`Tel: 571-272-7822
`
`
`
`
`
`Paper 34
`Entered: January 26, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`
`
`NETFLIX, INC.,
`Petitioner,
`
`v.
`
`
`
`OPENTV, INC.,
`Patent Owner.
`_______________
`
`Cases IPR2014-00252 (Patent 8,107,786 B2)
`IPR2014-00267 (Patent 7,409,437 B2)
`IPR2014-00269 (Patent 6,233,736 B1)
`_______________
`
`
`Before SALLY C. MEDLEY, JAMES T. MOORE, and JUSTIN BUSCH,
`Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`
`JUDGMENT
`Termination of the Proceeding
` 37 C.F.R. § 42.73
`
`
`
`On January 20, 2015, the parties filed, in each proceeding, a joint motion to
`terminate, along with a true copy of their written agreement, made in connection
`
`
`
`IPR2014-00252 (Patent 8,107,786 B2)
`IPR2014-00267 (Patent 7,409,437 B2)
`IPR2014-00269 (Patent 6,233,736 B1)
`
`with the termination of the respective proceeding, in accordance with 35 U.S.C.
`§ 317(b) and 37 C.F.R. § 42.74(b). The parties also filed a joint request to have
`their agreement treated as confidential business information under 35 U.S.C.
`§ 317(b) and 37 C.F.R. § 42.74(c). See, e.g., IPR2014-00252 (Papers 38, 39;
`Ex. 1008). The joint motions request termination of the proceedings and further
`explain that the parties have stipulated to dismiss, without prejudice, the related
`district court litigations. See, e.g., IPR2014-00252, Paper 38 at 1.
`On June 24, 2014, we instituted trial for each 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 these proceedings, 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 parties’ joint request that the agreement be treated as
`business confidential information, to be kept separate from the patent file, is
`granted;
`FURTHER ORDERED that the joint motions to terminate the proceedings
`are granted; and
`FURTHER ORDERED that the proceedings are terminated.
`
`
`
`
`1 A judgment means a final written decision by the Board, or a termination of a
`proceeding. 37 C.F.R. § 42.2.
`
`
`
`
`IPR2014-00252 (Patent 8,107,786 B2)
`IPR2014-00267 (Patent 7,409,437 B2)
`IPR2014-00269 (Patent 6,233,736 B1)
`
`PETITIONER:
`
`Andrew Ehmke
`Dustin Johnson
`Scott Jarratt
`HAYNES AND BOONE, LLP
`andy.ehmke.ipr@haynesboone.com
`dustin.johnson.ipr@haynesboone.com
`scott.jarratt.ipr@haynesboone.com
`
`
`PATENT OWNER:
`
`Erika Arner
`Joshua Goldberg
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER
`erika.arner@finnegan.com
`joshua.goldberg@finnegan.com
`
`Russell Levine
`Eugene Goryunov
`KIRKLAND & ELLIS, LLP
`russell.levine@kirkland.com
`eugene.goryunov@kirkland.com
`
`
`
`
`
`
`
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