Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 27
`Entered: March 15, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`SERVICENOW, INC.,
`Petitioner,
`
`v.
`
`HEWLETT PACKARD ENTERPRISE CO.,1
`Patent Owner.
`
`
`Case IPR2015-00523 (Patent 6,321,229 B1)
`Case IPR2015-00631 (Patent 7,392,300 B2)
`Case IPR2015-00717 (Patent 7,027,411 B1)
`Case IPR2015-00718 (Patent 8,224,683 B2)
`
`
`
`
`Before JUSTIN BUSCH, RAMA G. ELLURU, JAMES B. ARPIN,
`CHRISTOPHER L. CRUMBLEY, BARBARA A. PARVIS, JO-ANNE M.
`KOKOSKI, and SCOTT C. MOORE, Administrative Patent Judges.
`
`BUSCH, Administrative Patent Judge.
`
`JUDGMENT
`Termination Pursuant to Settlement
`35 U.S.C. § 317(a) and 37 C.F.R. §§ 42.5, 42.71–42.74
`
`1 On November 24, 2015, and November 25, 2015, counsel for Patent
`Owner filed updated Mandatory Notices informing the Board that Hewlett
`Packard Enterprise Company had obtained the entire right, title, and interest
`in the patents at issue from Hewlett-Packard Company, the previously-
`named Patent Owner in these proceedings. E.g., IPR2015-00523, Paper 27,
`2. We have updated the caption of these proceedings accordingly.
`
`
`571-272-7822
`
`
`
`
`Paper 27
`Entered: March 15, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`SERVICENOW, INC.,
`Petitioner,
`
`v.
`
`HEWLETT PACKARD ENTERPRISE CO.,1
`Patent Owner.
`
`
`Case IPR2015-00523 (Patent 6,321,229 B1)
`Case IPR2015-00631 (Patent 7,392,300 B2)
`Case IPR2015-00717 (Patent 7,027,411 B1)
`Case IPR2015-00718 (Patent 8,224,683 B2)
`
`
`
`
`Before JUSTIN BUSCH, RAMA G. ELLURU, JAMES B. ARPIN,
`CHRISTOPHER L. CRUMBLEY, BARBARA A. PARVIS, JO-ANNE M.
`KOKOSKI, and SCOTT C. MOORE, Administrative Patent Judges.
`
`BUSCH, Administrative Patent Judge.
`
`JUDGMENT
`Termination Pursuant to Settlement
`35 U.S.C. § 317(a) and 37 C.F.R. §§ 42.5, 42.71–42.74
`
`1 On November 24, 2015, and November 25, 2015, counsel for Patent
`Owner filed updated Mandatory Notices informing the Board that Hewlett
`Packard Enterprise Company had obtained the entire right, title, and interest
`in the patents at issue from Hewlett-Packard Company, the previously-
`named Patent Owner in these proceedings. E.g., IPR2015-00523, Paper 27,
`2. We have updated the caption of these proceedings accordingly.
`
`
`
`IPR2015-00523 (Patent 6,321,229 B1)
`IPR2015-00631 (Patent 7,392,300 B2)
`IPR2015-00717 (Patent 7,027,411 B1)
`IPR2015-00718 (Patent 8,224,683 B2)
`
`
`On March 10, 2016, Petitioner, ServiceNow, Inc., and Patent Owner,
`Hewlett-Packard Enterprise, Co., filed a Joint Motion to Terminate in each
`of the proceedings identified in the caption of this Judgment. IPR2015-
`00523, Paper 33; IPR2015-00631, Paper 24; IPR2015-00717, Paper 26;
`IPR2015-00718, Paper 22. In each proceeding, along with the Joint Motion,
`the parties filed a copy of their Settlement Agreement, made in connection
`with the termination of these proceedings and the related district court
`proceedings, in accordance with 37 C.F.R. § 42.74(b). IPR2015-00523, Ex.
`2005; IPR2015-00631, Ex. 2014; IPR2015-00717, Ex. 2008; IPR2015-
`00718, Ex. 2006. In each proceeding, the parties submitted a Joint Motion
`requesting that the Settlement Agreement be treated as business confidential
`information and kept separate from the files of the patents at issue
`(IPR2015-00523 - U.S. Patent No. 6,321,229 B1; IPR2015-00631 - U.S.
`Patent No. 7,392,300; IPR2015-00717 - U.S. Patent No. 7,027,411 B1; and
`IPR2015-00718 - U.S. Patent No. 8,224,683 B2), under 35 U.S.C. § 317(b)
`and 37 C.F.R. § 42.74(c). IPR2015-00523, Paper 32; IPR2015-00631, Paper
`25; IPR2015-00717, Paper 27; IPR2015-00718, Paper 23.
`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 patents-at-issue in these proceedings. See, e.g., IPR2015-
`00523, Paper 33, 2. Upon consideration of the facts before us, we determine
`that it is appropriate to terminate these proceedings and enter judgment,
`
`2
`
`
`
`IPR2015-00523 (Patent 6,321,229 B1)
`IPR2015-00631 (Patent 7,392,300 B2)
`IPR2015-00717 (Patent 7,027,411 B1)
`IPR2015-00718 (Patent 8,224,683 B2)
`
`without rendering a final written decision. See 37 C.F.R. §§ 42.5(a),
`42.71(a), 42.73(a), 42.74. Accordingly, we grant the Joint Motion to
`Terminate in each proceeding.
`We also determine that the parties have complied with the
`requirements of 37 C.F.R. § 42.74(c) to have the Settlement Agreement
`treated as business confidential information and kept separate from the files
`of the patents at issue in these proceedings. Thus, we grant the Joint Motion
`to treat the Settlement Agreement as business confidential in each
`proceeding.
`
`ORDER
`For the foregoing reasons, it is:
`ORDERED that the Joint Motion to Treat Written Settlement
`Agreement Filed as Exhibit 2005 as Business Confidential Information
`Pursuant to 35 U.S.C. § 317(b) (IPR2015-00523, Paper 32) is granted;
`FURTHER ORDERED that the Joint Motion to Terminate Proceeding
`Pursuant to 35 U.S.C. § 317(a) (IPR2015-00523, Paper 33) is granted and
`IPR2015-00523 is terminated with respect to both Petitioner and Patent
`Owner;
`FURTHER ORDERED that the Joint Motion to Treat Written
`Settlement Agreement Filed as Exhibit 2014 as Business Confidential
`Information Pursuant to 35 U.S.C. § 317(b) (IPR2015-00631, Paper 25) is
`granted;
`FURTHER ORDERED that the Joint Motion to Terminate Proceeding
`Pursuant to 35 U.S.C. § 317(a) (IPR2015-00631, Paper 24) is granted and
`
`3
`
`
`
`IPR2015-00523 (Patent 6,321,229 B1)
`IPR2015-00631 (Patent 7,392,300 B2)
`IPR2015-00717 (Patent 7,027,411 B1)
`IPR2015-00718 (Patent 8,224,683 B2)
`
`IPR2015-00631 is terminated with respect to both Petitioner and Patent
`Owner;
`FURTHER ORDERED that the Joint Motion to Treat Written
`Settlement Agreement Filed as Exhibit 2008 as Business Confidential
`Information Pursuant to 35 U.S.C. § 317(b) (IPR2015-00717, Paper 27) is
`granted;
`FURTHER ORDERED that the Joint Motion to Terminate Proceeding
`Pursuant to 35 U.S.C. § 317(a) (IPR2015-00717, Paper 26) is granted and
`IPR2015-00717 is terminated with respect to both Petitioner and Patent
`Owner;
`FURTHER ORDERED that the Joint Motion to Treat Written
`Settlement Agreement Filed as Exhibit 2006 as Business Confidential
`Information Pursuant to 35 U.S.C. § 317(b) (IPR2015-00718, Paper 23) is
`granted; and
`FURTHER ORDERED that the Joint Motion to Terminate Proceeding
`Pursuant to 35 U.S.C. § 317(a) (IPR2015-00718, Paper 22) is granted and
`IPR2015-00718 is terminated with respect to both Petitioner and Patent
`Owner.
`
`4
`
`
`
`
`
`IPR2015-00523 (Patent 6,321,229 B1)
`IPR2015-00631 (Patent 7,392,300 B2)
`IPR2015-00717 (Patent 7,027,411 B1)
`IPR2015-00718 (Patent 8,224,683 B2)
`
`PETITIONER:
`
`Heidi L. Keefe
`Andrew C. Mace
`Phillip Morton
`Mark Weinstein
`COOLEY LLP
`hkeefe@cooley.com
`amace@cooley.com
`pmorton@cooley.com
`mweinstein@cooley.com
`
`PATENT OWNER:
`David Cavanaugh
`Owen Allen
`Joseph Haag
`Evelyn Mak
`WILMER CUTLER PICKERING HALE AND DORR LLP
`david.cavanaugh@wilmerhale.com
`owen.allen@wilmerhale.com
`joseph.haag@wilmerhale.com
`evelyn.mak@wilmerhale.com
`
`5
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