`571-272-7822
`
`
`
`
`
`
`Paper 43
`Entered: December 21, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`SONY MOBILE COMMUNICATIONS (USA) INC., SONY MOBILE
`COMMUNICATIONS AB, SONY MOBILE COMMUNICATIONS, INC.,
`SONY ELECTRONICS, INC., SONY CORP. OF AMERICA, and
`SONY CORP.,
`Petitioner,
`
`
`
`
`
`
`
`v.
`
`ADAPTIX, INC.,
`Patent Owner.
`
`Case IPR2014-01525
`Patent 7,454,212 B2
`
`
`
`
`Before HOWARD B. BLANKENSHIP, TREVOR M. JEFFERSON, and
`JUSTIN BUSCH, Administrative Patent Judges.
`
`BLANKENSHIP, Administrative Patent Judge.
`
`
`
`JUDGMENT
`Termination Pursuant to Settlement
`37 C.F.R. §§ 42.5, 42.71, 42.73, 42.74
`
`
`
`
`
`
`
`IPR2014-01525
`Patent 7,454,212 B2
`
`
`On December 9, 2015, Petitioner and Patent Owner filed a Joint
`Motion to Terminate. Paper 37. Along with the Motion, the parties filed a
`copy of their Settlement Agreement, made in connection with the
`termination of this case, in accordance with 37 C.F.R. § 42.74(b). Ex. 1026.
`The parties submitted a joint request that the Settlement Agreement be
`treated as business confidential information and kept separate from the files
`of the patent at issue, U.S. Patent No. 7,454,212 B2 (“the ’212 patent”),
`under 37 C.F.R. § 42.74(c). Paper 38. The parties also filed a copy of their
`Binding Term Sheet and a joint request that the Term Sheet be treated as
`business confidential information and kept separate from the ’212 patent
`files. Ex. 1027; Paper 41. For the reasons set forth below, the Joint Motion
`to Terminate and the joint requests are granted.
`The Board generally expects that a case “will terminate after the filing
`of a settlement agreement, unless the Board has already decided the merits.”
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14,
`2012); see 37 C.F.R. § 42.72. In their joint motion to terminate, the parties
`indicate that the Settlement Agreement resolves all disputes between them
`involving the patent-at-issue in this case. Paper 37, 2. Upon consideration
`of the facts before us, we determine that it is appropriate to terminate this
`case and enter judgment, without rendering a final written decision. See
`37 C.F.R. §§ 42.5(a), 42.71(a), 42.73(a), 42.74. We, therefore, grant the
`Joint Motion to Terminate. Paper 37.
`We also determine that the parties have complied with the
`requirements of 37 C.F.R. § 42.74(c) to have the Settlement Agreement and
`Binding Term Sheet treated as business confidential information and kept
`
`2
`
`
`
`IPR2014-01525
`Patent 7,454,212 B2
`
`separate from the files of the ’212 patent. Thus, we grant the joint requests.
`Papers 38, 41.
`
`
`ORDER
`For the foregoing reasons, it is:
`ORDERED that the joint requests that the Settlement Agreement and
`Binding Term Sheet be treated as business confidential information and kept
`separate Under 37 C.F.R. § 42.74(c) (Papers 38, 41) are granted; and
`FURTHER ORDERED that the Joint Motion to Terminate (Paper 37)
`is granted and this proceeding is terminated.
`
`
`3
`
`
`
`IPR2014-01525
`Patent 7,454,212 B2
`
`PETITIONER:
`
`L. Scott Bloebaum
`scottbloebaum@andrewskurth.com
`
`Scott McKeown
`cpdocketmckeown@oblon.com
`
`
`
`PATENT OWNER:
`
`Amedeo Ferraro
`aferraro@martinferraro.com
`
`Wesley Meinerding
`wmeinerding@martinferraro.com
`
`4
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