`Date entered: August 5, 2014
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GROUPON, INC.,
`Petitioner,
`
`v.
`
`MAXIM INTEGRATED PRODUCTS, INC.,
`Patent Owner.
`____________
`
`Case CBM2014-00090
`Patent 5,805,702
`____________
`
`
`
`Before SALLY C. MEDLEY, MITCHELL G. WEATHERLY, and
`MIRIAM L. QUINN Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
` 37 C.F.R. § 42.5
`
`
`Petitioner filed a petition for a covered business method patent review
`on March 14, 2014. Patent Owner filed a preliminary response on June 27,
`2014. On August 1, 2014, the parties informed the Board that the parties
`have reached a settlement agreement. The parties seek authorization from
`
`
`
`Case CBM2014-00090
`Patent 5,805,702
`
`the Board to file a joint motion to terminate the proceeding pursuant to
`35 U.S.C. § 327.
`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. 48756, 48768 (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.
`Based on the facts of this proceeding, the parties are authorized to,
`and shall file, in addition to the settlement agreement, a joint motion to
`terminate the proceeding briefly explaining why termination is appropriate
`in this case. The parties also must file, as an exhibit, a true copy of their
`settlement agreement to terminate the proceeding. Any request that the
`agreement be treated as business confidential information and be kept
`separate from the files of the involved patent must be filed with the
`settlement agreement. 37 C.F.R. § 42.74(c). The parties are directed to
`FAQ G3 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 (e.g., uploading as “Parties and
`Board Only”).
`The joint motion to terminate and the settlement agreement shall be
`filed no later than August 8, 2014.
`Accordingly, it is
`ORDERED that the parties are authorized to file a joint motion to
`terminate the proceeding;
`
`1 A “proceeding” includes a preliminary proceeding. 37 C.F.R. § 42.2.
`
`
`
`2
`
`
`
`Case CBM2014-00090
`Patent 5,805,702
`
`
`FURTHER ORDERED that the joint motion is due no later than
`August 8, 2014; and
`FURTHER ORDERED that the joint motion shall be accompanied by
`a true copy of the settlement agreement as required by 37 C.F.R. § 42.74(b);
`FURTHER ORDERED that the parties may request 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 the Patent Review Processing System
`(PRPS) in accordance with the instructions provided on the Board’s website
`(e.g., uploading as “Parties and Board Only”).
`
`
`3
`
`
`
`
`
`
`
`
`
`Case CBM2014-00090
`Patent 5,805,702
`
`PETITIONER:
`
`James C. Yoon
`Matthew A. Argenti
`WILSON SONSINI GOODRICH & ROSATI P.C.
`groupon-maxim@wsgr.com
`margenti@wsgr.com
`
`PATENT OWNER:
`
`Kenneth J. Weatherwax
`Parham Hendifar
`GOLDBERG, LOWENSTEIN & WEATHERWAX LLP
`weatherwax@glwllp.com
`hendifar@glwllp.com
`
`
`
`
`
`
`
`
`4
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