`571-272-7822
`
`
`Paper No. 20
` Entered: September 18, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LG ELECTRONICS, INC.,
`Petitioner,
`
`v.
`
`E-WATCH, INC.,
`Patent Owner.
`
`
`
`Case IPR2015-00404 (Patent 7,365,871B2)
`Case IPR2015-00408 (Patent 7,643,168 B2) 1
`
`
`
`
`Before JAMESON LEE, GREGG I. ANDERSON, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`PER CURIAM,
`
`
`AMENDED DECISION
`Joint Motion to Terminate
`37 C.F.R. § 42.74
`
`
`1 This order addresses issues that are the same in all cases. We exercise our
`discretion to issue one order to be filed in each case. The parties, however,
`are not authorized to use this style heading in subsequent papers.
`
`
`
`
`
`IPR2015-00404 (Patent 7,365,871 B2)
`IPR2015-00408 (Patent 7,643,168 B2)
`
`
`On September 11, 2015, the parties filed a “Joint Motion to
`
`Terminate” based on a settlement agreement that resolves the parties’
`
`disputes related to the challenged patent. Paper 18.2 The parties
`
`concurrently filed a copy of the settlement agreement (Ex. 1027). The Joint
`
`Motion to Terminate also requested that Exhibit 1027 be “treated as
`
`confidential business information and kept separate from the files of the
`
`involved patent.” Paper 18, 3; see also 37 C.F.R. § 42.74(c) (“A party to a
`
`settlement may request that the settlement be treated as business confidential
`
`information and be kept separate from the files of an involved patent or
`
`application.”).
`
`We granted the Joint Motion to Terminate in our Decision dated
`
`September 17, 2015. However, that Decision states incorrectly that we have
`
`not yet instituted trial when we have. See Decision on Institution (Paper 12
`
`in IPR2015-00404 and Paper 12 in IPR2015-00408). We also cited to 37
`
`C.F.R. §§ 42.71(a) regarding dismissing the Petition when, as discussed
`
`above, trial was instituted. This Amended Decision corrects those errors.
`
`We have not yet entered a final decision. Under these circumstances,
`
`we determine that it is appropriate to terminate the trial. See 37 C.F.R. §§
`
`42.5(a), 42.72. This paper does not constitute a final written decision
`
`pursuant to 35 U.S.C. § 318(a).
`
`Accordingly, it is
`
`ORDER
`
`ORDERED that the Joint Motion to Terminate is granted pursuant to
`
`this Amended Decision; and
`
`
`2 All citations are to the filings in IPR2015-00404, unless otherwise noted.
`
`
`
`
`
`IPR2015-00404 (Patent 7,365,871 B2)
`IPR2015-00408 (Patent 7,643,168 B2)
`
`
`FURTHER ORDERED that, pursuant to the Decision (Paper 19 in
`
`IPR2015-00404 and Paper 18 in IPR2015-00408), the settlement agreement
`
`(Exhibit 1027 in IPR2015-00404 and Exhibit 1029 in IPR2015-00408) be
`
`treated as business confidential information and be kept separate from the
`
`files of the involved U.S. Patent Nos. 7,635,871 B2 and 7,643,168 B2.
`
`
`
`
`
`IPR2015-00404 (Patent 7,365,871 B2)
`IPR2015-00408 (Patent 7,643,168 B2)
`
`For PETITIONER:
`
`
`David L. Witcoff
`Richard J. Johnson
`Matthew W. Johnson
`JONES DAY
`dlwitcoff@jonesday.com
`jjohnson@jondesday.com
`mwjohnson@jonesday.com
`
`
`
`For PATENT OWNER:
`
`Robert C. Curfiss
`bob@curfiss.com
`
`
`David O. Simmons
`IVC Patent Agency
`dsimmons1@sbcglobal.net
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