`571-272-7822
`
`Date: December 11, 2013
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INNOLUX CORPORATION
`Petitioner
`
`v.
`
`SEMICONDUCTOR ENERGY
`LABORATORY CO., LTD.
`Patent Owner
`____________
`
`Case IPR2013-00066
`(Patent 7,876,413)
`____________
`
`Before SALLY C. MEDLEY, KARL D. EASTHOM, and KEVIN F. TURNER,
`Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`
`
`JUDGMENT
`Termination of the Proceeding
` 37 C.F.R. § 42.73
`
`On December 4, 2013, the parties filed a joint motion to terminate this
`proceeding, along with a true copy of their written settlement and licensing
`agreements, made in connection with the termination of the instant proceeding, in
`
`
`
`IPR2013-00066
`Patent 7,876,413
`
`accordance with 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Papers 33, 36, and
`37. The parties also filed a joint request to have their settlement and licensing
`agreements treated as confidential business information under 35 U.S.C. § 317(b)
`and 37 C.F.R. § 42.74(c). Paper 34.
`The joint motion to terminate indicates that Petitioner will no longer
`participate in the proceeding even if the Board does not terminate the proceeding.
`Paper 33 at 2. The motion also indicates that all parties to the related litigation
`have agreed to the dismissal of the litigation and a Rule 41 Stipulation of Dismissal
`has been filed with the United States District Court for the Central District of
`California. Id. at 2-3; Paper 35. Lastly, the motion indicates that there is no other
`litigation in any forum or court involving the Patent Owner and the parties who are
`defendants in the California litigation or the patent at issue in this proceeding.
`The Board instituted trial on April 24, 2013. Paper 10. 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 judgment1 without
`rendering a final written decision. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72.
`It is
`ORDERED that the joint motion to terminate IPR2013-00066 is granted;
`FURTHER ORDERED that the proceeding is terminated; and
`FURTHER ORDERED that the parties’ joint request that the settlement and
`licensing agreements be treated as business confidential information kept separate
`from the patent file, and made available only to Federal Government agencies on
`
`
`1 A judgment means a final written decision by the Board, or a termination of a
`proceeding. 37 C.F.R. § 42.2.
`
`
`2
`
`
`
`
`IPR2013-00066
`Patent 7,876,413
`
`written request, or to any person on a showing of good cause, pursuant to 35
`U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is granted.
`
`
`
`For PETITIONER:
`
`Scott McKeown
`Cpdocketmckeown@oblon.com
`
`Gregory S. Cordrey
`gcordrey@jmbm.com
`
`For PATENT OWNER:
`
`Eric Robinson
`erobinson@riplo.com
`
`Sean Flood
`sflood@riplo.com
`
`StanleySchlitter
`sschlitt@steptoe.com
`
`Douglas Peterson
`dpeterson@steptoe.com
`
`
`3
`
`
`
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