`Tel: 571-272-7822
`
`
`
`
`Paper No. 34
`Entered: April 4, 2023
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`MICRON TECHNOLOGY, INC.,
`Petitioner,
`v.
`VERVAIN, LLC,
`Patent Owner.
`_______________
`
`
`
`IPR2021-01550
`Patent 10,950,300 B2
`_______________
`
`
`Before STACEY G. WHITE, JON M. JURGOVAN, and
`STEVEN M. AMUNDSON, Administrative Patent Judges.
`
`WHITE, Administrative Patent Judge.
`
`
`TERMINATION
`Due to Settlement After Institution of Trial
`35 U.S.C. § 317; 37 C.F.R. § 42.74
`
`
`
`
`
`
`
`
`
`
`IPR2021-01550
`Patent 10,950,300 B2
`
`
`I.
`INTRODUCTION
`With the Board’s authorization, Petitioner Micron Technology, Inc.
`and Patent Owner Vervain, LLC (collectively, “the Parties”) filed a Joint
`Motion to Terminate in the above-captioned proceeding involving U.S.
`Patent No. 10,950,300 B2 (“the ’300 patent”). Paper 31 (“Joint Motion”).
`Along with the Joint Motion, the Parties filed a copy of a Settlement
`Agreement (Ex. 1072, “Agreement”) and an Executed Settlement
`Agreement (Ex. 1073, “Executed Agreement”), as well as Joint Requests
`that the Agreement and Executed Agreement be treated as business
`confidential information and kept separate from the file of the patent
`involved in the above-captioned proceeding. Paper 32 (“Joint Request-
`Agreement”), 33 (“Joint Request-Executed Agreement”) (collectively “Joint
`Requests”).
`
`II. DISCUSSION
`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
`this chapter shall be terminated with respect to any petitioner upon the joint
`request of the petitioner and the patent owner, unless the Office has decided
`the merits of the proceeding before the request for termination is filed.”
`35 U.S.C. § 317(a) also provides that if no petitioner remains in the inter
`partes review, the Office may terminate the review.
`In the Joint Motion, the Parties represent that they “have reached a
`settlement as to all the disputes in this proceeding and as to the ’300 patent
`between the parties.” Joint Motion 3. The Parties provided a copy of the
`Agreement and Executed Agreement. Exs. 1072, 1073. The Parties
`represent that “[n]o other such agreements, written or oral, exist between or
`among the Settling Parties.” Id.
`
`2
`
`
`
`IPR2021-01550
`Patent 10,950,300 B2
`
`
`We instituted trial for the above-identified inter partes review
`proceeding (see Paper 11), but we have not yet decided the merits of the
`proceeding, and final written decision has not been entered. Under these
`circumstances, we determine that it is appropriate to terminate the
`proceeding.
`In the Joint Requests, the Parties request that the Agreement and
`Executed Agreement be treated as business confidential information and
`kept separate from the file of the patent involved in the above-captioned
`proceeding. Joint Request-Agreement 1, Joint Request-Executed Agreement
`1. After reviewing the Agreement and Executed Agreement, we determine
`that it is appropriate to treat these documents as business confidential
`information pursuant to 37 C.F.R. § 42.74(c).
`This Order does not constitute a final written decision pursuant to
`35 U.S.C. § 318(a).
`
`III. ORDER
`
`Accordingly, it is:
`ORDERED that the Joint Motion to Terminate is granted, and
`IPR2021-01550 is terminated; and
`FURTHER ORDERED that the Joint Requests to treat the Agreement
`(Ex. 1072) and Executed Agreement (Ex. 1073) as business confidential
`information are granted, and the Agreement and Executed Agreement shall
`be kept separate from the file of U.S. Patent No. 10,950,300 B2, and made
`available only to Federal Government agencies on written request, or to any
`person on a showing of good cause, pursuant to 37 C.F.R. § 42.74(c).
`
`3
`
`
`
`IPR2021-01550
`Patent 10,950,300 B2
`
`
`PETITIONER:
`
`Jeremy Jason Lang
`Christopher Childers
`Parth Sagdeo
`Jared Bobrow
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`ptabdocketjjl2@orrick.com
`ptabdocketc4c8@orrick.com
`ptabdocketp2s7@orrick.com
`ptabdocketj3b3@orrick.com
`
`
`
`PATENT OWNER:
`
`Alan Whitehurst
`James E. Quigley
`Christopher P. McNett
`McKOOL SMITH, P.C.
`awhitehurst@mckoolsmith.com
`jquigley@mckoolsmith.com
`cmcnett@mckoolsmith.com
`
`4
`
`
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