`Trials@uspto.gov
`Tel: 571-272-7822
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` Paper 11
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` Entered: February 12, 2013
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
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`INTERNATIONAL BUSINESS MACHINES CORPORATION
`Petitioner
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`v.
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`FINANCIAL SYSTEMS TECHNOLOGY
`(INTELLECTUAL PROPERTY) PTY. LTD.
`Patent Owner
`_______________
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`Case IPR2013-00078
`Patent RE40,526
`_______________
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`Before SALLY C. MEDLEY, KARL D. EASTHOM, and STEPHEN C.
`SIU, Administrative Patent Judges.
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`MEDLEY, Administrative Patent Judge.
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`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73
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`On February 8, 2013, and pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
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`§ 42.74, the parties filed a copy of a settlement agreement along with a joint
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`request to treat the settlement agreement as business confidential, to be kept
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`Case IPR2013-00078
`Patent RE40,526
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`separate from the patent file. In addition, the parties filed a joint motion to
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`terminate the proceeding pursuant to 35 U.S.C. § 317.
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`This case is in the preliminary proceeding1 stage; no institution of a trial has
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`been made. Based on the facts of this case, it is appropriate to enter judgment.2
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`Therefore, the joint motion to terminate the proceeding is GRANTED.
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`Accordingly, it is
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`ORDERED that the parties’ joint request that the settlement agreement be
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`treated as business confidential information, to be kept separate from the patent file
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`is GRANTED; and
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`FURTHER ORDERED that the joint motion to terminate the proceeding is
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`GRANTED; and
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`FURTHER ORDERED that the proceeding is TERMINATED.
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`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.
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`2
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`Case IPR2013-00078
`Patent RE40,526
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`PETITIONER:
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`Kenneth R. Adamo
`Joel R. Merkin
`KIRKLAND & ELLIS LLP
`Email: kenneth.adamo@kirkland.com
`Email: joel.merkin@kirkland.com
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`PATENT OWNER:
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`Scott A. McKeown
`Michael L. Kiklis
`OBLON, SPIVAK, McCLELLAND,
`MAIER & NEUSTADT, L.L.P.
`Email: CPdocketMcKeown@oblon.com
`Email: CPdocketKiklis@oblon.com
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`3
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