`571-272-7822
`
`
`
`
` Paper 38
` Entered: May 21, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WAVEMARKET INC. d/b/a LOCATION LABS,
`Petitioner,
`
`v.
`
`LOCATIONET SYSTEMS LTD.,
`Patent Owner.
`____________
`
`Case IPR2014-00920
`Patent 6,771,970 B1
`
`
`
`Before KRISTEN L. DROESCH, GLENN J. PERRY, and
`SHERIDAN K. SNEDDEN, Administrative Patent Judges.
`
`DROESCH, Administrative Patent Judge.
`
`DECISION
`Termination
`35 U.S.C. § 317(b), 37 C.F.R. §§ 42.72, 42.74(c)
`
`
`
`On May 13, 2015, the parties filed a Joint Motion to Terminate this
`proceeding. Paper 36. Accompanying the Motion, the parties filed true
`copies of a Settlement Agreement (Ex. 1121) and a Collateral Agreement
`(Ex. 1122) associated with the Settlement Agreement. The parties also filed
`a joint request for the Settlement Agreement and Collateral Agreement to be
`
`
`
`
`
`Case IPR2014-00920
`Patent 6,771,970 B1
`
`treated as business confidential information, to be kept separate from the
`patent file pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper
`37.
`
`The parties state in their Joint Motion to Terminate:
` Termination of this proceeding as to both parties, without
`rendering a final written decision, is appropriate because (i) the
`trial is at a sufficiently early stage and the record is incomplete;
`(ii) the parties have settled their disputes in this proceeding and
`the related litigation; (iii) the parties to this inter partes review
`agree that it should be terminated; and (iv) public policy
`strongly favors settlement.
`
`
`Paper 36, 3.
`
`Specifically, the parties assert the record in this proceeding is
`incomplete and at an early stage because Petitioner did not file a reply to
`address Patent Owner’s Response, and no actions have been taken in
`accordance with DUE DATES 4 through 7. Paper 36, 4. The parties also
`indicate the only outstanding motions before the Board are a fully briefed
`Motion to Seal and for Entry of Protective Order and a fully briefed Motion
`for Additional Discovery. Id.
`Based on the facts in the case before us, it is appropriate to terminate
`this proceeding without rendering a final written decision. 37 C.F.R.
`§ 42.72. Therefore, the joint motion to terminate the proceeding is granted.
`As noted above, Patent Owner’s Motion for Additional Discovery
`(Paper 16) and Petitioner’s Motion to Seal and for Entry of Protective Order
`(Paper 26) are pending. Because this proceeding is terminated without
`rendering a final written decision, Patent Owner’s Motion for Additional
`Discovery and Petitioner’s Motion to Seal and for Entry of Protective Order
`
`
`
`2
`
`
`
`Case IPR2014-00920
`Patent 6,771,970 B1
`
`are dismissed as moot. The subject papers of Petitioner’s Motion to Seal,
`Exhibit 1119 and Paper 27 (Patent Owner’s unredacted Response) are
`hereby expunged.
`
`ORDER
`
`It is
`ORDERED that that the Joint Motion to Terminate the proceeding is
`granted;
` FURTHER ORDERED that the parties’ joint request that the
`Settlement Agreement (Ex. 1121) and Collateral Agreement (Ex. 1122) be
`treated as business confidential information, to be kept separate from the file
`of U.S. Patent No. 6,771,970, and made available only under the provisions
`of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is granted;
`FURTHER ORDERED that Patent Owner’s Motion for Additional
`Discovery (Paper 16) is dismissed as moot;
`FURTHER ORDERED that Petitioner’s Motion to Seal and for Entry
`of Protective Order (Paper 26) is dismissed as moot;
`FURTHER ORDERED that Exhibit 1119 and Paper 27 (Patent
`Owner’s unredacted Response) are hereby expunged; and
`FURTHER ORDERED that this proceeding is hereby
`TERMINATED.
`
`
`
`
`3
`
`
`
`Case IPR2014-00920
`Patent 6,771,970 B1
`
`PETITIONER:
`Mark L. Hogge
`Scott W. Cummings
`DENTONS US LLP
`mark.hogge@dentons.com
`scott.cummings@dentons.com
`
`PATENT OWNER:
`Thomas Engellenner
`Reza Mollaaghababa
`Andy Chan
`PEPPER HAMILTON LLP
`engellennert@pepperlaw.com
`mollaaghababar@pepperlaw.com
`chana@pepperlaw.com
`
`
`
`
`
`4
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