`Entered: November 26, 2014
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`PANASONIC SYSTEM NETWORKS CO., LTD.,
`Petitioner,
`
`v.
`
`6115187 CANADA INC.,
`Patent Owner.
`_______________
`
`Case IPR2014-01438
`Patent 6,844,990 B2
`_______________
`
`
`Before KEVIN F. TURNER, BRIAN J. MCNAMARA, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`
`
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.72
`
`
`
`
`
`
`
`IPR2014-01438
`Patent 6,844,990 B2
`
`
`I.
`INTRODUCTION
`This case involves a request for inter partes review of U.S. Patent No.
`6,844,990 B2 (“the ’990 patent”). Paper 2. On November 21, 2014, Judges
`Turner, McNamara, and Weinschenk held a telephone conference call with
`counsel for Petitioner Panasonic System Networks Co., Ltd. (“Petitioner”)
`and counsel for Patent Owner 6115187 Canada Inc. (“Patent Owner”).
`During the telephone conference, we authorized the parties to file a joint
`motion to terminate this proceeding. On November 21, 2014, the parties
`filed a joint motion to terminate under 35 U.S.C. § 317 and 37 C.F.R.
`§ 42.74 (Paper 9, “Mot.”), along with a copy of the parties’ written
`settlement agreement (Ex. 1015). The parties concurrently filed a joint
`request to treat the settlement agreement as business confidential
`information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 10.
`For the following reasons, the joint motion to terminate and the joint request
`to treat the settlement agreement as business confidential information are
`granted.
`
`II. ANALYSIS
`This proceeding is in the preliminary stage. A Patent Owner
`Preliminary Response has not been filed, and a decision whether to institute
`a trial has not been rendered. Patent Owner represents that there is no
`currently pending district court litigation or ITC proceeding regarding the
`’990 patent, and no decision has been made regarding future litigation. Mot.
`1–2. Patent Owner also represents that there is no other related proceeding
`regarding the ’990 patent in the Office. Id. at 2. Based on the facts of this
`case, we determine it is appropriate to enter judgment terminating this
`proceeding with respect to all parties. We further find sufficient cause to
`
`2
`
`
`
`IPR2014-01438
`Patent 6,844,990 B2
`
`treat the settlement agreement as business confidential information.
`Therefore, we grant the joint motion to terminate and the joint request to
`treat the settlement agreement as business confidential information.
`III. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the joint motion to terminate is granted, and this
`proceeding is terminated as to all parties; and
`FURTHER ORDERED that the joint request that the settlement
`agreement filed as Exhibit 1015 in this proceeding be treated as business
`confidential information, kept separate from the file of the ’990 patent, and
`made available only to Federal Government agencies upon written request or
`any other person upon written request and a showing of good cause pursuant
`to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is granted.
`
`
`
`3
`
`
`
`IPR2014-01438
`Patent 6,844,990 B2
`
`PETITIONER:
`
`Michael J. Fink
`Arnold Turk
`GREENBLUM & BERNSTEIN, P.L.C.
`mfink@gbpatent.com
`aturk@gbpatent.com
`
`PATENT OWNER:
`
`John D. Simmons
`Stephen E. Murray
`PANITCH SCHWARZE BELISARIO & NADEL LLP
`jsimmons@panitchlaw.com
`smurray@panitchlaw.com
`
`4
`
`
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