`Date: February 24, 2015
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`Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`IRON DOME LLC,
`Petitioner,
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`v.
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`E-WATCH, INC.,
`Patent Owner.
`_______________
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`Case IPR2014-00439
`Patent 7,365,871 B2
`_______________
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`Before JAMESON LEE, GREGG I. ANDERSON, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
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`LEE, Administrative Patent Judge.
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`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
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`IPR2014-00439
`Patent 7,365,871 B2
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`On February 23, 2015, a telephone conference call was held between
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`respective counsel for the parties and Judges Lee, Anderson, and Clements.
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`The parties sought authorization to file a joint motion to terminate this
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`proceeding on the basis that the parties have settled. During the conference
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`call, the parties also indicated that they will file their settlement agreement
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`and a request to have the settlement agreement treated as business
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`confidential information under 37 C.F.R. § 42.74(c).
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`Generally, the Board expects that a proceeding will terminate after the
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`filing of a settlement agreement. See, e.g., Office Patent Trial Practice
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`Guide, 77 Fed. Reg. 48756, 48768 (Aug. 14, 2012). Any agreement or
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`understanding between the parties made in connection with, or in
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`contemplation of, the termination of a proceeding shall be in writing and a
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`true copy of the agreement shall be filed with the Board prior to termination.
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`37 C.F.R. § 42.74(b).
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`The joint motion to terminate should include: (1) a brief explanation
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`as to why termination as to all parties is appropriate; and (2) the identity of
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`all parties in any related district court case involving the patent at issue in
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`this proceeding and the status of such cases.
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`The joint motion to terminate must be accompanied by a true copy of
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`the fully executed settlement agreement in connection with the termination
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`of that proceeding, as required by 35 U.S.C. § 317(b) and 37 C.F.R.
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`§ 42.74(b). A redacted version of the settlement agreement is not a true
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`copy of the settlement agreement.
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`With respect to having the settlement agreement treated as business
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`confidential information under 37 C.F.R. § 42.74(c), the parties must file the
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`confidential settlement agreement electronically via the Patent Review
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`IPR2014-00439
`Patent 7,365,871 B2
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`Processing System (PRPS). The request to have the settlement agreement
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`treated as business confidential information should be in a submission
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`separate from the Joint Motion to Terminate.
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`Accordingly, it is:
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`ORDERED that the parties are authorized to file a Joint Motion to
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`Terminate Proceeding on the basis that the parties have settled;
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`FURTHER ORDERED that the joint motion is due on March 5, 2015,
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`limited to seven pages;
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`FURTHER ORDERED that the joint motion must be accompanied by
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`a true copy, labeled as an exhibit, of the settlement agreement as required by
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`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b) (upload as “Board Only”); and
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`FURTHER ORDERED that the parties may file a separate joint
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`motion, by March 5, 2015, requesting that the settlement agreement be
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`treated as business confidential information as specified by 37 C.F.R.
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`§ 42.74(c).
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`IPR2014-00439
`Patent 7,365,871 B2
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`For PETITIONER:
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`Steven Yu
`ROZMED LLC
`syu@patent-intercept.com
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`Holly Li
`hyingli@ipadvantages.com
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`For PATENT OWNER:
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`Robert C. Curfiss
`David O. Simmons
`bob@curfiss.com
`dsimmons1@sbcglobal.net
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