`
`Trials@uspto.gov
`Date: May 4, 2023
`
`571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS, LLC,
`Petitioner,
`
`v.
`
`TOPIA TECHNOLOGY, INC.,
`Patent Owner.
`
`
`IPR2022-00782
`Patent 10,067,942 B2
`
`
`Before MINN CHUNG, JOHN A. HUDALLA, and JOHN R. KENNY,
`Administrative Patent Judges.
`
`KENNY, Administrative Patent Judge.
`
`
`
`TERMINATION
`Dismissal After Institution of Trial
`37 C.F.R. § 42.72
`
`
`
`
`
`IPR2022-00782
`Patent 10,067,942 B2
`
`
`I.
`INTRODUCTION
`Unified Patents, LLC (“Petitioner”) and Topia Technology, Inc.
`(“Patent Owner”) filed a Joint Motion to Terminate This Proceeding.
`Paper 29 (“Mot.”). The parties state that they “conferred on March 27,
`2023, and agreed to this motion.” Mot. 2.
`II. DISCUSSION
`Our rules provide that “[t]he Board may terminate a trial without
`rendering a final written decision, where appropriate.” 37 C.F.R. § 42.72;
`see also Nevakar, Inc. v. Cipla Ltd., IPR2019-01446, Paper 15 at 2 (PTAB
`April 20, 2020) (granting a joint motion to terminate, “[n]otwithstanding that
`the proceeding has moved beyond the preliminary stage,” because the parties
`showed that “good cause exists to terminate the proceeding.”).
`Petitioner and Patent Owner argue that there is good cause to
`terminate this proceeding for the following reasons:
`(1) “the entirety of the briefing has not been completed in this
`proceeding” and “[t]he preservation of resources would be real and
`substantial for the Board and the parties,” Mot. 2;
`(2) “Unified has recently sought to reallocate its resources in light of
`budget constraints and does not wish to expend further resources on this
`matter,” Mot. 2; see also Mot. 2–3 (“Unified seeks to reallocate its budgets
`and resources and . . . does not wish to spend additional resources on this
`proceeding.”);
`(3) “Patent Owner would not be prejudiced by dismissal and the
`Board’s subsequent termination of this matter,” Mot. 3; and
`(4) “[t]ermination will achieve a just, speedy, and inexpensive
`resolution of the dispute . . . [and w]ithdrawal is also in the interest of
`
`2
`
`
`
`IPR2022-00782
`Patent 10,067,942 B2
`
`justice, as the parties have no other dispute, and termination will resolve
`matters.” Mot. 2.
`Petitioner and Patent Owner “confirm that, beyond conferring with
`[one another] regarding [their respective] position[s] on this motion, there
`are no agreements between the parties, written or otherwise.” Mot. 3.
`For the reasons above, we agree with Petitioner and Patent Owner that
`good cause exists and that it is appropriate to terminate the proceeding,
`without rendering a final written decision. See Nevakar, Paper 15 at 2
`(determining that dismissal was appropriate where the parties represented
`that “their resources would best be reserved by terminating the proceeding”
`and no agreement was filed with joint motion to terminate.). Thus, we
`exercise our discretion and dismiss this petition under 37 C.F.R. § 42.72 and
`terminate the proceeding without rendering a final written decision.
`III. ORDER
`
`Accordingly, it is
`ORDERED that the parties’ Joint Motion to Terminate This
`Proceeding (Paper 29) is granted; and
`FURTHER ORDERED that this trial is terminated under 37 C.F.R.
`§ 42.72, and no final written decision will be rendered in this proceeding.
`
`
`3
`
`
`
`IPR2022-00782
`Patent 10,067,942 B2
`
`For PETITIONER:
`
`Michelle Aspen
`Roshan Mansinghani
`UNIFIED PATENTS, LLC
`michelle@unifiedpatents.com
`roshan@unifiedpatents.com
`
`
`For PATENT OWNER:
`
`Raja Saliba
`Chidambaram Iyer
`Michael Dzwonczyk
`Lawrence Rachuba
`SUGHRUE MION, PLLC
`rsaliba@sughrue.com
`ciyer@sughrue.com
`mdzwonczyk@sughrue.com
`lrachuba@sughrue.com
`
`
`
`4
`
`
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