`571-272-7822
`
`
`
`Paper 33
`Entered: September 17, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HTC CORPORATION, HTC AMERICA, INC.,
`SAMSUNG ELECTRONICS LTD., and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`v.
`
`E-WATCH, INC. and E-WATCH CORPORATION,
`Patent Owner.
`
`
`
`IPR2014-00987 (Patent 7,365,871 B2)1
`IPR2014-00989 (Patent 7,643,168 B2)2,3
`
`
`
`Before JAMESON LEE, GREGG I. ANDERSON, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`
`DECISION
`Joint Motion to Terminate
`37 C.F.R. § 42.5(a), 42.71(a)
`
`
`
`
`
`1 Case IPR2015-00541 has been joined with this proceeding.
`2 Case IPR2015-00543 has been joined with this proceeding.
`3 This order addresses an issue that is identical in both cases. Therefore, we
`exercise discretion to issue one order to be filed in each of the two cases.
`The parties, however, are not authorized to use this style heading.
`
`
`
`IPR2014-00987 (Patent 7,365,871 B2)
`IPR2014-00989 (Patent 7,643,168 B2)
`
`
`On September 11, 2015, Petitioner HTC Corporation and HTC
`
`America, Inc. (“HTC”) and Petitioner Samsung Electronics Co., Ltd. and
`
`Samsung Electronics America, Inc. (“Samsung”) (collectively, “Petitioners”)
`
`and Patent Owner e-Watch, Inc. and e-Watch Corporation (“e-Watch) filed a
`
`“Joint Motion to Terminate” based on a settlement agreement that resolves
`
`the parties’ disputes related to the challenged patent. Paper 31.4 The parties
`
`concurrently filed a copy of the settlement agreement between HTC and e-
`
`Watch (Ex. 1013) and a copy of the settlement agreement between Samsung
`
`and e-Watch (Ex. 1014), along with a “Joint Request to Treat the Settlement
`
`Agreements as Business Confidential Information Under 35 U.S.C. § 317(b)
`
`and 37 C.F.R. 42.74(c).” Paper 32; see also 37 C.F.R. § 42.74(c) (“A party
`
`to a settlement may request that the settlement be treated as business
`
`confidential information and be kept separate from the files of an involved
`
`patent or application.”).
`
` Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
`
`this chapter shall be terminated with respect to any petitioner upon the joint
`
`request of the petitioner and patent owner, unless the Office has decided the
`
`merits of the proceeding before the request for termination is filed.”
`
`We have not yet decided the merits of this proceeding. Under these
`
`circumstances, we determine that it is appropriate to terminate this
`
`proceeding as to both Petitioners and Patent Owner without rendering a final
`
`written decision. See 37 C.F.R. § 42.72.
`
`
`
`
`
`4 Citations are to the filings in IPR2014-00987, unless otherwise noted.
`
`2
`
`
`
`IPR2014-00987 (Patent 7,365,871 B2)
`IPR2014-00989 (Patent 7,643,168 B2)
`
`
`ORDER
`
`Accordingly, it is
`
`ORDERED that the Joint Motion to Terminate is granted; and
`
`FURTHER ORDERED that the settlement agreements (Exhibits 1013
`
`and 1014 in IPR2014-00987 and Exhibits 1011 and 1012 in IPR2014-00989)
`
`be treated as business confidential information and be kept separate from the
`
`files of the involved U.S. Patent Nos. 7,635,871 B2 and 7,643,168 B2.
`
`3
`
`
`
`IPR2014-00987 (Patent 7,365,871 B2)
`IPR2014-00989 (Patent 7,643,168 B2)
`
`For PETITIONER:
`
`Bing Ai
`Cheng C. (Jack) Ko
`Kevin Patariu
`Babak Tehranchi
`PERKINS COIE LLP
`
`Steven L. Park
`Naveen Modi
`Elizabeth Brann
`PAUL HASTINGS LLP
`stevenpark@paulhastings.com
`naveenmodi@paulhastings.com
`elizabethbrann@paulhastings.com
`
`
`
`For PATENT OWNER:
`
`Robert C. Curfiss
`bob@curfiss.com
`
`
`and
`
`David O. Simmons
`IVC Patent Agency
`dsimmons1@sbcglobal.net
`
`
`
`4
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