`571-272-7822
`
`
`
`
`
`Paper 11
`Entered: November 10, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FUJITSU NETWORK COMMUNICATIONS, INC.
`Petitioner
`
`v.
`
`THOMAS SWAN & CO., LTD
`Patent Owner
`____________
`
`Case IPR2014-01381 (Patent 8,335,033)
`Case IPR2014-01382 (Patent 8,089,683)
`Case IPR2014-01383 (Patent 7,145,710)
`Case IPR2014-01384 (Patent 7,664,395)1
`____________
`
`
`Before GLENN J. PERRY, MICHELLE R. OSINSKI, SCOTT A.
`DANIELS, and BARBARA A. PARVIS, Administrative Patent Judges
`
`
`PERRY, Administrative Patent Judge
`
`
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73
`
`
`On October 28, 2014, the parties filed joint motions2 to terminate each
`
`of the above-captioned proceedings, along with a true copy of their written
`
`
`1 This order deals with issues common to four cases. The parties are not
`authorized to use a joint caption and must file documents separately in each
`case.
`
`
`
`
`
`Cases IPR2014-01381, -01382, -01383, and -01384
`Patents 8,335,033, 8,089,683, 7,145,710, and 7,664,395
`
`settlement agreement3, made in connection with the termination of these
`
`proceedings, in accordance with 35 U.S.C. § 317(b) and 37 C.F.R.
`
`§ 42.74(b). The joint motions to terminate indicate that the settlement
`
`agreement requires the parties to terminate all disputes, including related
`
`matters and litigation involving the U.S. Patents that are the subject of these
`
`proceedings and related District Court litigation. The motions also request
`
`that the Settlement Agreement be maintained as business confidential
`
`information under 37 C.F.R. § 42.74(c).
`
`The Board has not yet instituted trial. At this preliminary stage of the
`
`proceedings, the Board does not have before it full briefing on the trial
`
`issues and the Board has not entered a final decision.
`
`Based on the facts of this case, it is appropriate to enter judgment4
`
`without rendering a final written decision. See 35 U.S.C. § 317(a); 37
`
`C.F.R. § 42.72.
`
`
`
`
`
`
`2 IPR2014-01381, Paper 7; IPR2014-01382, Paper 9; IPR2014-01383, Paper
`9; IPR2014-01384, Paper 9.
`3 IPR2014-01381, Exhibit 2001; IPR2014-01382, Exhibit 2001; IPR2014-
`01383, Exhibit 2001; IPR2014-01384, Exhibit 2001.
`4 A judgment means a final written decision by the Board, or a termination
`of a proceeding. 37 C.F.R. § 42.2.
`
`
`
`
`
`Cases IPR2014-01381, -01382, -01383, and -01384
`Patents 8,335,033, 8,089,683, 7,145,710, and 7,664,395
`
`
`ORDER
`
`It is
`
`ORDERED that the joint motions to terminate the captioned
`
`proceedings are granted;
`
`FURTHER ORDERED that the proceedings are terminated; and
`
`FURTHER ORDERED that the parties’ joint request that the
`
`settlement agreement be treated as business confidential information kept
`
`separate from the patent file, and made available only to Federal
`
`Government agencies on written request, or to any person on a showing of
`
`good cause, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is
`
`granted.
`
`
`
`
`
`
`
`
`
`Cases IPR2014-01381, -01382, -01383, and -01384
`Patents 8,335,033, 8,089,683, 7,145,710, and 7,664,395
`
`
`
`
`For PETITIONER:
`
`
`Christopher E. Calsen
`Nathaniel T. Browand
`Suraj Balusu
`Milbank, Tweed, Hadley & McCoy LLP
`NBrowand@milbank.com
`cchalsen@milbank.com
`sbalusu@milbank.com
`
`
`For PATENT OWNER
`
`Marc M. Wefers
`Karl Renner
`Fish & Richardson P.C.
`Wefers@fr.com
`IPR28733-0005IP2@fr.com
`
`
`
`
`
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