`Trials@uspto.gov
`571-272-7822 Entered: August 20, 2014
`
`
`
`
`
`
`
`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.
`
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73
`
`
`
`On August 7, 2014, and pursuant to 35 U.S.C. § 327 and 37 C.F.R.
`§ 42.74, the parties filed a joint motion to terminate the proceeding. Paper 8.
`In the joint motion, the parties represent that Petitioner and Patent Owner
`have settled their dispute with respect to the involved patent. According to
`
`
`
`Case CBM2014-00090
`Patent 5,805,702
`
`the motion, the parties jointly filed a stipulation of dismissal in the related
`district court case, Maxim Integrated Products, Inc. v. Groupon, Inc., No.
`2:12-cv-881-JFC (W.D. Pa.). Ex. 1012. The parties represent that the joint
`stipulation dismisses all claims against Petitioner relating to the involved
`patent and serves as a written agreement between the parties to settle their
`dispute. Paper 8, 1. On August 1, 2014, the related case was dismissed with
`prejudice. Ex. 1013. Lastly, the motion indicates that there is no other
`pending litigation based on the involved patent.
`On August 15, 2014, and in response to an order from the Board
`seeking clarification regarding the joint motion to terminate (Paper 10), the
`parties filed a written certification. Paper 11. Specifically, the parties
`certify in writing that there are no other written or oral agreements or
`understandings, including any collateral agreements, between them,
`including but not limited to licenses, covenants not to sue, confidentiality
`agreements, payment agreements, or other agreements of any kind, that are
`made in connection with, or in contemplation of, the termination of the
`instant proceeding. Id. at 1-2.
`This case is in the preliminary proceeding1 stage; no institution of a
`trial has been made. Based on the facts of this case, it is appropriate to enter
`judgment.2 Therefore, the joint motion to terminate the proceeding is
`granted.
`
`
`
`1 A preliminary proceeding begins with the filing of a petition for instituting
`a trial and ends with a written decision as to whether a trial will be instituted.
`37 C.F.R. § 42.2.
`2 A judgment means a final written decision by the Board, or a termination
`of a proceeding. 37 C.F.R. § 42.2.
`
`
`
`2
`
`
`
`Case CBM2014-00090
`Patent 5,805,702
`
`
`Accordingly, it is
`ORDERED that the joint motion to terminate the proceeding is
`granted; and
`FURTHER ORDERED that the proceeding is terminated.
`
`
`
`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
`
`
`
`
`
`
`
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`
`
`
`
`3
`
`
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