`571-272-7822
`
`Paper 11
`Entered: July 10, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CIRQUE DU SOLEIL MY CALL, L.L.C.,
`Petitioner,
`
`v.
`
`HOLOGRAM USA, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00962
`Patent 5,865,519
`____________
`
`
`
`Before JAMESON LEE, JUSTIN BUSCH, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`WORMMEESTER, Administrative Patent Judge.
`
`
`
`
`DECISION
`Joint Motion to Terminate
`37 C.F.R. § 42.74
`
`
`
`
`
`
`
`
`IPR2015-00962
`Patent 5,865,519
`
`
`On July 9, 2015, the parties filed a Joint Motion to Terminate this
`
`proceeding. Paper 8. The parties represent that they “reached an agreement
`
`resolving their dispute concerning the ’519 patent” in this proceeding and a
`
`related district court litigation. Id. at 1.
`
`With their Joint Motion to Terminate, the parties filed what they
`
`represent is a “true copy of the written Confidential Settlement Agreement
`
`(Exhibit 2001) and the Binding Term Sheet (Exhibit 2002) resolving the
`
`dispute with respect to the ’519 patent” in this proceeding and the related
`
`district court litigation. Id. at 6. In a concurrently filed Joint Request, the
`
`parties request that these agreement papers be treated as business
`
`confidential information and be kept separate from the file of the involved
`
`patent. Paper 9.
`
`This proceeding is in an early stage, and no decision whether to
`
`institute inter partes review has been made. Under these circumstances, we
`
`determine that it is appropriate to terminate this proceeding. The Joint
`
`Request is granted to the extent that it requests that the agreement papers be
`
`treated as business confidential and be kept separate from the patent file but
`
`denied to the extent that it requests that we seal any portion of the file.
`
`
`
`Accordingly, it is:
`
`ORDERED that the Joint Motion to Terminate is granted; and
`
`FURTHER ORDERED that the settlement agreement (Ex. 2001) and
`
`term sheet (Ex. 2002) be treated as business confidential information and be
`
`kept separate from the file of the involved patent, to be made available only
`
`to Federal Government agencies on written request, or to any person on a
`
`showing of good cause.
`
`
`
`
`
`IPR2015-00962
`Patent 5,865,519
`
`
`
`FOR PETITIONER:
`
`David Ben-Meir
`Mark Garrett
`Norton Rose Fulbright US LLP
`david.ben-meir@nortonrosefulbright.com
`mark.garrett@nortonrosefulbright.com
`
`FOR PATENT OWNER:
`
`May Chan
`Baker Marquart LLP
`mchan@bakermarquart.com
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