`571-272-7822
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`Paper 14
`Entered: March 19, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`APPLE, INC.,
`Petitioner,
`
`v.
`
`CONTENTGUARD HOLDINGS, INC.,
`Patent Owner.
`
`
`Case CBM2015-00042
`Patent 8,583,556 B2
`
`
`Before JAMESON LEE, JENNIFER S. BISK, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`
`JUDGMENT
`Termination of Proceeding
`37 C.F.R. § 42.72
`
`
`
`
`
`
`
`
`CBM2015-00042
`Patent 8,583,556 B2
`
`
`On March 9, 2014, the parties filed a Joint Motion to Terminate this covered
`business method patent review with respect to both Petitioner (“Apple”) and Patent
`Owner (“ContentGuard”). Paper 13. A written agreement to terminate this
`proceeding was filed, on March 9, 2015, as Exhibit 1027.
`
`Section 18(a) of the Leahy-Smith America Invents Act, Pub. L. No. 112-29,
`125 Stat. 284, 329 (2011), provides that a covered business method patent review
`“shall be regarded as, and shall employ the standards and procedures of, a post-
`grant review” with certain exceptions. The exceptions do not include 35 U.S.C.
`§ 327(a).
`
`Under 35 U.S.C. § 327(a), “[a] post-grant review instituted under this
`chapter shall be terminated with respect to any petitioner upon the joint request of
`the petitioner and the patent owner, unless the Office has decided the merits of the
`proceeding before the request for termination is filed.” Also under 35 U.S.C.
`§ 327(a), “[i]f no petitioner remains in the post-grant review, the Office may
`terminate the post-grant review or proceed to a final written decision under section
`328(a).”
`This proceeding is in its preliminary stage. Apple’s Petition was filed on
`December 12, 2014. ContentGuard has not yet filed a Preliminary Response, the
`due date of which has not passed. The Board has not yet instituted trial on any
`challenged claim. Although no review has been instituted, Apple, the sole
`Petitioner here, has indicated its desire to withdraw from the proceeding, which
`would leave no entity acting as Petitioner.
`
`-2-
`
`
`
`
`
`CBM2015-00042
`Patent 8,583,556 B2
`
`We determine that, on these circumstances, it is appropriate to terminate the
`
`proceeding both as to Apple and ContentGuard without rendering a Final Written
`Decision See 35 U.S.C. § 327(a); 37 C.F.R. § 42.72.
`
`It is
`ORDERED that the Joint Motion to Terminate CBM2015-00042 is granted,
`
`and this proceeding is hereby terminated as to all parties including Apple as
`Petitioner and ContentGuard as Patent Owner.
`
`-3-
`
`
`
`For PETITIONER:
`Jeffrey Kushan
`Michael Franzinger
`iprnotices@sidley.com
`
`For PATENT OWNER:
`
`Thomas Lebens
`Timothy Malony
`Robert Cote
`tom@fitcheven.com
`tpmalo@fitcheven.com
`rcote@mckoolsmith.com
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