`571-272-7822
`
`
`
`Paper No. 8
`Date Entered: December 7, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WOMBAT SECURITY TECHNOLOGIES, INC.,
`Petitioner,
`
`v.
`
`PHISHME, INC.,
`Patent Owner.
`____________
`
`Case PGR2017-00050
`Patent 9,674,221 B1
`____________
`
`
`
`
`
`
`
`Before JONI Y. CHANG, JENNIFER S. BISK, and AMBER L. HAGY,
`Administrative Patent Judges.
`
`BISK, Administrative Patent Judge.
`
`
`
`
`DECISION
`Granting Joint Motion to Terminate Proceeding
`37 C.F.R. §§ 42.72
`
`
`
`
`
`
`Case PGR2017-00050
`Patent 9,674,221 B1
`
`
`
`I. DISCUSSION
`On December 4, 2017, the parties filed a Joint Motion to Terminate this
`proceeding. Paper 6. The parties also filed a motion to keep the simultaneously
`filed settlement agreement, Exhibit 2001 (designated as “Parties and Board Only”),
`as business confidential information under 37 C.F.R. § 42.74(c). Paper 7.
`This proceeding is still in its preliminary stages. Petitioner, Wombat
`Security Technologies, Inc., filed a Petition requesting post grant review of several
`claims of U.S. Patent No. 9,674,221 B1 (the “’221 patent”). Paper 2. Patent
`Owner, PhishMe, Inc., has not yet filed a Preliminary Response. We have not
`entered a decision on whether to institute a post grant review.
`In the Joint Motion to Terminate, the parties indicate that they have settled
`their dispute regarding the ’221 patent in the related district court litigation.
`Paper 6, 2–3. They also represent that “[t]here are no collateral agreements or
`understandings made in connection with, or in contemplation of, the termination of
`this post grant review.” Id. at 2. Under these circumstances, we determine that it
`is appropriate to terminate this proceeding without rendering any further decisions.
`See 37 C.F.R. § 42.72.
`
`
`II. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the Joint Motion to Terminate Proceeding is granted, and
`FURTHER ORDERED that the joint request that the settlement agreement
`(Ex. 2001) be treated as business confidential information and be kept separate
`from the file of the involved patents under the provisions of 37 C.F.R. § 42.74(c),
`is granted.
`
`
`
`
`2
`
`
`
`Case PGR2017-00050
`Patent 9,674,221 B1
`
`
`
`
`For PETITIONER:
`Mark G. Knedeisen
`Patrick J. McElhinny
`Laurén S. Murray
`K&L GATES, LLP
`mark.knedeisen@klgates.com
`patrick.mcelhinny@klgates.com
`lauren.murray@klgates.com
`
`For PATENT OWNER:
`Mehran Arjomand
`Erol C. Basol
`MORRISON & FOERSTER LLP
`marjomand@mofo.com
`ebasol@mofo.com
`
`
`
`
`
`
`
`
`
`
`3
`
`
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