`571-272-7822
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`Paper 44
`Entered: October 16, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`TRULIA, INC.,
`Petitioner,
`
`v.
`
`ZILLOW, LLC,
`Patent Owner.
`
`
`Case CBM2013-000561
`Patent 7,970,674
`
`
`Before JAMESON LEE, JOSIAH C. COCKS, and MICHAEL W. KIM,
`Administrative Patent Judges.
`
`KIM, Administrative Patent Judge.
`
`
`ORDER
`Termination of Proceeding
`37 C.F.R. § 42.72
`
`On October 10, 2014, the parties filed a joint motion to terminate this inter
`
`
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`partes review with respect to both Petitioner (“Trulia”) and Patent Owner
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`(“Zillow”). Paper 42. Also on October 10, 2014, the parties filed a copy of their
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`written settlement agreement (Ex. 1023) covering U.S. Patent No. 7,970,674
`
`(Ex. 1001, “the ’674 patent”) involved in this covered business method patent
`
`1 Case CBM2014-00115 has been joined with this proceeding.
`
`
`
`Case CBM2013-00056
`Patent 7,970,674
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`review, and a joint request to have their settlement agreement treated as business
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`confidential information under 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(c).
`
`Paper 41.
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`
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`Under 35 U.S.C. § 327(a), “[a] post-grant review instituted under this
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`chapter shall be terminated with respect to any petitioner upon the joint request of
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`the petitioner and the patent owner, unless the Office has decided the merits of the
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`proceeding before the request for termination is filed.” The requirement for
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`terminating review with respect to Petitioner is met.
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`
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`Under 35 U.S.C. § 327(a), “[i]f no petitioner remains in the post-grant
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`review, the Office may terminate the post-grant review or proceed to a final written
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`decision under section 328(a).” Trulia is the sole petitioner in this review. The
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`Board has discretion to terminate this review with respect to Zillow as Patent
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`Owner.
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`
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`In the joint motion, the parties indicate that their settlement agreement
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`provides for dismissal of related civil litigation between Trulia and Zillow,
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`involving the ’674 patent, in the Western District of Washington, if the Board
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`grants the motion to terminate the proceeding. Paper 42, 2-3. The motion
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`identifies the civil action as Zillow, Inc. v. Trulia, Inc., No. 2:12-cv-01549-FLP
`
`(W.D. Wash.) Id. at 3.
`
`The parties indicate that there has been no cross-examination of witnesses,
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`and that Petitioner has not yet filed a Reply in this proceeding. Id. The joint
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`motion indicates also that neither party will continue to participate in this
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`proceeding. Id.
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`
`
`
`-2-
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`
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`Case CBM2013-00056
`Patent 7,970,674
`
`
`The Board determines that in these circumstances it is appropriate to
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`terminate review as to both Trulia and Zillow without rendering a final written
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`decision See 35 U.S.C. § 327(a); 37 C.F.R. § 42.72.
`
`
`
`
`
`It is
`
`ORDERED that the joint motion to terminate CBM2013-00056 is granted,
`
`and this inter partes review is hereby terminated as to all parties, including Trulia
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`as the Petitioner and Zillow as the Patent Owner; and
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`
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`FURTHER ORDERED that the parties’ joint request (Paper 41) to have
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`their settlement agreement (Ex. 2001) treated as business confidential information
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`under 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(c) is granted.
`
`
`
`
`
`
`-3-
`
`
`
`Case CBM2013-00056
`Patent 7,970,674
`
`
`
`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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