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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`
`TOYOTA MOTOR NORTH AMERICA, INC., SUBARU OF AMERICA, INC.,
`AMERICAN HONDA MOTOR CO., INC., NISSAN NORTH AMERICA, INC.,
`FORD MOTOR COMPANY, JAGUAR LAND ROVER NORTH AMERICA,
`LLC, and VOLVO CARS OF NORTH AMERICA, LLC,
`Petitioner
`
`v.
`
`CRUISE CONTROL TECHNOLOGIES LLC,
`Patent Owner
`
`____________
`
`
`CASE IPR: 2014-00280
`Patent 6,324,463
`____________
`
`
`JOINT MOTION TO TERMINATE THE INTER PARTES REVIEW WITH
`RESPECT TO NISSAN NORTH AMERICA, INC.
`
`
`
`
`
`
`
`
`

`

`
`
`Pursuant to 35 U.S.C. § 317(a) and 37 C.F.R. § 42.72, Patent Owner and
`
`Nissan North America, Inc. (“Nissan”) jointly request termination of Inter Partes
`
`Review Case No. IPR2014-00289 with respect to Nissan.
`
`Patent Owner and Nissan respectfully submit that termination is appropriate
`
`because they have reached an agreement resolving the dispute involving the patent
`
`at issue in the above-captioned Inter Partes Review, it is prior to full briefing on the
`
`issues raised in the above-captioned Inter Partes Review, and the Board has not
`
`issued a final written decision. Further, Nissan represents that it will no longer
`
`participate even if the Board does not terminate its participation in the above-
`
`captioned Inter Partes Review. That means Nissan will file no further papers. It
`
`also will not be participating in any oral argument.
`
`As required under 35 U.S.C. §317(b) and 37 C.F.R. § 42.72(b), filed herewith
`
`is a true copy of the written Confidential Settlement Agreement resolving the dispute
`
`in the above-captioned Inter Partes Review and the related litigation. See
`
`Confidential Exhibit 2002.
`
`Also attached as Exhibit A to the written Settlement Agreement is a copy of
`
`the Stipulated Motion for Dismissal With Prejudice of the action in the United States
`
`District Court for the Eastern District of Michigan. Exhibit 2003, which is being
`
`filed concurrently with this Joint Motion, includes the executed Stipulated Motion
`
`for Dismissal With Prejudice and the resulting Order.
`
`
`
`1
`
`

`

`
`
`Patent Owner and Nissan are concurrently filing a Joint Request that the
`
`Settlement Agreement, Confidential Exhibit 2002, shall be treated as business
`
`confidential information, shall be kept separate from the file of the involved patents,
`
`and shall be 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).
`
`
`
`Dated: December 23, 2014
`
`
`
`
`
`Respectfully submitted,
`
`By: /John R. Kasha/
`John R. Kasha
`Reg. No. 53,100
`KASHA LAW LLC
`14532 Dufief Mill Rd.
`North Potomac, MD 20878
`(703) 867-1886, telephone
`(301) 340-3022, facsimile
`Email: john.kasha@kashalaw.com
`Counsel for Patent Owner
`
`By: /Vaibhav P. Kadaba/
`Vaibhav P. Kadaba
`Reg. No. 45,865
`Clay D. Holloway
`Reg. No. 58,011
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street, Suite 2800
`Atlanta, Georgia 30309
`Telephone: 404-815-6500
`Facsimile: 404-541-3258
`Counsel for Nissan North America, Inc.
`
`
`
`2
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`In accordance with 37 C.F.R. § 1.550(f), a copy of JOINT MOTION TO
`
`TERMINATE THE INTER PARTES REVIEW WITH RESPECT TO NISSAN
`
`NORTH AMERICA, INC. filed on December 23, 2014 was duly served via
`
`electronic mail upon Toyota-CCT-IPR@sughrue.com – counsel of record for
`
`Petitioner Toyota Motor North America, Inc., Subaru of America, Inc., American
`
`Honda Motor Co., Inc., Nissan North America, Inc., Ford Motor Company, Jaguar
`
`Land Rover North America, LLC, and Volvo Cars of North America, LLC
`
`(collectively “Petitioner”).
`
`
`
`
`
`Respectfully submitted,
`/John R. Kasha/
`Registration No. 53,100
`Attorney for Patent Owner
`Kasha Law LLC
`14532 Dufief Mill Rd.
`North Potomac, MD 20878
`(703) 867-1886, telephone
`(301) 340-3022, facsimile
`Email: john.kasha@kashalaw.com
`
`
`
`1
`
`

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