`Tel: 571-272-7822
`
`Paper 27
`Entered: March 3, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FACEBOOK, INC. and
`INSTAGRAM, LLC,
`Petitioner,
`v.
`TLI COMMUNICATIONS, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-00778
`Patent 6,038,295
`____________
`
`
`
`Before JAMESON LEE, BART A. GERSTENBLITH, and
`JO-ANNE M. KOKOSKI, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`ORDER
`Termination of Proceeding
`35 U.S.C. § 317; 37 C.F.R. § 42.72
`
`
`
`
`
`IPR2015-00778
`Patent 6,038,295
`
`
`On February 17, 2016, Petitioner and Patent Owner filed: a Joint
`Motion to Terminate Proceedings (“Joint Motion”) (Paper 25); a Joint
`Motion to File Agreement as Business Confidential Information Pursuant to
`35 U.S.C. § 317 (“Joint Request”) (Paper 26); an agreement made in
`contemplation of termination of this proceeding (“Agreement”) (Exhibit
`2011); and a related release agreement (“Release Agreement”) (Exhibit
`2012).
`The Board has not decided the merits of this proceeding. In the Joint
`Motion, the parties represent that “the dispute between the Parties has been
`resolved” and that the parties have agreed to dismiss the related district court
`litigation as to Petitioner including a pending appeal to the United States
`Court of Appeals for the Federal Circuit. Paper 25, 3.
`Under 35 U.S.C. § 317(b), any agreement or understanding between
`Patent Owner and Petitioner, including any collateral agreements referred to
`in such agreement or understanding, made in connection with, or in
`contemplation of, the termination of the proceeding shall be in writing, and a
`true copy of such agreement or understanding shall be filed in the Office. In
`the Joint Motion, the parties define “Agreement” as “an agreement made in
`connection with [the] termination of this proceeding,” Paper 25, 2–3, and
`state that “the Agreement is in writing, and a true and correct copy is being
`filed concurrently herewith as Exhibit 2011,” id. at 4. The parties also state
`that “[a] related Release Agreement between the Parties is being filed
`concurrently herewith as Exhibit 2012.” Id.
`The Joint Request seeks to have Exhibits 2011 and 2012 treated as
`business confidential information under 37 C.F.R. § 42.74(c).
`
`2
`
`
`
`IPR2015-00778
`Patent 6,038,295
`
`
`Upon consideration of the Joint Motion, we grant the Joint Motion
`and terminate this proceeding as to both Petitioner and Patent Owner without
`rendering a final written decision. 37 C.F.R. § 42.72. We also grant the
`parties’ Joint Request to maintain Exhibits 2011 and 2012 as business
`confidential information in accordance with 37 C.F.R. § 42.74(c).
`ORDER
`
`It is
`ORDERED that the Joint Motion to Terminate Proceedings
`(Paper 25) is granted and that this proceeding is hereby terminated; and
`FURTHER ORDERED that the Joint Motion to File Agreement as
`Business Confidential Information Pursuant to 35 U.S.C. § 317 (Paper 26) is
`granted, and that Exhibits 2011 and 2012 are regarded as business
`confidential information under 37 C.F.R. § 42.74(c) and will be kept
`separate from the file of U.S. Patent No. 6,038,295.
`
`
`
`
`
`
`3
`
`
`
`4
`
`IPR2015-00778
`Patent 6,038,295
`
`
`
`PETITIONER:
`
`Heidi Keefe
`Andrew Mace
`Mark Weinstein
`hkeefe@cooley.com
`amace@cooley.com
`mweinstein@cooley.com
`
`
`
`PATENT OWNER:
`
`Tarek Fahmi
`tarek.fahmi@ascendalaw.com
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