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`Paper No. 7
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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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`GIANT MANUFACTURING CO., LTD., AND GIANT BICYCLE, INC.,
`Petitioner
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`v.
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`DW-LINK INCORPORATED
`Patent Owner
`U.S. Patent No. 7,128,329
`Issued: October 31, 2006
`Inventor: David Weagle
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`TITLE: VEHICLE SUSPENSION SYSTEM
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`________________________________
`Case Number: IPR2014-00706
`________________________________
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`JOINT MOTION OF PETITIONER AND PATENT OWNER TO
`TERMINATE PROCEEDING
`PURSUANT TO 35 U.S.C. § 317
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`Paper No. 7
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`Pursuant to 35 U.S.C. § 317, and the Board’s Authorization provided in an
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`email dated June 20, 2014, Petitioner Giant Manufacturing Co., Ltd., and Giant
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`Bicycle, Inc. (Giant) and Patent Owner DW-Link Incorporated (DW-Link) jointly
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`request termination of the Inter Partes Review of U.S. Patent No. 7,128,329, Case
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`No. IPR2014-00706.
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`Giant filed its petition for Inter Partes review under 35 U.S.C. §§ 311 et seq.
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`and 37 C.F.R. § 42.100 et seq. on April 29, 2014. Paper 1. A corrected Petition was
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`filed on May 8, 2014. Paper 4. DW-Link filed its Mandatory Notice of Patent Owner
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`on May 22, 2014. Paper 6.
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`On or about June 18, 2014, the parties settled their dispute and reached
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`agreement to terminate this inter partes review along with a pending litigation
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`between the parties regarding the patent under review, as well as other pending
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`matters between the parties. A true and correct copy of the parties’ “Global
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`Settlement Agreement and Mutual Release” is filed as an Exhibit concurrently
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`herewith pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). The parties
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`agreement to terminate this inter partes review applies to all parties and all claims of
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`the inter partes review, as well as all parties to the litigation..
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`As authorized by 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), the parties
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`request that the “Global Settlement Agreement and Mutual Release” filed as an
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`Exhibit concurrently herewith be treated as business confidential information and
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`kept separate from the files of this Inter Partes Review of U.S. Patent No. 7,128,329,
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`Paper No. 7
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`Case No. IPR2014-00706 and of the ’329 Patent. Accordingly, this Exhibit has been
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`marked “CONFIDENTIAL” and filed electronically as a confidential exhibit in the
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`Patent Review Processing System.
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`The parties submit that termination is appropriate for the following reasons.
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`The Board is required by statute to terminate this proceeding pursuant to 35
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`U.S.C. § 317(a) which states: “An inter partes review instituted under this chapter
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`shall be terminated with respect to any petitioner upon the joint request of the
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`petitioner and the patent owner, unless the Office has decided the merits of the
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`proceeding before the request for termination is filed.” This is not a case where “the
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`Office has decided the merits of the proceeding.” This IPR is at a relatively early
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`stage of the proceeding. The Patent Owner has not yet filed a Preliminary Response.
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`The Patent Trial And Appeal Board (“PTAB”) has not yet made a decision on the
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`Petition. Therefore, termination is appropriate.
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`The parties identify the following related proceedings:
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`Giant Manufacturing Co., Ltd., And Giant Bicycle, Inc., v. DW-Link
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`Incorporated, United States Patent And Trademark Office, Before The Patent Trial
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`And Appeal Board, Case Number: IPR2014-00707 (Status: Joint Motion to
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`Terminate Concurrently Filed).
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`Paper No. 7
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`DW Link, Incorporated v. Giant Bicycle, Inc. and Giant Manufacturing Co.,
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`Ltd., Civil Action No. 2:13-cv-000801, US District Court for the Central District of
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`California (Status: Stipulation for Dismissal filed June 19, 2014).
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`Therefore, Giant and DW-Link jointly request termination of the Inter Partes
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`Review of U.S. Patent No. 7,128,329, Case No. IPR2014-00706.
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`June 23, 2014
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`Vierra Magen Marcus LLP
`575 Market Street, Suite 3750
`San Francisco, CA 94105
`P: (415)489-4100
`F: (415)489-4150
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`Stahl Law Firm
`2 Meadowsweet Lane
`San Carlos, CA 94070
`P: (650)802-8800
`F: (650)802-8480
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`/Burt Magen/
`Vierra Magen Marcus LLP
`Burt Magen
`Reg. No. 37, 175
`bmagen@vierramagen.com
`Counsel for Petitioner
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`/ Norbert Stahl/
`Stahl Law Firm
`Norbert Stahl
`Reg. No. 44,350
`nstahl@patentlawservice.com
`Counsel for Patent Owner
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`3
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`Paper No. 7
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, the undersigned hereby certifies that service
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`was made on Patent Owner as detailed below.
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`Date of Service:
`Manner of Service:
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`Documents Served:
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`June 23, 2014
`Electronic Mail;
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`JOINT MOTION OF PETITIONER AND PATENT
`OWNER TO TERMINATE PROCEEDING
`PURSUANT TO 35 U.S.C. § 317
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` Persons Served:
`Stahl Law Firm
`Norbert Stahl
`Reg. No. 44,350
`nstahl@patentlawservice.com
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` Dated: June 23, 2014
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`Vierra Magen Marcus LLP
`575 Market Street, Suite 3750
`San Francisco, CA 94105
`P: (415)489-4100
`F: (415)489-4150
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`Respectfully submitted,
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`/Burt Magen/
`Vierra Magen Marcus LLP
`Burt Magen
`Reg. No. 37, 175
`bmagen@vierramagen.com
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`4
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