`571–272–7822
`
`
`
`Paper 6
`Entered: May 6, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`VMWARE, INC.,
`Petitioner,
`
`v.
`
`GOOD TECHNOLOGY CORPORATION,
`Patent Owner.
`_______________
`
`Case IPR2015-00909
`Patent 8,117,344 B2
`_______________
`
`
`Before BRYAN F. MOORE, PETER P. CHEN, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`
`
`
`ORDER
`Termination of the Proceeding
`37 C.F.R. § 42.74
`
`
`
`
`
`
`
`
`
`IPR2015-00909
`Patent 8,117,344 B2
`
`
`I.
`
`INTRODUCTION
`
`On May 1, 2015, the parties filed a Joint Motion to Terminate with
`
`Request to Keep Separate pursuant to 42 C.F.R. §§ 42.5(a), 42.71(a), and
`
`42.74. Paper 5 (“Joint Mot.”). In addition, pursuant to 35 U.S.C. § 317(b)
`
`and 37 C.F.R. § 42.74(c), the parties filed a true copy of a Patent License
`
`and Settlement Agreement. Ex. 1015. The Joint Motion to Terminate with
`
`Request to Keep Separate identifies the Patent License and Settlement
`
`Agreement as business confidential information and requests that the
`
`agreement be kept separate from the patent file. Joint Mot. 4–5.
`
`II. ANALYSIS
`
`This case is in the preliminary proceeding1 stage; no decision whether
`
`to institute a trial has been made. The parties identify various related U.S.
`
`and non-U.S. lawsuits and various related proceedings before the U.S. Patent
`
`and Trademark Office (“USPTO”) involving the parties. Joint Mot. 2–3.
`
`The parties represent that the filed agreement settles all disputes between the
`
`parties with respect to the above-captioned proceeding. Id. at 1. Further, the
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`parties represent that, pursuant to the filed agreement, all related lawsuits
`
`involving the parties have been dismissed (id. at 2–3), and that the parties
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`are filing appropriate motions requesting termination of the related
`
`proceedings before the USPTO (id. at 3). Under these circumstances, we
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`determine that good cause exists to terminate the above-captioned
`
`proceeding at this preliminary proceeding stage and without rendering a
`
`final written decision.
`
`
`1 A preliminary proceeding begins with the filing of a petition for instituting
`a trial and ends with a written decision as to whether trial will be instituted.
`37 C.F.R. § 42.2.
`
`2
`
`
`
`IPR2015-00909
`Patent 8,117,344 B2
`
`
`III. ORDER
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that the Joint Motion to Terminate with Request to Keep
`
`Separate is granted;
`
`FURTHER ORDERED that the parties’ request that the Patent
`
`License and Settlement Agreement (Ex. 1015) be treated as business
`
`confidential information, to be kept separate from the patent file, is granted;
`
`and
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`FURTHER ORDERED that the above-captioned proceeding is
`
`terminated.
`
`
`
`3
`
`
`
`IPR2015-00909
`Patent 8,117,344 B2
`
`PETITIONER:
`
`Alex Chartove
`Matthew Kreeger
`MORRISON & FOERSTER LLP
`achartove@mofo.com
`mkreeger@mofo.com
`
`PATENT OWNER:
`
`Phillip Bennett
`Nicholas Transier
`EIP US LLP
`pbennett@eip.com
`ntransier@eip.com
`
`4
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`