`571-272-7822
`
`Date: October 14, 2014
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`EBAY ENTERPRISE, INC. and EBAY, INC.,
`Petitioner,
`
`v.
`
`LAWRENCE B. LOCKWOOD,
`Patent Owner.
`____________
`
`Case CBM2014-00026
`Patent 5,576,951
`____________
`
`Before SALLY C. MEDLEY, MICHAEL W. KIM, and
`BENJAMIN D. M. WOOD, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73
`
`
`
`On October 9, 2014, and pursuant to 35 U.S.C. § 327(b) and 37 C.F.R.
`§ 42.74, the parties filed a true copy of a settlement agreement along with a joint
`request to treat the settlement agreement as business confidential, to be kept
`
`
`
`CBM2014-00026
`Patent 5,576,951
`
`separate from the patent file. Paper 44; Ex. 2030. In addition, the parties filed a
`joint motion to terminate the proceeding pursuant to 35 U.S.C. § 327. Paper 42. In
`the joint motion, the parties represent that the settlement agreement filed on
`October 9, 2014 is a true copy and resolves all disputes between the parties. Id. at
`2–4.
`This covered business method patent review was instituted on May 15, 2014.
`Paper 25. At this juncture of the proceeding, the Board does not have before it full
`briefing on the trial issues and the Board has not entered a final decision. Based on
`the facts of this case, it is appropriate to enter judgment.1 Therefore, the joint
`motion to terminate the proceeding is granted.
`Accordingly, it is
`ORDERED that the parties’ joint request that the settlement agreement be
`treated as business confidential information, to be kept separate from the patent file
`is granted; and
`FURTHER ORDERED that the joint motion to terminate the proceeding is
`granted; and
`FURTHER ORDERED that the proceeding is terminated.
`
`
`
`
`
`
`
`
`
`
`
`1 A judgment means a final written decision by the Board, or a termination of a
`proceeding. 37 C.F.R. § 42.2.
`
`2
`
`
`
`
`CBM2014-00026
`Patent 5,576,951
`
`For PETITIONERS:
`Don Daybell
`James Maune
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`D2DPTABDocket@orrick.com
`JJMPTABDocket@orrick.com
`
`For PATENT OWNER:
`
`Robert Greene Sterne
`Donald J. Featherstone
`Jason D. Eisenberg
`Byron L. Pickard
`Richard M. Bemben
`STERNE KESSLER GOLDSTEIN & FOX PLLC
`rsterne@skgf.com
`donf-PTAB@skgf.com
`jasone-PTAB@skgf.com
`bpickard-PTAB@skgf.com
`rbemben-PTAB@skgf.com
`
`
`
`3
`
`
`