`571-272-7822
`
`Paper 10
`Entered: January 28, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TOMTOM, INC. AND TOMTOM INTERNATIONAL, B.V.,
`Petitioner,
`
`v.
`
`AMERICAN VEHICULAR SERVICES LLC,
`Patent Owner.
`____________
`
`Case IPR2014-01239
`Patent 8,630,795
`
`
`
`Before TREVOR M. JEFFERSON, SCOTT A. DANIELS, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`JEFFERSON, Administrative Patent Judge.
`
`
`
`DECISION
`Termination of the Proceeding
`37 C.F.R. § 42.72
`
`
`
`IPR2015-01239
`Patent 8,630,795
`
`
`I.
`
`DISCUSSION
`
`On January 9, 2015, the parties filed a Joint Motion to terminate this
`
`proceeding (Paper 7), as well as a Joint Request (Paper 8) to have their
`
`settlement agreement treated as business confidential information under 35
`
`U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). The parties also filed a true copy
`
`of their written settlement agreement. Paper 9. The parties indicated in their
`
`Joint Motion that termination of this proceeding is appropriate because they
`
`have reached an agreement regarding their dispute with respect to U.S.
`
`Patent No. 8,630,795 (“the ’795 patent”). Paper 7, 2.
`
`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.” As the
`
`parties indicate in their Joint Motion, this proceeding is in its early stages.
`
`Paper 7, 2. Patent Owner, American Vehicular Services LLC, did not file a
`
`Preliminary Response and we have not yet instituted a review.
`
`Further, under 37 C.F.R. § 42.74(b), “[a]ny agreement or
`
`understanding between the parties made in connection with, or in
`
`contemplation of, the termination of a proceeding shall be in writing and a
`
`true copy shall be filed with the Board before termination of the trial.” As
`
`the parties have filed their written settlement agreement, we determine that it
`
`is appropriate to terminate this proceeding without rendering a Final
`
`Decision as to the patentability of claims 1–3, 8, 9, 11, 27, 28, 30 of the ’795
`
`patent. See 37 C.F.R. §§ 42.72, 42.73, 42.74.
`
`
`
`
`
`2
`
`
`
`IPR2015-01239
`Patent 8,630,795
`
`
`Accordingly, it is:
`
`II. ORDER
`
`ORDERED that the parties’ Joint Request that the settlement
`
`agreement (Paper 9) be treated as business confidential information under 35
`
`U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) is GRANTED; and
`
`ORDERED that the parties’ Joint Motion to terminate this proceeding
`
`is GRANTED, and this proceeding is hereby terminated.
`
`
`
`3
`
`
`
`IPR2015-01239
`Patent 8,630,795
`
`For PETITIONER:
`
`
`Barry Bretschneider
`Michael Anderson
`BAKER & HOSTETLER LLP
`bbretschneider@bakerlaw.com
`manderson@bakerlaw.com
`
`For PATENT OWNER:
`
`Alisa Lipski
`George Webb
`AHMAD, ZAVITSANOS, ANAIPAKOS,
`ALAVI & MENSING, P.C.
`alipski@azalaw.com
`gwebb@azalaw.com
`
`
`
`
`
`
`
`
`4
`
`
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