`571-272-7822
`
`
`
`
` Paper 9
`Entered: May 29, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`TOYOTA MOTOR CORPORATION,
`Petitioner,
`
`v.
`
`INNOVATIVE DISPLAY TECHNOLOGIES LLC,
`Patent Owner.
`_______________
`
`Case IPR2015-00828
`Case IPR2015-00829
`Case IPR2015-00831
`Case IPR2015-00832
`Case IPR2015-00834
`Case IPR2015-00835
`Case IPR2015-00843
`Case IPR2015-00855
`Case IPR2015-00857
`Case IPR2015-00895
`Case IPR2015-00896
`Case IPR2015-00897
`_________
`
`
`Before MIRIAM L. QUINN, LORA M. GREEN, and THOMAS L.
`GIANNETTI, Administrative Patent Judges.
`
`GIANNETTI, Administrative Patent Judge.
`
`
`
`
`
`
`
`Case IPR2015-00828
`Case IPR2015-00829
`Case IPR2015-00831
`Case IPR2015-00832
`
`
`Case 2015-00834
`Case 2015-00835
`Case 2015-00843
`Case 2015-00855
`
`Case 2015-00857
`Case 2015-00895
`Case 2015-00896
`Case 2015-00897
`
`
`
`
`
`
`
`JUDGMENT
`Termination of Proceedings
`37 C.F.R. § 42.72
`
`
`
`On May 26, 2015, the parties filed a joint motion to terminate each of
`
`these proceedings pursuant to a settlement agreement. Paper 6.1 The parties
`
`also filed true copies of their written settlement agreement, made in
`
`connection with the termination of these proceedings, in accordance with 35
`
`U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Exhibit 1012. Additionally, the
`
`parties submitted joint requests to have their settlement agreement treated as
`
`confidential business information under 35 U.S.C. § 317(b) and 37 C.F.R. §
`
`42.74(c). Paper 7. At the request of the panel, the parties also filed the
`
`order of the district court, dismissing the related district court case against
`
`Petitioner. Exhibit 1013.
`
`These proceedings are in the preliminary stage. The Board has not
`
`determined whether trial will be instituted. Further, the deadline to file a
`
`patent owner preliminary response is almost a month away, and no motions
`
`are pending. The parties submit that termination is appropriate because the
`
`parties have settled their dispute, and the Board has not entered a decision
`
`regarding institution. Paper 6, 5.
`
`Upon consideration of the requests before us, we determine that
`
`terminating these proceedings with respect to both Petitioner and Patent
`
`Owner, at this early juncture, promotes efficiency and minimizes
`
`
`1 Paper and exhibit numbers refer to Case IPR2015-00828. Corresponding
`motions and settlement agreements were filed in each of the other cases.
`
`
`
`2
`
`
`
`Case IPR2015-00828
`Case IPR2015-00829
`Case IPR2015-00831
`Case IPR2015-00832
`
`unnecessary costs. Based on the facts of these cases, it is appropriate to
`
`Case 2015-00834
`Case 2015-00835
`Case 2015-00843
`Case 2015-00855
`
`Case 2015-00857
`Case 2015-00895
`Case 2015-00896
`Case 2015-00897
`
`
`
`
`
`enter judgment terminating the proceedings without rendering a final written
`
`decision. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72.
`
`Accordingly, it is:
`
`
`
`ORDERED that the joint motions to terminate the following cases are
`
`granted: Case IPR 2015-00828; Case IPR 2015-00829; Case IPR 2015-
`
`00831; Case IPR 2015-00832; Case IPR 2015-00834; Case IPR 2015-
`
`00835; Case IPR 2015-00843; Case IPR 2015-00855; Case IPR 2015-
`
`00857; Case IPR 2015-00895; Case IPR 2015-00896; and Case IPR 2015-
`
`00897;
`
`
`
`FURTHER ORDERED that the above cases are hereby terminated as
`
`to all parties, including Petitioner and Patent Owner; and
`
`FURTHER ORDERED that the parties’ joint requests that the
`
`settlement agreement be treated as business confidential information, kept
`
`separate from the patent file, and made available only to Federal
`
`Government agencies on written request, or to any person on a showing of
`
`good cause, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), are
`
`granted.
`
`
`
`
`
`3
`
`
`
`Case 2015-00857
`Case 2015-00895
`Case 2015-00896
`Case 2015-00897
`
`
`
`
`
`Case 2015-00834
`Case 2015-00835
`Case 2015-00843
`Case 2015-00855
`
`Case IPR2015-00828
`Case IPR2015-00829
`Case IPR2015-00831
`Case IPR2015-00832
`
`
`PETITIONER:
`Thomas W. Winland
`Finnegan, Henderson, Farabow,
` Garrett & Dunner, LLP
`tom.winland@finnegan.com
`
`PATENT OWNER:
`George W. Webb III
`Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.
`gwebb@azalaw.com
`
`
`
`
`
`4
`
`
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