`Tel: 571-272-7822
`
`
`Paper 12
`Entered: July 9, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`VANTAGE POINT TECHNOLOGY, INC.,
`Patent Owner.
`_______________
`
`Case IPR2015-00192
`Patent 5,463,750
`_______________
`
`
`
`Before JAMES P. CALVE, BRYAN F. MOORE, and
`DAVID C. MCKONE, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`DECISION
`Motion to Terminate
`37 C.F.R. § 42.72
`
`
`
`
`
`
`
`
`
`
`
`IPR2015-00192
`Patent 5,463,750
`
`
`INTRODUCTION
`
`In response to an email to the Board Staff, the Board authorized the
`
`parties to file motions to terminate the instant proceedings, as well as
`
`authorized the parties to file joint requests that the settlement agreements be
`
`treated as business confidential information. On June 30, 2015, the parties
`
`filed a joint motion to terminate the instant proceeding (Paper 10), along
`
`with, what they describe as a true copy of their written settlement agreement,
`
`made in connection with the termination of the instant proceeding
`
`(Ex. 2001). The parties also filed a joint request to treat the settlement
`
`agreement as business confidential information. Paper 11. For the reasons
`
`set forth below, the motions and requests are granted.
`
`
`
`DISSCUSION
`
`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
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`this chapter shall be terminated with respect to any petitioner upon the joint
`
`request of the petitioner and patent owner, unless the Office has decided the
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`merits of the proceeding before the request for termination is filed.” See 37
`
`C.F.R. § 42.72. The parties are reminded that the Board is not a party to the
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`settlement, and may independently identify any question of patentability.
`
`37 C.F.R § 42.74(a). Generally, however, 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 parties’ joint motions state that they settled their dispute and
`
`move to terminate these proceedings, pursuant to 35 U.S.C. § 317(a). Paper
`
`10, 1–2. The parties filed what they describe as a true copy of their written
`
` 2
`
`
`
`
`
`
`
`IPR2015-00192
`Patent 5,463,750
`
`
`settlement agreement, made in connection with the termination of the instant
`
`proceeding. Ex. 2001. The motion indicates that the related district court
`
`cases between the parties are terminated. Paper 10, 3–7. In these
`
`proceedings, the parties’ joint motions to terminate were filed prior to the
`
`oral arguments and the Board has not made a final decision on the merits in
`
`any of the four cases. Under these circumstances, we determine that it is
`
`appropriate to terminate these four proceedings with respect to all parties.
`
`
`
`It is:
`
`CONCLUSION
`
`ORDERED that the joint motions to terminate these proceedings are
`
`GRANTED, and these proceedings are, hereby, terminated; and
`
`FURTHER ORDERED that the parties’ joint requests that the
`
`settlement agreements be treated as business confidential information and
`
`kept separate from the file of the involved patent under 35 U.S.C. § 317(b)
`
`and 37 C.F.R. § 42.74(c) is GRANTED.
`
`
`
`
`
` 3
`
`
`
`
`
`
`
`IPR2015-00192
`Patent 5,463,750
`
`
`
`
`PETITIONER:
`
`Walter Renner
`axf@fr.com
`
`Roberto Devoto
`IPR39521-0009IP2@fr.com
`
`PATENT OWNER:
`
`Tarek Fahmi
`tarek.fahmi@ascendalaw.com
`
` 4
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