`571-272-7822
`
`
` Paper 21
`
`
` Entered: May 28, 2015
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`
`
`T-MOBILE USA, INC., and T-MOBILE US, INC.,
`Petitioner,
`
`v.
`
`MOBILE TELECOMMUNICATIONS TECHNOLOGIES, LLC,
`Patent Owner.
`
`_______________
`
`Case IPR2014-01035 (Patent 5,659,891)1
`Case IPR2014-01036 (Patent 5,915,210)2
`_______________
`
`
`Before MIRIAM L. QUINN, MEREDITH C. PETRAVICK, and
`SCOTT A. DANIELS, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`JUDGMENT
`Termination of Proceeding
`37 C.F.R. § 42.72
`
`
`
`
`1 This case was joined with IPR2015-00018 on Apr. 8, 2015. Paper 16.
`2 This case was joined with IPR2015-00015 on Apr. 8, 2015. Paper 15.
`
`
`
`Case IPR2014-01035 (Patent 5,659,891)
`Case IPR2014-01036 (Patent 5,915,210)
`
`
`On May 19, 2015, Petitioner T-Mobile USA, Inc. and T-Mobile
`
`US, Inc. (“T-Mobile”) and Patent Owner filed a joint motion to terminate the
`
`instant proceedings pursuant to a settlement agreement. IPR2014-01035,
`
`Paper 19; IPR2014-01036, Paper 18.3 The parties also filed, with “Board
`
`only” accessibility, 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). Exhibit 2003.
`
`Additionally, the parties submitted 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 20.
`
`The instant proceeding is in its early trial stage, before the due date for
`
`patent owner’s response. The parties state that Petitioner T-Mobile will not
`
`participate further in the proceedings even if the Board does not grant the
`
`motion to terminate. Paper 19, 3. We determine that termination as to
`
`Petitioner is proper, as we have not decided the merits of the proceeding.
`
`Patent Owner filed separately, as Exhibit 2004, additional and lengthy
`
`arguments as to why it would be appropriate for the panel to terminate the
`
`proceeding as to Patent Owner. Those arguments should have been
`
`presented in the body of the motion, not as an attachment to the motion, as
`
`the arguments form part of the full statement of the reasons for the relief
`
`requested in a motion to terminate. See 37 C.F.R. §42.22(a)(2). Therefore,
`
`the arguments presented in Exhibit 2004 will not be considered.
`
`
`3 The filings in each of these proceedings are identical, and, therefore, we
`refer from here on to the filings in case IPR2014-01035.
`
`
`
`Case IPR2014-01035 (Patent 5,659,891)
`Case IPR2014-01036 (Patent 5,915,210)
`
`
`Upon consideration of the arguments presented in the motion, based
`
`on the facts of this case, and the need to conserve Board resources, it is
`
`appropriate to enter judgment.4 See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72.
`
`Accordingly, it is:
`
`
`
`ORDERED that the joint motions to terminate IPR2014-01035 and
`
`IPR2014-01036 are granted;
`
`FURTHER ORDERED that the instant proceedings are hereby
`
`terminated in their entirety;
`
`FURTHER ORDERED that the parties’ joint requests that the
`
`settlement and agreement be treated as business confidential information
`
`kept separate from the patent file, and made available only as provided by
`
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), are granted.
`
`
`
`
`4 A judgment means a final written decision by the Board, or a termination
`of a proceeding. 37 C.F.R. § 42.2.
`
`
`
`Case IPR2014-01035 (Patent 5,659,891)
`Case IPR2014-01036 (Patent 5,915,210)
`
`PETITIONER:
`
`For T-Mobile USA, Inc. and T-Mobile US, Inc.:
`Pierre J. Hubert (Reg. No. 45,826)
`Steven J. Pollinger (Reg. No. 35,326)
`McKool Smith, P.C.
`300 West 6th Street, Suite 1700
`Austin, TX 78701
`phubert@mckoolsmith.com
`spollinger@mckoolsmith.com
`
`
`
`PATENT OWNER:
`John R. Kasha (Reg. No. 53,100)
`Kelly Kasha (Reg. No. 47,743)
`KASHA LAW LLC
`14532 Dufief Mill Rd.
`North Potomac, MD 20878
`john.kasha@kashalaw.com
`Kelly.kasha@kashalaw.com
`
`Craig Jepson (Reg. No. 33,517)
`Reed & Scardino LLP
`301 Congress Avenue, Suite 1250
`Austin, TX 78701
`cjepson@reedscardino.com
`
`
`
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