`Tel: 571-272-7822
`
`
`
`Paper 25
`Entered: August 6, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`LG ELECTRONICS, INC., LG ELECTRONICS U.S.A., INC., and
`LG ELECTRONICS MOBILECOMM U.S.A., INC.,
`Petitioner,
`v.
`CYPRESS SEMICONDUCTOR CORP.,
`Patent Owner.
`_______________
`
`Cases1 IPR2014-01386 (Patent 6,012,103)
`IPR2014-01396 (Patent 6,249,825 B1)
`IPR2014-01405 (Patent 6,493,770 B1)
`_______________
`
`Before SALLY C. MEDLEY, DONNA M. PRAISS, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`PRAISS, Administrative Patent Judge.
`
`
`JUDGMENT
`Granting Joint Motion to Terminate the Proceeding
`37 C.F.R. §§ 42.72, 42.73
`ORDER
`Dismissing Patent Owner’s Motion to Seal
`37 C.F.R. §§ 42.14, 42.54
`
`
`1 This Decision addresses issues that are identical in all three cases. We exercise
`our discretion to issue one Decision to be filed in each case.
`
`
`
`IPR2014-01386 (Patent 6,012,103)
`IPR2014-01396 (Patent 6,249,825 B1)
`IPR2014-01405 (Patent 6,493,770 B1)
`
`
`On July 31, 2015, the parties filed a joint motion to terminate this
`
`proceeding, as authorized by the Board on July 29, 2015. The parties also filed a
`
`true copy of their written 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) and confirmed by email to the Board dated August 5, 2015. In addition,
`
`the parties filed a joint request to have their agreement treated as confidential
`
`business information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). See, e.g.,
`
`IPR2014-01386 (Papers 22, 23; Ex. 2061). The joint motion requests termination
`
`of the proceedings and further explains that the related litigation has been
`
`dismissed with an order dismissing Patent Owner’s claims with prejudice and
`
`Petitioner’s counterclaims without prejudice.
`
`At this juncture in the proceedings, a decision to institute trial was entered
`
`and Patent Owner filed a response along with an unopposed motion to seal
`
`Exhibits2 2029, 2030, 2038–2045, 2047–2050, 2053, and 2054 accompanied by a
`
`proposed protective order. Petitioner’s reply is not yet due. See, e.g., IPR2014-
`
`01386 (Papers 8, 18, 19, 20, 21). At this stage in the proceedings, therefore, the
`
`Board does not have before it full briefing on the trial issues, the case has not been
`
`heard, and the Board has not entered a final decision.
`
`Based on the facts of these cases, it is appropriate to enter judgment3 without
`
`rendering a final written decision. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. In
`
`entering judgment, we find it unnecessary to rely on documents the Patent Owner
`
`
`2 The exhibit numbers are the same in each of Patent Owner’s motions to seal in
`the captioned proceedings.
`3 A judgment means a final written decision by the Board, or a termination of a
`proceeding. 37 C.F.R. § 42.2.
`
`
`
`IPR2014-01386 (Patent 6,012,103)
`IPR2014-01396 (Patent 6,249,825 B1)
`IPR2014-01405 (Patent 6,493,770 B1)
`
`seeks to maintain as sealed, and, therefore, we expunge from the record the sealed
`
`documents and dismiss the Patent Owner’s motions to seal.
`
`It is
`
`ORDERED that the parties’ joint requests that the agreement be treated as
`
`business confidential information are granted;
`
`FURTHER ORDERED that the joint motions to terminate the proceedings
`
`are granted;
`
`FURTHER ORDERED that the proceedings are terminated;
`
`FURTHER ORDERED that Patent Owner’s motions to seal exhibits 2029,
`
`2030, 2038–2045, 2047–2050, 2053, and 2054 are dismissed; and
`
`FURTHER ORDERED that Patent Owner’s unredacted response (IPR2014-
`
`01386, Paper 20; IPR2014-01396, Paper 19; IPR2014-01405, Paper 19),
`
`unredacted Exhibit 2018, and Exhibits 2029, 2030, 2038–2045, 2047–2050, 2053,
`
`and 2054 be expunged from the record.
`
`
`
`
`
`IPR2014-01386 (Patent 6,012,103)
`IPR2014-01396 (Patent 6,249,825 B1)
`IPR2014-01405 (Patent 6,493,770 B1)
`
`For Petitioner:
`
`Jason Shapiro
`Soumya P. Panda
`Rothwell, Figg, Ernst & Manbeck, PC
`jshapior@rfem.com
`spanda@rfem.com
`
`For Patent Owner:
`
`Robert R. Laurenzi
`Jeffrey A. Miller
`Kaye Scholer LLP
`robert.laurenzi@kayescholer.com
`jmillerPTAB@kayescholer.com
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