`Tel: 571-272-7822
`
`
`Paper 16
`Entered: March 25, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BLOOMREACH, INC.,
`Petitioner,
`
`v.
`
`GUADA TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`IPR2019-01304
`Patent 7,231,379 B2
`____________
`
`
`Before MIRIAM L. QUINN, KIMBERLY McGRAW, and
`MATTHEW J. McNEILL, Administrative Patent Judges.
`
`McNEILL, Administrative Patent Judge.
`
`
`
`
`ORDER
`Termination of the Proceeding
`37 C.F.R. § 42.71(a), 42.72, 42.74
`
`
`
`
`
`IPR2019-01304
`Patent 7,231,379 B2
`
`
`On February 19, 2020, the parties contacted the Board by email to
`request authorization to file a joint motion to terminate this proceeding
`pursuant to a settlement agreement and a joint request to keep the settlement
`agreement confidential. In an email sent on February 20, 2020, the Board
`authorized the parties to file motions to terminate the above-captioned
`proceeding and a request to keep the settlement agreement confidential.
`On February 21, 2020, the parties filed a Joint Motion to Terminate.
`Paper 13. The parties concurrently filed a joint request to treat the settlement
`agreement as business confidential information, and for it to be kept separate
`from the patent file, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c)
`(Paper 14), along with a copy of the written settlement agreement
`(Ex. 1029). The parties represent that Exhibit 1029 is a true and accurate
`copy of their settlement agreement. Paper 13, 2.
`Generally, the Board expects that a proceeding will terminate after the
`filing of a settlement agreement, if the settlement agreement includes all
`parties to the proceeding and unless the Board has already decided the merits
`of the proceeding. See, e.g., Office Patent Trial Practice Guide, 77 Fed. Reg.
`48,756, 48,768 (Aug. 14, 2012). The parties filed such a settlement
`agreement. Ex. 1029. Moreover, this proceeding is at a preliminary stage and
`the merits have not yet been decided. Under these circumstances, we
`determine that it is appropriate to terminate this proceeding.
`After reviewing the parties’ settlement agreement, we find that the
`settlement agreement contains business confidential information regarding
`terms of the settlement and good cause exists to treat the settlement
`agreement as business confidential information pursuant to 37 C.F.R.
`§ 42.74(c).
`
`
`
`2
`
`
`
`IPR2019-01304
`Patent 7,231,379 B2
`
`
`Accordingly, it is
`ORDERED that the Motion to terminate IPR2019-01304 (Paper 13)
`as to both Petitioner and Patent Owner is granted;
`FURTHER ORDERED that the joint request (Paper 14) to treat the
`parties’ settlement agreement (Ex. 1029) as business confidential
`information under 37 C.F.R. § 42.74(c), and for it to be kept separate from
`the patent file in the above-captioned proceeding, is granted; and
`FURTHER ORDERED that the Petition is dismissed under 37 C.F.R.
`§ 42.71(a), and this proceeding is terminated with respect to both Petitioner
`and Patent Owner.
`
`
`
`
`
`
`3
`
`
`
`IPR2019-01304
`Patent 7,231,379 B2
`
`For PETITIONER:
`Dion Bregman
`Michael Lyons
`Ahren Hsu-Hoffman
`MORGAN LEWIS
`dion.bregman@morganlewis.com
`michael.lyons@morganlewis.com
`ahren.hsu-hoffman@morganlewis.com
`
`
`For PATENT OWNER:
`Isaac Rabicoff
`RABICOFF LAW
`isaac@rabilaw.com
`
`
`
`
`4
`
`
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