`571-272-7822
`
`
` Paper No. 13
` Entered: July 6, 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.
`
`DECISION
`Joint Motion to Terminate
`37 C.F.R. §§ 42.5(a), 42.71(a)
`
`
`
`
`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 30, 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 11.2 The parties concurrently filed a copy of
`the settlement agreement (Ex. 1016) along with a “Joint Request that the
`Agreement Filed Separate as Exhibit 1016 be Treated as Business
`Confidential Information and be Kept Separate From the Files.” Paper 12;
`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 have not yet entered a decision on institution in either proceeding.
`Under these circumstances, we determine that it is appropriate to dismiss the
`Petitions. See 37 C.F.R. §§ 42.5(a), 42.71(a). This paper does not constitute
`a final written decision pursuant to 35 U.S.C. § 318(a).
`
`
`ORDER
`
`Accordingly, it is
`ORDERED that the Joint Motion to Terminate is granted; and
`FURTHER ORDERED that the settlement agreement (Exhibit 1016
`in IPR2015-00406 and Exhibit 1016 in IPR2015-00407) 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.
`
`
`2 All citations are to the filings in IPR2015-00406, unless otherwise noted.
`
`
`
`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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