`571-272-7822
`
`
`
`
`Paper 38
`Date: April 16, 2015
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICROSOFT CORPORATION and APPLE INC.,
`Petitioner,
`
`v.
`
`VIRNETX INC.,
`Patent Owner.
`____________
`
`Case IPR2014-004031
`Patent 7,987,274 B2
`____________
`
`
`Before MICHAEL P. TIERNEY, KARL D. EASTHOM, and STEPHEN C.
`SIU, Administrative Patent Judges.
`
`TIERNEY, Administrative Patent Judge.
`
`
`
`DECISION
`Joint Motion to Terminate
`37 C.F.R. § 42.72
`
`
`
`
`
`
`1 Case IPR2014-00483 has been joined with this case. Going forward, the
`caption will be changed to reflect that Microsoft is no longer a party to the
`proceeding.
`
`
`
`IPR2014-00403
`Patent 7,987,274 B2
`
`
`
`
`
`
`
`
`Patent Owner and Microsoft filed a joint motion to terminate the trial
`
`proceedings as to a subset of Petitioner under 35 U.S.C. § 317(a). Paper 28.
`
`Along with the motion to terminate, Patent Owner and Microsoft filed a joint
`
`request to treat the settlement agreements as business confidential
`
`information under 35 U.S.C. § 317 and 37 C.F.R. § 42.74(c) (Papers 29 and
`
`30) and filed copies of documents they described as the written settlement
`
`agreements (Exhibit 2044).
`
`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
`
`this chapter shall be terminated with respect to any petitioner upon the joint
`
`request of the petitioner and patent owner, unless the Office has decided the
`
`merits of the proceeding before the request for termination is filed.”
`
`Generally, Patent Owner and Microsoft state that termination with respect to
`
`Microsoft is appropriate as the Board has not decided the merits of the
`
`proceeding and as Microsoft will no longer be participating as a party in the
`
`proceeding. As we have not yet decided the merits of the proceeding, we
`
`hold that it is appropriate to terminate this proceeding with respect to
`
`Microsoft. Additionally, we grant Patent Owner and Microsoft’s request to
`
`treat the settlement agreement as business confidential information.
`
`
`
`Accordingly, it is:
`
`ORDER
`
`ORDERED that the joint motion to terminate the involvement of the
`
`Microsoft is granted;
`
`FURTHER ORDERED that, going forward, Microsoft shall no longer
`
`be listed on the caption;
`
`2
`
`
`
`
`IPR2014-00403
`Patent 7,987,274 B2
`
`
`
`FURTHER ORDERED that the joint request that the settlement
`
`
`
`agreement (Exhibit 2044) be treated as business confidential information,
`
`kept separate from the file of the involved patent, and made available only to
`
`Federal Government agencies on written request, or to any person on a
`
`showing of good cause, under the provisions of 35 U.S.C. § 317(b) and
`
`37 C.F.R. § 42.74(c), is granted.
`
`
`
`Petitioner:
`
`Walter Renner
`axf@fr.com
`
`Jeffrey Kushan
`jkushan@sidley.com
`
`Kevin Greene
`IPR38868-0003IP1@fr.com
`
`Joseph Micallef
`jmicallef@sidley.com
`
`
`Patent Owner:
`
`Joseph Palys
`josephpalys@paulhastings.com
`
`Jason Stach
`jason.stach@finnegan.com
`
`Naveen Modi
`naveenmodi@paulhastings.com
`
`
`
`
`3
`
`
`
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