`Trials@uspto.gov
`Tel: 571-272-7822
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` Paper 40
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`Entered: October 8, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`TRULIA, INC.,
`Petitioner,
`
`v.
`
`ZILLOW, INC.,
`Patent Owner.
`_______________
`
`Case CBM2013-00056
`Patent 7,970,674 B2
`_______________
`
`Before JAMESON LEE, JOSIAH C. COCKS, and MICHAEL W. KIM,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`CBM2013-00056
`Patent 7,970,674 B2
`
`
`Introduction
`On October 7, 2014, the parties initiated a joint conference call to seek
`authorization to file a joint motion to terminate proceeding. The participants of the
`call were respective counsel for the parties, and Judges Lee, Cocks, and Kim.
`The parties are authorized to file a joint motion to terminate proceeding.
`Discussion
`Generally, the Board expects that a proceeding will terminate after the filing
`of a settlement agreement. See, e.g., Office Patent Trial Practice Guide, 77 Fed.
`Reg. 48,756, 48,768 (Aug. 14, 2012). The rule governing settlement indicates that
`any agreement between the parties made in connection with, or in contemplation
`of, the termination of a proceeding1 shall be in writing and filed with the Board.
`37 C.F.R. § 42.74.
`The joint motion must include an explanation as to why termination is
`appropriate, preferably including an update of the status of any district court action
`in which Patent Owner with infringement of the involved patent, and the extent to
`which either party will still participate in this proceeding, if it is not terminated.
`The joint motion to terminate must be accompanied by a true copy of the
`settlement agreement in connection with the termination of that proceeding, as
`required by 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). A redacted version of
`the settlement agreement will not be accepted as a true copy of the settlement
`agreement.
`
`
`1 A “proceeding” includes a preliminary proceeding. 37 C.F.R. § 42.2.
`2
`
`
`
`
`
`CBM2013-00056
`Patent 7,970,674 B2
`
`
`With respect to having the settlement agreement treated as business
`confidential information under 37 C.F.R. § 42.74(c), the parties may file a separate
`paper requesting that the settlement agreement be treated as business confidential
`information as specified by 37 C.F.R. 42.74(c). Also, the parties must file the
`confidential settlement agreement electronically via the Patent Review Processing
`System (PRPS) in accordance with the instructions provided on the Board’s
`website (uploading as “Parties and Board Only”). The parties are herein directed
`to FAQ G2 on the Board’s website page at
`http://www.uspto.gov/ip/boards/bpai/prps.jsp for instructions on how to file their
`settlement agreement as confidential.
`
`Order
`
`It is:
`ORDERED that the parties are authorized to file a joint motion to terminate
`proceeding;
`FURTHER ORDERED that the joint motion must be accompanied by a true
`copy, labeled as an exhibit, of the settlement agreement as required by 35 U.S.C.
`§ 317(b) and 37 C.F.R. § 42.74(b);
`FURTHER ORDERED that, for the exhibit that is the settlement agreement,
`the parties may file a separate paper requesting that the settlement agreement be
`treated as business confidential information as specified by 37 C.F.R. § 42.74(c);
`and
`
`FURTHER ORDERED that any confidential settlement agreement must be
`filed electronically via PRPS in accordance with the instructions provided on the
`
`
`
`3
`
`
`
`CBM2013-00056
`Patent 7,970,674 B2
`
`Board’s website (uploading as “Parties and Board Only”).
`
`PETITIONER:
`
`Michael T. Rosato
`Jennifer J. Schmidt
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`jschmidt@wsgr.com
`
`
`PATENT OWNER:
`
`Steven D. Lawrenz
`Ramsey M. Al-Salam
`PERKINS COIE, LLP
`slawrenz@perkinscoie.com
`ralsalam@perkinscoie.com
`
`
`
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`
`4
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`
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