`Tel: 571-272-7822
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`Paper 15
`Entered: December 20, 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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`STARWOOD HOTELS AND RESORTS WORLDWIDE, INC.
`Petitioner
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`v.
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`LONE STAR WIFI, LLC
`Patent Owner
`____________
`
`Case IPR2014-00102
`Patent 7,490,348 B1
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`Before JUSTIN T. ARBES, BRYAN F. MOORE, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
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`ARBES, Administrative Patent Judge.
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`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73
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`On December 12, 2013, the Board authorized the parties to file a joint
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`motion to rescind the judgment previously entered in the instant proceeding
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`and terminate the proceeding on the basis of the parties’ settlement. Paper
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`11. The parties filed their joint motion on December 17, 2013. Paper 12;
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`Case IPR2014-00102
`Patent 7,490,348 B1
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`see 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. The parties also filed a copy of
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`their written settlement agreement (Exhibit 1017) and a request (Paper 13) to
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`treat the settlement agreement as business confidential information under
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`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
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`Before being terminated by virtue of the earlier judgment, this
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`proceeding was still in the preliminary stages. Patent Owner had not yet
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`filed a preliminary response and the Board had not yet determined whether
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`to institute an inter partes review. Petitioner also filed a “Notice of
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`Non-Participation” stating that it no longer intended to participate in the
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`proceeding. Paper 5. The parties further represent that the related district
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`court litigation involving the challenged patent was terminated based on the
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`parties’ settlement agreement. Paper 12 at 1. The parties identify no other
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`related matters. Under the circumstances, the Board determines that it is
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`appropriate to terminate the proceeding without rendering a final written
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`decision. See 37 C.F.R. § 42.72.
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`In consideration of the foregoing, it is hereby:
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`ORDERED that the judgment entered on December 4, 2013 in this
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`proceeding is withdrawn;
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`FURTHER ORDERED that the parties’ joint request that the
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`settlement agreement (Exhibit 1017) be treated as business confidential
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`information, kept separate from the file of Patent 7,490,348 B1, and made
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`available only to Federal Government agencies on written request, or to any
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`person on a showing of good cause, under 35 U.S.C. § 317(b) and 37 C.F.R.
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`§ 42.74(c), is granted; and
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`FURTHER ORDERED that the joint motion to terminate the
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`proceeding is granted and this proceeding is hereby terminated.
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`2
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`Case IPR2014-00102
`Patent 7,490,348 B1
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`PETITIONER:
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`Scott A. McKeown
`Greg Gardella
`OBLON, SPIVAK, McCLELLAND, MAIER & NEUSTADT, L.L.P.
`CPDocketMcKeown@oblon.com
`CPDocketGardella@oblon.com
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`PATENT OWNER:
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`Abraham Hershkovitz
`Eugene Rzucidlo
`HERSHKOVITZ & ASSOCIATES, PLLC
`ahershkovitz@hershkovitz.net
`GRzucidlo@Hershkovitz.net
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`3
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