`571.272.7822
` Filed: January 26, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICROSOFT CORP.,
`Petitioner,
`
`v.
`
`VIRNETX, INC.,
`Patent Owner.
`____________
`
`Case IPR2014-00610
`Patent 7,490,151 B2
`____________
`
`Before MICHAEL P. TIERNEY, KARL D. EASTHOM, and
`STEPHEN C. SIU, Administrative Patent Judges.
`
`EASTHOM, Administrative Patent Judge.
`
`
`
`
`
`
`JUDGMENT
`Termination of the Proceedings
`35 U.S.C. § 317
`37 C.F.R. §§ 42.72, 42.73, 42.74
`
`
`On December 19, 2014, and pursuant to 35 U.S.C. § 317(b) and
`37 C.F.R. § 42.74, the parties filed a copy of a settlement agreement (Ex.
`
`
`
`IPR2014-00610
`Patent 7,490,151 B2
`
`
`
`2036) along with a joint request to treat the settlement agreement as business
`confidential, to be separate from the patent file (Paper 15). In addition, the
`parties filed a joint motion to terminate the proceeding pursuant to 35 U.S.C.
`§ 317. Paper 14.
`Patent Owner has not filed a Patent Owner Response. Issues raised
`during the trial have not been briefed fully, and the Board has not decided
`the merits of the proceeding. Based on the facts of this case, it is appropriate
`to enter judgment.1 Therefore, the joint motion to terminate the proceeding
`is GRANTED.
`Accordingly, it is
`ORDERED that the parties’ request that the settlement agreement be
`treated as business confidential information, to be kept separate from the
`patent file, is GRANTED;
`FURTHER ORDERED that the joint motion to terminate the
`proceeding is GRANTED;
`FURTHER ORDERED that the proceeding is TERMINATED.
`
`
`
`
`1 A judgment means a final written decision by the Board, or a termination
`of a proceeding. 37 C.F.R. § 42.2.
`
`2
`
`
`
`
`
`
`
`
`IPR2014-00610
`Patent 7,490,151 B2
`
`For PETITIONER:
`W. Karl Renner
`Kevin E. Greene
`FISH & RICHARDSON P.C.
`axf@fr.com
`IPR38868-0007IP1@fr.com
`
`For PATENT OWNER:
`
`Joseph E. Palys
`Naveen Modi
`PAUL HASTINGS LLP
`josephpalys@paulhastings.com
`naveenmodi@paulhastings.com
`
`Jason E. Stach
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`jason.stach@finnegan.com
`
`
`
`3