`571-272-7822
`
`
`Paper No. 15
`Entered: September 23, 2022
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`
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SNAP INC.,
`Petitioner,
`v.
`UBERFAN, LLC,
`Patent Owner.
`
`
`IPR2022-00753
`Patent 10,963,439 B1
`
`
`Before NEIL T. POWELL, ELIZABETH M. ROESEL, and
`IFTIKHAR AHMED, Administrative Patent Judges.
`POWELL, Administrative Patent Judge.
`
`
`
`DECISION
`Settlement Prior to Institution of Trial
`37 C.F.R. § 42.74
`
`
`
`
`
`
`
`IPR2022-00753
`Patent 10,963,439 B1
`
`
`INTRODUCTION
`I.
`On September 22, 2022, pursuant to our authorization, Petitioner and
`Patent Owner (collectively, “the Parties”) filed a Joint Motion to Terminate
`the above-identified proceeding due to settlement. Paper 13 (“Joint
`Motion”). The Parties also filed a copy of a Confidential Settlement
`Agreement (Ex. 1088 (“Settlement Agreement”)) governing their settlement
`together with a joint request (Paper 14 (“Joint Request”)) that the Settlement
`Agreement be treated as business confidential information and kept separate
`from the publicly available file of the above-captioned proceeding.
`
`II. DISCUSSION
`In the Joint Motion, the Parties represent that they have reached an
`agreement to jointly seek termination of the above-identified inter partes
`review proceeding, and that the filed copy of the Settlement Agreement is a
`“true and correct copy of the written settlement agreement.” Joint Motion 5.
`This proceeding is at an early stage, and we have not yet decided
`whether to institute a trial in the proceeding. In view of the early stage of
`the proceeding and the settlement between the Parties, we determine that it is
`appropriate to terminate the proceeding.
`Further, after reviewing the Parties’ Settlement Agreement, we find
`that the Settlement Agreement contains confidential business information
`regarding the terms of settlement. We determine that good cause exists to
`treat the Settlement Agreement between the Parties as business confidential
`information and to keep the Settlement Agreement separate from the file of
`the patent in the above-captioned proceeding pursuant to 37 C.F.R.
`§ 42.74(c), and therefore grant the portion of the Joint Request to keep the
`Settlement Agreement separate from the file of the subject patent.
`2
`
`
`
`
`
`IPR2022-00753
`Patent 10,963,439 B1
`
`
`However, we deny the portion of the Joint Request seeking an order
`from the Board that, in the event a person or entity makes a written request,
`as stated in 37 C.F.R. § 42.74(c)(1)-(2) for access to the Settlement
`Agreement, any such written request be served upon the parties on the day
`the written request is provided to the Board. Joint Request 2. Our rules do
`not include such a requirement.
`
` 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 IPR2022-00753 is
`granted, and the proceeding is terminated; and
`
`FURTHER ORDERED that the Joint Request is granted in part and
`denied in part in the manner noted above; and
`
`FURTHER ORDERED that the Settlement Agreement shall be kept
`separate from the file of Patent 10,963,439 B1 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
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`
`
`IPR2022-00753
`Patent 10,963,439 B1
`
`PETITIONER:
`Daniel Yannuzzi
`Timothy Cremen
`Eric Gill
`SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
`dyannuzzi@sheppardmullin.com
`tcremen@sheppardmullin.com
`egill@sheppardmullin.com
`
`
`PATENT OWNER:
`
`Howard Wisnia
`WISNIA PC
`howard@wisnialaw.com
`
`Nicholas Wyss
`NIX PATTERSON, LLP
`nwyss@nixlaw.com
`
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`
`4
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