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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`ARGOS USA LLC, DOLE FOOD COMPANY, INC., THE GILLETTE
`COMPANY, LLC, MILACRON LLC, PLY GEM INDUSTRIES, INC.,
`REVLON CONSUMER PRODUCTS CORPORATION, CALPINE
`CORPORATION, WATTS WATER TECHNOLOGIES, INC., LIBERTY
`MUTUAL INSURANCE COMPANY, INTERNATIONAL PAPER
`COMPANY, STATE INDUSTRIAL PRODUCTS CORP., BASSETT
`FURNITURE INDUSTRIES, INC.,
`Petitioners,
`
`v.
`
`GUADA TECHNOLOGIES LLC,
`Patent Owner,
`__________________
`
`Case IPR2021-00771
`Patent 7,231,379
`__________________
`
`JOINT MOTION TO DISMISS PETITION
`
`UNDER 35 U.S.C. § 317
`
`
`
`Proceeding No. IPR2021-00771
`Attorney Docket: 00012-0119IP1
`
`EXHIBITS
`
`
`Description
`U.S. Patent 7,231,379 to Parikh et al. (’379 Patent)
`File History of U.S. Patent 7,231,379 to Parikh et al. (’379 File
`History)
`Guada’s Combined Opposition to Defendants’ Motion to
`Dismiss, Guada Techs LLC. v. Netflix, Inc. (Dkt. No. 20, No.
`2:16-cv-1153-RWS-RSP)
`U.S. Pat. No. 6,731,724 to Wesemann et al. (“Wesemann”)
`U.S. Pat. No. 6,366,910 to Rajaraman et al. (“Rajaraman”)
`U.S. Pat. No. 7,539,656 to Fratkina et al. (“Fratkina”)
`Declaration of Dr. Padhraic Smyth (“Smyth”)
`RESERVED
`Dr. Padhraic Smyth Curriculum Vitae
`JOHN E. HOPCROFT, JEFFREY D. ULLMAN & ALFRED V. AHO,
`DATA STRUCTURE AND ALGORITHMS 75–106, 155–197,
`306–346 (Addison-Wesley 1983)
`Donald, B. Crouch, Carolyn J. Crouch & Glenn Andreas, The
`Use Of Cluster Hierarchies in Hypertext Info. Retrieval,
`HYPERTEXT ‘89 PROC., ACM PRESS, at 225-237, 1989
`Yvan Leclerc, Steven W. Zucker, Denis Leclerc, A Browsing
`Approach to Documentation, IEEE COMPUTER, IEEE PRESS,
`June 1982, at 46–49
`Ricky E. Savage, James K. Habinek, Thomas W. Barnhart,
`The Design, Simulation, and Evaluation of a Menu Driven
`User Interface, PROC. OF THE 1982 CONF. ON HUMAN FACTORS
`IN COMPUTING SYS., ACM PRESS, March 1982, at 36–40
`RICARDO BAEZA-YATES, BERTHIER RIBIERO-NETO, MODERN
`INFO. RETRIEVAL 24-41 (ACM Press 1999)
`
`Exhibit
`Ex. 1001
`Ex. 1002
`
`Ex. 1003
`
`Ex. 1004
`Ex. 1005
`Ex. 1006
`Ex. 1007
`Ex. 1008
`Ex. 1009
`Ex. 1010
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`Ex. 1011
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`Ex. 1012
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`Ex. 1013
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`Ex. 1014
`
`i
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`
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`Ex. 1015
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`Ex. 1016
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`Ex. 1017
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`Ex. 1018
`Ex. 1019
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`Ex. 1020
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`Ex. 1021
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`Ex. 1022
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`Ex. 1023
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`Ex. 1024
`
`Ex. 1025
`
`Ex. 1026
`
`Proceeding No. IPR2021-00771
`Attorney Docket: 00012-0119IP1
`Daniel Cunliffe, Carl Taylor, and Douglas Tudhope, Query-
`Based Navigation in Semantically Indexed Hypermedia, PROC.
`OF THE EIGHTH ACM CONF. ON HYPERTEXT, ACM PRESS,
`1997, at 87–95
`the Cheap,
`Hornstein, Telephone Voice Interfaces on
`PROCEEDINGS OF THE UBLAB ‘94 CONF., 1994, at 134–147.
`Paul De Bra, et al., Info. Retrieval in Distrib. Hypertexts,
`RIAO 1994, at 481–491, 1995
`U.S. Pat. No. 6,198,939 to Holmstrom
`Karen Sparck Jones, A Look Back And A Look Forward,
`PROCEEDINGS OF THE 11TH ACM SIGIR INT’L CONF. ON RSCH.
`AND DEV. IN INFO. RETRIEVAL ACM Press, 1988, 14 pages
`Gerard Salton, Anita Wong, and Chung-Shu Yang, A Vector
`Space Model For Automatic Indexing, COMMC’NS OF THE
`ACM, 1975 18(11), at 613–620
`Jinxi Xu and W. Bruce Croft, Query Expansion Using Local
`And Global Document Analysis, PROCEEDINGS OF THE 19TH
`ACM SIGIR INT’L CONF. ON RSCH AND DEV. IN INFO.
`RETRIEVAL ACM, 1996, at 4–11
`Carolyn J. Crouch, A Cluster-Based Approach to Thesaurus
`Construction, PROC. OF THE 11TH ACM SIGIR INT’LCONF. ON
`RSCH AND DEV. IN INFO. RETRIEVAL, ACM, 1988, at 309–320
`Hinrich Schütze and Jan O. Pedersen, A Cooccurrence-Based
`Thesaurus And Two Applications to Information Retrieval, 1
`INTELLIGENT MULTIMEDIA INFO. RETRIEVAL SYS. AND MGMT.,
`, 1994 at 266–274
`Güntzer et al., Automatic Thesaurus Construction by Machine
`Learning from Retrieval Sessions, 25 INFO. PROC. & MGMT.
`No. 3, 1998, at 265–273, 1998
`Mostafa et al., A Multilevel Approach
`to Intelligent
`Information Filtering: Model, Sys., and Evaluation, 15 ACM
`TRANSACTIONS ON INFO. SYS. NO. 4, 1997, at 368–399, 1997
`U.S. Patent No. 6,006,225 to Bowman et al.
`
`ii
`
`
`
`Proceeding No. IPR2021-00771
`Attorney Docket: 00012-0119IP1
`Gerald Salton, The Evaluation Of Automatic Retrieval
`Procs.—Selected Test Results Using the SMART Sys.,
`AMERICAN DOCUMENTATION, 16(3), 1965, at 209–222
`Larry Fitzpatrick, Mei Dent, Automatic Feedback Using Past
`Queries: Social Searching?, 31 ACM SIGIR FORUM 1997, at
`306-313
`U.S. Pat. No. 6,453,315 to Weissman (“Weissman”)
`CONFIDENTIAL Settlement Agreements
`
`Ex. 1027
`
`Ex. 1028
`
`Ex. 1029
`Ex. 1030
`
`
`
`
`iii
`
`
`
`Proceeding No. IPR2021-00771
`Attorney Docket: 00012-0119IP1
`Pursuant to 35 U.S.C. § 317(a), Petitioners Argos USA LLC, Dole Food
`
`
`
`Company, Inc., The Gillette Company, LLC, Milacron LLC, Ply Gem Industries,
`
`Inc., Revlon Consumer Products Corporation, Calpine Corporation, Watts Water
`
`Technologies, Inc., Liberty Mutual Insurance Company, International Paper
`
`Company, State Industrial Products Corp. and Bassett Furniture Industries, Inc.,
`
`and Patent Owner Guada Technologies LLC (collectively “Parties”), hereby jointly
`
`move to dismiss the petition in the above-captioned proceeding, subject to the
`
`terms of the Settlement Agreements dated August 4, August 5, August 6, August 9,
`
`August 10, and August 16, 2021, entered into by the Parties.
`
`The Board authorized the filing of the instant motion in an email dated
`
`August 23, 2021. This motion is being filed prior to a decision on the merits of the
`
`petition, and is accompanied by a copy of the settlement agreements between the
`
`Parties.
`
`The petition was filed April 7, 2021, directed to U.S. Patent No. 7,231,379
`
`(the “’379 patent”), and has not yet been instituted.
`
`A.
`Settlement Agreements
`The Parties have settled their dispute, and Pursuant to 35 U.S.C. § 317(b)
`
`and 37 C.F.R. § 42.74(b), the Parties’ settlement agreements are in writing, and
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`true and correct copies are being filed concurrently herewith as Exhibit 1030. The
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`Parties are also filing concurrently herewith a request under 35 U.S.C. § 317(b)
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`1
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`
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`Proceeding No. IPR2021-00771
`Attorney Docket: 00012-0119IP1
`and 37 C.F.R. § 42.74(c) to seal and to treat each furnished version of the
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`settlement agreements as business confidential information and keep them separate
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`from the files of the involved patent.
`
`The Parties further certify that there are no collateral agreements or
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`understandings made in connection with, or in contemplation of, the dismissal of
`
`the present inter partes review.
`
`As stated in 35 U.S.C. § 317(a), because Petitioners and Patent Owner
`
`jointly request dismissal of the petition, no estoppel under 35 U.S.C. § 315(e) shall
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`attach to Petitioners.
`
`B. Dismissal is Appropriate
`Dismissal is proper under 35 U.S.C. § 317(a) because the Parties are jointly
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`requesting the petition be dismissed, and the Office has not yet “decided the merits
`
`of the proceeding.” Indeed, no decision instituting trial has been entered.
`
`Moreover, as noted in the Patent Office Trial Practice Guidelines, “there are
`
`strong public policy reasons to favor settlement between the parties to a proceeding
`
`. . . . The Board expects that a proceeding will terminate after the filing of a
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`settlement agreement, unless the Board has already decided the merits of the
`
`proceeding. 35 U.S.C. 317(a), as amended, and 35 U.S.C. 327.”1
`
`
`1 See Federal Register Vol. 77, No. 157 at 48768.
`
`2
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`
`
`Proceeding No. IPR2021-00771
`Attorney Docket: 00012-0119IP1
`C.
`Status of Related District Court Litigation.
`The ’379 Patent is not the subject of any pending administrative proceeding.
`
`Litigation concerning the ’379 Patent has been either dismissed or administratively
`
`closed pending this proceeding.
`
`For the foregoing reasons, the Parties jointly request termination of
`
`IPR2021-00771.
`
`
`
`
`Date: August 30, 2021
`
`
` 08/26/2021
`Date:
`
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`Respectfully submitted,
`
` /Joshua A. Griswold/
`Joshua Griswold, Reg. No. 46,310
`Ricardo Bonilla, Reg. No. 65,190
`Counsel for Petitioner
`
`/s/ Sanjay Pant
`
`Sanjay Pant, Reg. No. 64,865
`Gautham Bodepudi, Reg. No. 59,788
`Counsel for Patent Owner
`
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`3
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`Proceeding No. IPR2021-00771
`Attorney Docket: 00012-0119IP1
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR § 42.6(e), the undersigned certifies that on August 30,
`
`2021, a complete and entire copy of this Joint Motion to Dismiss Petition and
`
`Exhibit 1030 were provided via email to the Patent Owner by serving the email
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`correspondence addresses of record as follows:
`
`Sanjay Pant
`PRA Law
`2800 Bartons Bluff Lane #1902
`Austin, TX, 78746
`
`Gautham Bodepudi
`15922 El Dorado Parkway, Suite 500-1572
`Frisco, TX 75035
`
`Email: spant@pralawllc.com
`gbodepudi@outlook.com
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`/Diana Bradley/
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`Diana Bradley
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(858) 678-5667
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