`571-272-7822
`
`
`Paper No. 18
`Entered: February 27, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`JP MORGAN CHASE & CO., and
`JP MORGAN CHASE BANK, N.A.,
`Petitioner,
`
`v.
`
`MAXIM INTEGRATED PRODUCTS, INC.,
`Patent Owner.
`____________
`
`Case CBM2014-00180
`Patent 5,949,880
`____________
`
`
`
`Before TREVOR M. JEFFERSON, MITCHELL G. WEATHERLY, and
`KERRY BEGLEY, Administrative Patent Judges.
`
`BEGLEY, Administrative Patent Judge.
`
`JUDGMENT
`Termination of the Proceeding
`35 U.S.C. § 327(a) and 37 C.F.R. § 42.72
`
`
`
`
`
`
`
`CBM2014-00180
`Patent 5,949,880
`
`
`
`On February 25, 2015, Petitioners JP Morgan Chase & Co. and
`
`JP Morgan Chase Bank, N.A (collectively, “Chase”) and Patent Owner
`
`Maxim Integrated Products, Inc. (“Maxim”) filed a Joint Motion to
`
`Terminate this proceeding pursuant to 35 U.S.C. § 327. Paper 16. Along
`
`with the motion, the parties filed a copy of their Settlement Agreement,
`
`made in connection with the termination of the proceeding, in accordance
`
`with 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(b). Ex. 2002. The parties
`
`also submitted a Joint Request to have the Settlement Agreement treated as
`
`business confidential information under 35 U.S.C. § 327(b) and 37 C.F.R.
`
`§ 42.74(c). Paper 17. For the reasons set forth below, the Joint Motion to
`
`Terminate and the Joint Request are granted.
`
`In their Joint Motion to Terminate, the parties indicate that they have
`
`settled all disputes between them involving the patent-at-issue in this
`
`proceeding, U.S. Patent No. 5,949,880. Paper 16. In particular, the parties
`
`represent that the Settlement Agreement resolves their dispute in this
`
`proceeding and the related district court case. Id.; see Ex. 2001.
`
`This trial is in its initial stages. We instituted trial in this proceeding
`
`on February 20, 2015—just five days before the parties filed the present
`
`motion to terminate. Paper 14. Therefore, Maxim has not filed a Patent
`
`Owner Response, Chase has not filed a Reply, and the Board has not held an
`
`oral hearing in this proceeding.
`
`Generally, the Board expects that “a proceeding will terminate after
`
`the filing of a settlement agreement, unless the Board has already decided
`
`the merits of the proceeding.” Office Patent Trial Practice Guide, 77 Fed.
`
`Reg. 48,756, 48,768 (Aug. 14, 2012); see 37 C.F.R. § 42.72. Upon
`
`
`
`2
`
`
`
`CBM2014-00180
`Patent 5,949,880
`
`
`consideration of the facts before us, we determine that it is appropriate to
`
`terminate this trial without rendering a final written decision, and to enter
`
`judgment. See 37 C.F.R. § 42.72.
`
`For the foregoing reasons, it is:
`
`ORDER
`
`ORDERED that the Joint Motion to Terminate Proceeding Pursuant to
`
`35 U.S.C. § 327 is granted; and
`
`FURTHER ORDERED that the Joint Request to File Settlement
`
`Agreement as Business Confidential Information Under 35 U.S.C. § 327(b)
`
`is granted.
`
`
`
`3
`
`
`
`CBM2014-00180
`Patent 5,949,880
`
`
`PETITIONER:
`
`Andrea G. Reister
`Jay I. Alexander
`Gregory S. Discher
`COVINGTON & BURLING LLP
`One CityCenter
`850 Tenth Street, NW
`Washington, DC 20001-4956
`areister@cov.com
`jalexander@cov.com
`gdischer@cov.com
`
`
`PATENT OWNER:
`
`Kenneth J. Weatherwax
`Parham Hendifar
`GOLDBERG, LOWENSTEIN & WEATHERWAX LLP
`11400 West Olympic Boulevard, Suite 400
`Los Angeles, California 90064
`weatherwax@glwllp.com
`hendifar@glwllp.com
`
`
`
`4
`
`
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