`571-272-7822
`
`
`
`
`
` Paper 16
`Entered: April 27, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`
`APPLE INC.,
`and
`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 April 22, 2015, Petitioner Apple Inc. and Patent Owner filed a
`joint motion to terminate the instant proceedings pursuant to a settlement
`agreement. IPR2014-01035, Paper 14; IPR2014-01036, Paper 13.3 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 2001. 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 15.
`The instant proceeding is in its early trial stage, before the due date for
`patent owner’s response. The parties state that Petitioner Apple will not
`participate further in the proceedings even if the Board does not grant the
`motion to terminate. We determine that termination as to Petitioner is
`proper, as we have not decided the merits of the proceeding.
`Upon consideration of the requests before us and based on the facts of
`this case, 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 as to Petitioner Apple only;
`
`
`3 The filings in each of these proceedings are identical, and, therefore, we
`refer from here on to the filings in case IPR2014-01035.
`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)
`
`
`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.
`
`
`
`
`Case IPR2014-01035 (Patent 5,659,891)
`Case IPR2014-01036 (Patent 5,915,210)
`
`PETITIONER:
`
`For Apple Inc.:
`W. Karl Renner
`Thomas Rozylowicz
`FISH & RICHARDSON P.C.
`axf@fr.com
`IPR39521-0003IP2@fr.com
`
`For T-Mobile USA, Inc. and T-Mobile US, Inc.:
`Pierre J. Hubert
`Steven J. Pollinger
`MCKOOL SMITH, P.C.
`phubert@mckoolsmith.com
`spollinger@mckoolsmith.com
`
`
`
`PATENT OWNER:
`John R. Kasha
`Kelly Kasha
`KASHA LAW LLC
`john.kasha@kashalaw.com
`Kelly.kasha@kashalaw.com
`
`Craig Jepson
`REED & SCARDINO LLP
`cjepson@reedscardino.com
`
`
`
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