`571-272-7822
`
`
`
`
` Paper 12
`Entered: July 2, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MERCEDES-BENZ USA, LLC, and
`MERCEDES-BENZ U.S. INTERNATIONAL, INC.,
`Petitioners,
`
`v.
`
`INNOVATIVE DISPLAY TECHNOLOGIES LLC,
`Patent Owner.
`_______________
`
`Case IPR2015-00359
`Case IPR2015-00360
`Case IPR2015-00361
`Case IPR2015-00363
`Case IPR2015-00366
`Case IPR2015-00368
`Case IPR2015-00994
`Case IPR2015-01044
`Case IPR2015-01067
`Case IPR2015-01113
`Case IPR2015-01114
`Case IPR2015-01115
`________
`
`Before LORA M. GREEN, THOMAS L. GIANNETTI,
`MIRIAM L. QUINN, and BEVERLY M. BUNTING,
`Administrative Patent Judges.
`
`GIANNETTI, Administrative Patent Judge.
`
`
`JUDGMENT
`Termination of Proceedings
`37 C.F.R. § 42.72
`
`
`
`IPR2015-00359
`IPR2015-00360
`IPR2015-00361
`IPR2015-00363
`
`
`
`
`
`
`
`
`
`
` IPR2015-00366
`IPR2015-00368
`IPR2015-00994
` IPR2015-01044
`
`
`IPR2015-01067
`IPR2015-01113
`IPR2015-01114
`IPR2015-01115
`
`
`
`On June 30, 2015, the parties filed a joint motion to terminate each of
`these proceedings pursuant to a settlement agreement. Paper 25.1 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 1025. 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 26.
`These proceedings are in the preliminary stages. The parties submit
`that termination is appropriate because the parties have settled their dispute
`and have reached agreement to terminate all of these IPRs. Paper 25, 2. The
`parties represent that their pending district court litigation has been
`dismissed and the settlement agreement ends all patent disputes between the
`parties. Paper 25, 4.
`Upon consideration of the requests before us, we determine that
`terminating these proceedings with respect to both Petitioners and Patent
`Owner, at this early juncture, promotes efficiency and minimizes
`unnecessary costs. Based on the facts of these cases, it is appropriate to
`enter judgment terminating the proceedings without rendering a final written
`decision. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72.
`
`
`1 Paper and exhibit numbers refer to Case IPR2015-00359. Corresponding
`motions and settlement agreements were filed in each of the other cases.
`
`
`
`2
`
`
`
`IPR2015-00359
`IPR2015-00360
`IPR2015-00361
`IPR2015-00363
`
`
`
`
`
`
`
`
`
` IPR2015-00366
`IPR2015-00368
`IPR2015-00994
` IPR2015-01044
`
`
`IPR2015-01067
`IPR2015-01113
`IPR2015-01114
`IPR2015-01115
`
`
`
`Accordingly, it is:
`ORDERED that the joint motions to terminate the following cases are
`
`granted: Case IPR2015-00359; Case IPR2015-00360; Case IPR2015-00361;
`Case IPR2015-00363; Case IPR2015-00366; Case IPR2015-00368; Case
`IPR2015-00994; Case IPR2015-01044; Case IPR2015-01067; Case
`
`IPR2015-01113; Case IPR2015-01114; and Case IPR2015-01115;
`FURTHER ORDERED that the above cases are hereby terminated as
`
`to all parties, including Petitioners 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
`
`
`
`
`
`
`
`
`
`
`
` IPR2015-00366
`IPR2015-00368
`IPR2015-00994
` IPR2015-01044
`
`
`IPR2015-01067
`IPR2015-01113
`IPR2015-01114
`IPR2015-01115
`
`IPR2015-00359
`IPR2015-00360
`IPR2015-00361
`IPR2015-00363
`
`
`
`PETITIONERS:
`
`Scott W. Doyle
`Jonathan R. DeFoose
`FRIED, FRANK, HARRIS, SHRIVER & JACOBSON LLP
`scott.doyle@friedfrank.com
`jonathan.defosse@friedfrank.com
`
`
`
`PATENT OWNER:
`
`Justin B. Kimble
`Jeffrey R. Bragaline
`BRAGALONE CONROY P.C.
`jkimble@bcpc-law.com
`jbragalone@bcpc-law.com
`
`George W. Webb III
`AHMAD, ZAVITSANSOS, ANAIPAKOS, ALAVI
`& MENSING P.C.
`gwebb@azalaw.com
`
`
`
`
`4
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