`571-272-7822
`
`
` Paper No. 8
` Entered: June 23, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KYOCERA COMMUNICATIONS, INC.,
`Petitioner,
`
`v.
`
`E-WATCH, INC. and E-WATCH CORPORATION,
`Patent Owner.
`
`
`Case IPR2015-00406 (Patent 7,365,871 B2)
`Case IPR2015-00407 (Patent 7,643,168 B2)1
`
`
`
`Before JAMESON LEE, GREGG I. ANDERSON, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.05
`
`
`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.
`
`
`
`IPR2015-00406 (Patent 7,365,871 B2)
`IPR2015-00407 (Patent 7,643,168 B2)
`
`
`On June 22, 2015, the parties requested authorization to file a joint
`motion to terminate this proceeding with respect to both Petitioner and
`Patent Owner, on the basis that they have settled.
`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). Any agreement or
`understanding between the parties made in connection with, or in
`contemplation of, the termination of a proceeding shall be in writing, and a
`true copy of the agreement shall be filed with the Board prior to termination.
`37 C.F.R. § 42.74(b).
`The joint motion must include a brief explanation as to why
`termination is appropriate. Information should be provided on the status of
`related district court actions in which U.S. Patent Nos. 7,365,871 and
`7,643,168 have been asserted, whether or not involving Petitioner,
`particularly regarding the status of all defendants.
`The joint motion to terminate must be accompanied by a true copy of
`the settlement agreement as required by 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74(b). A redacted version of the settlement agreement will not be
`accepted as a true copy of the settlement agreement. Counsel for the parties
`indicated that they intend to file a confidential true copy of the settlement
`agreement.
`With regard to having the true copy of the settlement agreement
`treated as business confidential information and kept separate from the
`patent file(s) under 37 C.F.R. § 42.74(c), the parties must file the true copy
`of the confidential settlement agreement electronically via the Patent Review
`Processing System (PRPS) in accordance with the instructions provided on
`
`
`
`IPR2015-00406 (Patent 7,365,871 B2)
`IPR2015-00407 (Patent 7,643,168 B2)
`
`the Board’s website (uploading as “Parties and Board Only”). Attention of
`the parties is also 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
`a settlement agreement as confidential.
`
`
`ORDER
`
`Accordingly, it is
`ORDERED that the parties are authorized to file a joint motion to
`terminate the proceeding with respect to both Petitioner and Patent Owner;
`FURTHER ORDERED that the joint motion must be accompanied by
`a true copy, labeled as an exhibit, of the settlement agreement as required by
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b);
`FURTHER ORDERED that in the joint motion the parties may
`request that the settlement agreement be treated as business confidential
`information and kept separate from the underlying patent file, as provided in
`37 C.F.R. § 42.74(c); and
`FURTHER ORDERED that any confidential settlement agreement
`must be filed electronically via PRPS in accordance with the instructions
`provided on the Board’s website (uploading as “Parties and Board Only”).
`
`
`
`IPR2015-00406 (Patent 7,365,871 B2)
`IPR2015-00407 (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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