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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
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`BLACKBERRY CORP.
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`Petitioner,
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`v.
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`CYPRESS SEMICONDUCTOR CORP.
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`Patent Owner.
`______________
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`Case IPR2014-01488
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`Patent 6,012,103
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`____________
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`JOINT MOTION TO TERMINATE PROCEEDING
`PURSUANT TO 35 U.S.C. § 317
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`A/76502211.1
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`JOINT MOTION TO TERMINATE PROCEEDING
`Case IPR2014-01488
`U.S. Patent 6,012,103
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`Pursuant to 35 U.S.C. § 317(a) and 37 C.F.R. § 42.72, Petitioner BlackBerry
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`Corp. (“BlackBerry”) and Patent Owner Cypress Semiconductor Corp. (“Cypress”)
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`jointly request termination of Inter Partes Review Case No. IPR2014-01488, which
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`is directed to U.S. Patent No. 6,012,103 (“the ‘103 Patent”).
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`BlackBerry’s petition for this inter partes review was filed on September 12,
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`2014. A Notice of Filing Date Accorded (Paper No. 3) was mailed September 26,
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`2014. No decision to institute has yet issued. The parties have reached agreement
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`to terminate this inter partes review.
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`Termination is proper under 35 U.S.C. § 317(a) because the parties are
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`jointly requesting termination and the Office has not yet issued a decision to
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`institute in this matter. Accordingly, the parties are entitled to terminate this
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`proceeding under Section 317(a) upon their joint request.
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`As required by 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b), the parties’
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`confidential Agreement has been reduced to writing, and a true copy of the same is
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`attached hereto as Exhibit 1022.1 The Agreement is marked Confidential as the
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`parties desire that the Agreement be maintained as business confidential
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`1 The Agreement is being filed electronically via the Patent Review Processing
`System (PRPS) as “Parties and Board Only.”
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`A/76502211.1
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`2
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`JOINT MOTION TO TERMINATE PROCEEDING
`Case IPR2014-01488
`U.S. Patent 6,012,103
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`information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), and a separate
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`joint request to that effect is being filed on even date herewith.
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`The ‘103 Patent is the subject of the following pending litigation: Cypress
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`Semiconductor Corp. v. LG Electronics Inc., et al., 4:13-cv-04034-SBA (N.D. Cal.
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`Aug. 29, 2013). Petitioner is not a party to the pending litigation. The ‘103 Patent
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`was previously the subject of Cypress Semiconductor Corp. v. BlackBerry Ltd., et
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`al., case no. 5:13-cv-04183 (N.D. Cal. Sept. 10, 2013), which was dismissed
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`without prejudice on September 25, 2014.
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`The parties jointly request termination of IPR2014-01488. Should the Board
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`determine that termination is not proper, Petitioner and Patent Owner have agreed
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`that each has reserved its rights to participate in any ongoing proceeding.
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`Petitioner and Patent Owner believe no fee is due with this filing. If
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`necessary, however, the Board is hereby authorized in this, concurrent and future
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`filings, to charge payment or credit any overpayment to Deposit Account 15-0030,
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`(Customer ID No. 22850).
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`A/76502211.1
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`3
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`Dated: November 21, 2014
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`Dated: November 21, 2014
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`JOINT MOTION TO TERMINATE PROCEEDING
`Case IPR2014-01488
`U.S. Patent 6,012,103
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`Respectfully submitted,
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`
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`/Robert C. Mattson/
`Robert C. Mattson (Reg. No. 42,850)
`Attorney for Petitioner
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`BLACKBERRY CORP.
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`OBLON, SPIVAK, McCLELLAND,
`MAIER & NEUSTADT, LLP
`1940 Duke Street
`Alexandria, VA 22314
`(703) 413-3000
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`/Robert R. Laurenzi/
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` Robert R. Laurenzi (Reg. No. 45,557)
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`Attorney for Patent Owner
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`CYPRESS SEMICONDUCTOR
`CORP.
`
`KAYE SCHOLER LLP
`250 West 55th Street
`New York, New York 10019
`(212) 836-7235
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`A/76502211.1
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`4
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`JOINT MOTION TO TERMINATE PROCEEDING
`Case IPR2014-01488
`U.S. Patent 6,012,103
`
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on November
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`21, 2014, the JOINT MOTION TO TERMINATE PROCEEDING was served on
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`counsel of record for the Patent Owner by filing this document through the Patent
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`Review Processing System and serving to the email address noted below:
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`robert.laurenzi@kayescholer.com
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`Respectfully submitted,
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`
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`/Robert C. Mattson/
`Robert C. Mattson (Reg. No. 42,850)
`Attorney for Petitioner
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`BLACKBERRY CORP.
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`A/76502211.1
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`5
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