`Date: November 3, 2014
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FINISAR CORP.,
`Petitioner,
`
`v.
`
`THOMAS SWAN & CO. LTD.,
`Patent Owner.
`_______________
`
`IPR2014-00461
`Patent 7,664,395 B2
`____________
`
`Before SALLY C. MEDLEY, MICHELLE R. OSINSKI, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`JUDGMENT
`Termination of the Proceeding
` 37 C.F.R. § 42.73
`
`
`
`On October 29, 2014, the parties filed a joint motion to terminate this
`proceeding, along with a true copy of their written settlement agreement, made in
`connection with the termination of the instant proceeding, in accordance with
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Paper 16; Ex. 2009. The parties also
`
`
`
`IPR2014-00461
`Patent 7,664,395 B2
`
`
`filed a joint request to have their settlement agreement treated as confidential
`business information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper
`16.
`
`
`
`The joint motion to terminate indicates that the settlement agreement
`requires the parties to terminate all disputes, including related matters and
`litigation involving U.S. Patent No. 7,664,395. Id. at 2–4.
`The Board instituted trial on August 21, 2014. Paper 9. At this juncture of
`the proceeding, the Board does not have before it full briefing on the trial issues
`and the Board has not entered a final decision.
`Based on the facts of this case, it is appropriate to enter judgment1 without
`rendering a final written decision. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72.
`It is
`ORDERED that the joint motion to terminate IPR2014-00461 is granted;
`FURTHER ORDERED that the proceeding is terminated; and
`FURTHER ORDERED that the parties’ joint request that the settlement
`agreement be treated as business confidential information kept separate from the
`patent file, and 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), is granted.
`
`
`
`
`
`
`
`
`
`
`1 A judgment means a final written decision by the Board, or a termination of a
`proceeding. 37 C.F.R. § 42.2.
`
`
`2
`
`
`
`
`
`
`
`
`IPR2014-00461
`Patent 7,664,395 B2
`
`For PETITIONER:
`
`David Radulescu
`Gregory Maskel
`RADULESCU LLP
`david@radulescullp.com
`greg@radulescullp.com
`
`Kurt Rauschenbach
`RAUSCHENBACH PATENT LAW GROUP
`kurt@rauschenbach.com
`
`For PATENT OWNER:
`
`Marc M. Wefers
`W. Karl Renner
`FISH & RICHARDSON P.C.
`wefers@fr.com
`IPR28733-002IP1@fr.com
`
`
`3
`
`
`