and the parties’ resources
`and promote the objective of a “just, speedy, and inexpensive resolution of
`every proceeding.” 37 C.F.R. § 42.1(b) (2018).
`Based on the facts of this case and in view of Petitioner’s unopposed
`motion, we determine that it is appropriate to dismiss the Petition. See
`37 C.F.R. § 42.71(a) (2018). Therefore, Petitioner’s Unopposed Motion to
`Withdraw the Petition is granted. This paper does not constitute a final
`written decision pursuant to 35 U.S.C. § 318(a).
`
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner’s Unopposed Motion to Withdraw the
`Petition is granted, and the proceeding is terminated.
`
`3
`
`
`
`IPR2019-01154 (Patent 9,293,664 B2)
`IPR2019-01155 (Patent 9,664,356 B2)
`IPR2019-01157 (Patent 9,793,448 B2)
`IPR2019-01158 (Patent 9,793,448 B2)
`
`FOR PETITIONER:
`
`Timothy W. Riffe
`Adam R. Shartzer
`Hyun Jin In
`FISH & RICHARDSON P.C.
`IPR38191-0005IP1@fr.com
`PTABInbound@fr.com
`
`
`FOR PATENT OWNER:
`
`Bing Ai
`Miguel J. Bombach
`Kevin J. Patariu
`PERKINS COIE LLP
`ai-ptab@perkinscoie.com
`bombach-ptab@perkinscoie.com
`patariu-ptab@perkinscoie.com
`
`Michael Eisenberg
`HOLLAND & KNIGHT
`michael.eisenberg@hklaw.com
`
`4
`
`
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