`
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`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
`
`
`
`
`
` v.
`
`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
`
`
`
`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. IPR2014-00291 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 conducting any further cross
`
`examination of Patent Owner’s witnesses and 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 1011.
`
`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 1012,
`
`1
`
`
`
`
`
`
`which is being filed concurrently with this Joint Motion, includes the executed
`
`Stipulated Motion for Dismissal With Prejudice and the resulting Order.
`
`Patent Owner and Nissan are concurrently filing a Joint Request that the
`
`Settlement Agreement, Confidential Exhibit 1011, 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).
`
` , 2014
`
`, 2014
`
`
`Dated: December 23
`
`
`
`
`
`
`
`
`
`
`Dated: December 23
`
`
`
`
`
`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
`
`
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the JOINT MOTION TO
`
`TERMINATE THE INTER PARTES REVIEW WITH RESPECT TO NISSAN
`
`NORTH AMERICA, INC. was served on the counsel of record for the Patent Owner
`
`by filing this document through the Patent Review Processing System as well as by
`
`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.
`
`
`
`
`Dated: December 23, 2014
`
`
`
`
`
`
`
`
`
`
`
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