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`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_________________________
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`NISSAN NORTH AMERICA, INC., FORD MOTOR COMPANY, AMERICAN
`HONDA MOTOR CO., INC., JAGUAR LAND ROVER NORTH AMERICA
`LLC, SUBARU OF AMERICA INC., TOYOTA MOTOR NORTH AMERICA,
`INC., AND VOLVO CARS OF NORTH AMERICA LLC,
`Petitioner
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`
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`
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` v.
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`CRUISE CONTROL TECHNOLOGIES LLC,
`Patent Owner
`
`_________________________
`
`CASE IPR: 2014-00291
`Patent 6,324,463
`_________________________
`
`JOINT MOTION TO TERMINATE THE INTER PARTES REVIEW WITH
`RESPECT TO NISSAN NORTH AMERICA, INC.
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`
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`Pursuant to 35 U.S.C. § 317(a) and 37 C.F.R. § 42.72, Patent Owner
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`and Nissan North America, Inc. (“Nissan”) jointly request termination of Inter
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`Partes Review Case No. IPR2014-00291 with respect to Nissan.
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`Patent Owner and Nissan respectfully submit
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`that
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`termination is
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`appropriate because they have reached an agreement resolving the dispute
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`involving the patent at issue in the above-captioned Inter Partes Review, it is
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`prior to full briefing on the issues raised in the above-captioned Inter Partes
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`Review, and the Board has not issued a final written decision. Further, Nissan
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`represents that it will no longer participate even if the Board does not terminate
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`its participation in the above-captioned Inter Partes Review. That means Nissan
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`will file no further papers. It also will not be conducting any further cross
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`examination of Patent Owner’s witnesses and will not be participating in any oral
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`argument.
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`As required under 35 U.S.C. §317(b) and 37 C.F.R. § 42.72(b), filed
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`herewith is a true copy of the written Confidential Settlement Agreement
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`resolving the dispute in the above-captioned Inter Partes Review and the related
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`litigation. See Confidential Exhibit 1011.
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`Also attached as Exhibit A to the written Settlement Agreement is a copy
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`of the Stipulated Motion for Dismissal With Prejudice of the action in the
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`United States District Court for the Eastern District of Michigan. Exhibit 1012,
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`1
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`which is being filed concurrently with this Joint Motion, includes the executed
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`Stipulated Motion for Dismissal With Prejudice and the resulting Order.
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`Patent Owner and Nissan are concurrently filing a Joint Request that the
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`Settlement Agreement, Confidential Exhibit 1011, shall be treated as business
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`confidential information, shall be kept separate from the file of the involved
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`patents, and shall be made available only to Federal Government agencies on
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`written request, or to any person on a showing of good cause pursuant to 35
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`U.S.C. § 317(b) and 37 C.F.R. §42.74(c).
`
` , 2014
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`, 2014
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`Dated: December 23
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`Dated: December 23
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`
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`Respectfully submitted,
`
`
`
`
`By: /s/ Clay D. Holloway
`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
`Tel: (404) 815-6500
`
`Counsel for Petioner Nissan North America,
`Inc.
`
`
`By: /s/ John R. Kasha
`John R. Kasha, Reg. No. 53,100
`Kelly L. Kasha, 67,050
`Kasha Law LLC
`14532 Dufief Mill Road
`North Potomac, MD 20878
`Tel.: (703) 867-1886
`
`Counsel for Cruise Control Technologies LLC
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`2
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the JOINT MOTION TO
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`TERMINATE THE INTER PARTES REVIEW WITH RESPECT TO NISSAN
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`NORTH AMERICA, INC. was served on the counsel of record for the Patent Owner
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`by filing this document through the Patent Review Processing System as well as by
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`delivering a copy via electronic mail on December 23, 2014, upon the following:
`
`
`John R. Kasha, Kasha Law LLC
`john.kasha@kashalaw.com
`
`
`
`By: /s/ Clay D. Holloway
`Registration No. 58,011
`Counsel for Petitioner Nissan North
`America, Inc.
`
`
`
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`Dated: December 23, 2014
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