`571-272-7822
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`Date: February 10, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`ZYNGA INC.
`Petitioner
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`v.
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`PERSONALIZED MEDIA COMMUNICATIONS, LLC
`Patent Owner
`
`____________
`
`Case IPR2013-00171
`Patent 7,734,251
`____________
`
`
`Before SALLY C. MEDLEY, KARL D. EASTHOM, and JONI Y. CHANG,
`Administrative Patent Judges.
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`MEDLEY, Administrative Patent Judge.
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`
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`JUDGMENT
`Termination of the Proceeding
` 37 C.F.R. § 42.73
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`On February 7, 2013, the parties filed a joint motion to terminate this
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`proceeding, along with a true copy of their written settlement agreement, made in
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`connection with the termination of the instant proceeding, in accordance with 35
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`
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`IPR2013-00171
`Patent 7,734,251
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`U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Paper 22. The parties also request to
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`have their settlement agreement treated as confidential business information under
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`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Id.
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`The joint motion to terminate states that the parties jointly request
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`termination of this proceeding and that termination is proper because the issues
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`raised during the trial have not been fully briefed and the Board has not yet decided
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`the merits of the proceeding. The motion also indicates that prior to trial in the
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`related litigation, PMC agreed to dismiss its claims of infringement of the asserted
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`claims of the ’251 patent. Id. The Board instituted trial on July 25, 2013. Paper 9.
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`At this juncture of the proceeding, the Board does not have before it full briefing
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`on the trial issues and the Board has not entered a final decision.
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`Based on the facts of this case, it is appropriate to enter judgment1 without
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`rendering a final written decision. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72.
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`It is
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`ORDERED that the joint motion to terminate IPR2013-00171 is granted;
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`FURTHER ORDERED that the proceeding is terminated; and
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`FURTHER ORDERED that the parties’ joint request that the settlement and
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`agreement be treated as business confidential information kept separate from the
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`patent file, and made available only to Federal Government agencies on written
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`request, or to any person on a showing of good cause, pursuant to 35 U.S.C. §
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`317(b) and 37 C.F.R. § 42.74(c), is granted.
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`1 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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`
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`IPR2013-00171
`Patent 7,734,251
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`For PETITIONER:
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`David Cochran
`dcochran@jonesday.com
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`Joseph Sauer
`jmsauer@jonesday.com
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`Louis Touton
`lltouton@jonesday.com
`
`David Wu
`dwwu@jonesday.com
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`For PATENT OWNER:
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`Thomas Scott, Jr.
`tscott@goodwinprocter.com
`
`Stephen Schreiner
`sschreiner@goodwinprocter.com
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`3
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