`571-272-7822
`
`Date: February 10, 2014
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`ZYNGA INC.
`Petitioner
`
`v.
`
`PERSONALIZED MEDIA COMMUNICATIONS, LLC
`Patent Owner
`
`____________
`
`Case IPR2013-00164
`Patent 7,797,717
`____________
`
`
`Before SALLY C. MEDLEY, KARL D. EASTHOM, and JONI Y. CHANG,
`Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`
`
`JUDGMENT
`Termination of the Proceeding
` 37 C.F.R. § 42.73
`
`On February 7, 2013, the parties filed a joint motion to terminate this
`
`proceeding, along with a true copy of their written settlement agreement, made in
`
`connection with the termination of the instant proceeding, in accordance with 35
`
`
`
`
`
`IPR2013-00164
`Patent 7,797,717
`
`U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Paper 22. The parties also request to
`
`have their settlement agreement treated as confidential business information under
`
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Id.
`
`The joint motion to terminate states that the parties jointly request
`
`termination of this proceeding and that termination is proper because the issues
`
`raised during the trial have not been fully briefed and the Board has not yet decided
`
`the merits of the proceeding. The motion also indicates that a trial was held in the
`
`related litigation with respect to the ’717 patent, and that judgment was entered in
`
`favor of Zynga based on a jury’s finding of no infringement; a directed verdict was
`
`entered in favor of PMC as to the issue of validity; and the judgment is not being
`
`appealed. Id. The Board instituted trial on July 25, 2013. Paper 10. At this
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`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 IPR2013-00164 is granted;
`
`FURTHER ORDERED that the proceeding is terminated; and
`
`FURTHER ORDERED that the parties’ joint request that the settlement and
`
`agreement be treated as business confidential information kept separate from the
`
`patent file, and made available only to Federal Government agencies on 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.
`
`
`1 A judgment means a final written decision by the Board, or a termination of a
`proceeding. 37 C.F.R. § 42.2.
`
`
`2
`
`
`
`
`IPR2013-00164
`Patent 7,797,717
`
`
`
`
`
`
`For PETITIONER:
`
`David Cochran
`dcochran@jonesday.com
`
`Joseph Sauer
`jmsauer@jonesday.com
`
`Louis Touton
`lltouton@jonesday.com
`
`David Wu
`dwwu@jonesday.com
`
`For PATENT OWNER:
`
`Thomas Scott, Jr.
`tscott@goodwinprocter.com
`
`Stephen Schreiner
`sschreiner@goodwinprocter.com
`
`3
`
`
`
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