`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`ORACLE CORPORATION, NETAPP INC., and
`HUAWEI TECHNOLOGIES CO., LTD.,
`
`Petitioners,
`
`v.
`
`CROSSROADS SYSTEMS, INC.,
`
`Patent Owner.
`
`____________
`
`Case IPR2014-01209
`
`U.S. Patent No. 7,051,147
`
`____________
`
`JOINT MOTION TO TERMINATE
`AS TO HUAWEI TECHNOLOGIES CO., LTD.,
`
`
`
`
`
`
`
`
`
`Joint Motion to Terminate As To
`Huawei Technologies Co., Ltd.
`Case IPR2014-01209
`U.S. Patent No. 7,051,147
`
`Pursuant to 35 U.S.C. § 317(a)-(b) and 37 C.F.R. § 42.74(a)-(b), Petitioner
`
`
`
`Huawei Technologies Co., Ltd. (“Huawei”) and Patent Owner Crossroads Systems,
`
`Inc. (“Crossroads”) jointly move to terminate this proceeding as to Huawei
`
`Technologies Co., Ltd., but not Oracle Corporation or NetApp, Inc. The Board
`
`authorized this motion in an email from Ms. Vignone dated September 10, 2015.
`
`The parties agree that termination of this proceeding as to Huawei is
`
`appropriate because Huawei and Crossroads have resolved their dispute concerning
`
`the patent at issue in this proceeding, U.S. Patent No. 7,051,147 (“the ‘147
`
`patent”). To this end, Huawei and Crossroads have entered into a written
`
`agreement that memorialized the understanding between the parties and terminated
`
`the underlying district court litigation between them, captioned Crossroads
`
`Systems Inc. v. Huawei Technologies Co. Ltd., et al., No. 1:13-cv-01025-SS (W.D.
`
`Tex.). That case will be dismissed with prejudice pursuant the terms of the
`
`settlement agreement. By granting the present motion, the Board and the parties
`
`can conserve resources and continue this proceeding in an efficient manner.
`
`The present motion to terminate as to Huawei does not affect Oracle or
`
`NetApp, who intend to continue this proceeding. The district court litigation
`
`between Oracle and Crossroads remains pending, which is captioned Crossroads
`
`Systems Inc. v. Oracle Corporation, No. 1:13-cv-00895-SS (W.D. Tex.) and the
`
`
`
`
`
`1
`
`
`
`Joint Motion to Terminate As To
`Huawei Technologies Co., Ltd.
`Case IPR2014-01209
`U.S. Patent No. 7,051,147
`
`
`district court litigation between NetApp and Crossroads remains pending, which is
`
`captioned Crossroads Systems Inc. v. Net App, Inc., No. 1:14-cv-00149-SS (W.D.
`
`Tex.). Trial dates have not been set in any of the pending litigations involving the
`
`‘147 patent.
`
`In accordance with 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b), this joint
`
`motion is accompanied by a true copy of the written agreement between Huawei
`
`and Crossroads that resolves their dispute regarding the ‘147 patent. See Exhibit
`
`12351 (filed herewith). Huawei and Crossroads desire that the Settlement
`
`Agreement be maintained as business confidential information under 37 C.F.R. §
`
`42.74(c) and a separate joint request to that effect is being filed concurrently.
`
`
`
`
`
`
`1 The Settlement Agreement is being filed electronically via the Patent Review
`
`Processing System (PRPS) as “Board Only.”
`
`
`
`
`
`2
`
`
`
`Joint Motion to Terminate As To
`Huawei Technologies Co., Ltd.
`Case IPR2014-01209
`U.S. Patent No. 7,051,147
`
`In accordance with 35 U.S.C. § 317(a), because the parties jointly request
`
`
`
`termination as to Huawei, no estoppel under 35 U.S.C. § 315(e) shall attach to
`
`Huawei.
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: September 22, 2015
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Customer Number
` 22850
`Tel. (703) 413-3000
`Fax. (703) 413-2220
`
`
`Respectfully submitted,
`OBLON, MCCLELLAND, MAIER
`& NEUSTADT, LLP
`
`
`
`
`
`/ Greg H. Gardella /
`Greg H. Gardella
`Reg. No. 46,045
`
`
`
`
`
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies service of JOINT
`
`MOTION TO TERMINATE AS TO HUAWEI TECHNOLOGIES CO., LTD. on
`
`the counsel of record for the Patent Owner by filing this document through the
`
`Patent Review Processing System as well as delivering a copy via electronic mail
`
`to the following address:
`
`Steven Sprinkle
`John Adair
`Scott Crocker
`SPRINKLE IP LAW GROUP
`crossroadsipr@sprinklelaw.com
`
`Russell Wong
`James H. Hall
`Keith Rutherford
`BLANK ROME LLP
`CrossroadsIPR@blankrome.com
`
`
`
`
`/ Greg H. Gardella /
`Greg H. Gardella
`Reg. No. 46,045
`
`
`
`
`
`
`
`
`
`
`Dated: September 22, 2015
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