`Tel: 571-272-7822
`
`
`
`
`
`Paper 7
`Entered: November 20, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`BLACKBERRY CORP.,
`Petitioner,
`v.
`CYPRESS SEMICONDUCTOR CORP.,
`Patent Owner.
`____________
`
`Case IPR2014-01496
`Patent U.S. 8,059,015
`_______________
`
`Cases IPR2014-01470 (Patent 8,004,497 B2)
`IPR2014-01483 (Patent 8,519,973 B1)
` IPR2014-01488 (Patent 6,012,103)
`IPR2014-01492 (Patent 6,493,770 B1)
`IPR2014-01495 (Patent 6,249,825 B1)
`IPR2014-01496 (Patent 8,059,015 B2)
`_______________
`
`Before SALLY C. MEDLEY, DONNA M. PRAISS, PATRICK M. BOUCHER,
`and KEVIN W. CHERRY, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`Petitioner filed petitions for inter partes review of the six involved patents.
`Patent Owner’s preliminary responses are not yet due and no determination to
`institute trial has been made.
`On November 17, 2014, the parties informed the Board that the parties have
`reached a settlement agreement. The parties seek authorization from the Board to
`file a joint motion to terminate the proceeding pursuant to 35 U.S.C. § 317.
`Generally, the Board expects that a proceeding will terminate after the filing
`of a settlement agreement. See, e.g., Office Patent Trial Practice Guide, 77 Fed.
`Reg. 48,756, 48,768 (Aug. 14, 2012). The rule governing settlement indicates that
`any agreement between the parties made in connection with, or in contemplation
`of, the termination of a proceeding shall be in writing and filed with the Board. 37
`C.F.R. § 42.74.
`Based on the facts of these proceedings, the parties are authorized to, and
`shall file, in addition to the settlement agreement, a joint motion to terminate the
`proceeding briefly explaining why termination is appropriate in these cases. The
`joint motion also should update the Board as to the status of any other matters
`involving the patents at issue. The parties also must file, as an exhibit, a true copy
`of their settlement agreement, including all exhibits or attachments thereto, to
`terminate the proceedings. A redacted version of the settlement agreement will not
`be accepted as a true copy of the settlement agreement. Any request that the
`agreement be treated as business confidential information and be kept separate
`from the files of the involved patent must be filed with the settlement agreement.
`37 C.F.R. § 42.74(c). The parties are directed to FAQ G2 on the Board’s website
`page at http://www.uspto.gov/ip/boards/bpai/prps.jsp for instructions on how to file
`their settlement agreement as confidential (e.g., uploading as “Parties and Board
`Only”).
`
`
`
`The joint motion to terminate and the settlement agreement shall be filed no
`later than November 25, 2014.
`Accordingly, it is
`ORDERED that the parties are authorized to file a separate joint motion to
`terminate in each proceeding;
`FURTHER ORDERED that the joint motions are due no later than
`November 25, 2014; and
`FURTHER ORDERED that the joint motions shall be accompanied by a
`true copy of the settlement agreement as required by 37 C.F.R. § 42.74(b);
`FURTHER ORDERED that the parties may request that the settlement
`agreement be treated as business confidential information as specified by 37 C.F.R.
`§ 42.74(c); and
`FURTHER ORDERED that any confidential settlement agreement must be
`filed electronically via the Patent Review Processing System (PRPS) in accordance
`with the instructions provided on the Board’s website (e.g., uploading as “Parties
`and Board Only”); and
`FURTHER ORDERED that the remaining times in the proceedings for
`taking action are vacated.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PETITIONER:
`Robert C. Mattson
`cpdocketmattson@oblon.com
`John S. Kern
`cpdocketkern@oblon.com
`Christopher Ricciuti
`cpdocketricciuti@oblon.com
`
`
`PATENT OWNER:
`
`Robert R. Laurenzi
`robert.laurenzi@kayescholer.com
`Robert S. Magee
`robert.magee@kayescholer.com
`
`
`
`
`
`
`
`
`
`
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