`Tel: 571-272-7822
`
`
`Paper 10
` Entered: October 26, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HONEYWELL INTERNATIONAL, INC.,
`Petitioner,
`
`v.
`
`CREE, INC.,
`Patent Owner.
`____________
`
`IPR2015-01360 (Patent 8,860,058)
`IPR2015-01361 (Patent 8,860,058)
`IPR2015-01378 (Patent 8,659,034)1
`_____________
`
`
`Before KEVIN F. TURNER, ERICA A. FRANKLIN, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.72
`
`
`1 This judgment addresses issues that are identical in each case. We,
`therefore, exercise our discretion to issue one order to be filed in each case.
`
`
`
`
`
`IPR2015-01360 (Patent 8,860,058)
`IPR2015-01361 (Patent 8,860,058)
`IPR2015-01378 (Patent 8,659,034)
`
`
`On October 22, 2015, the parties filed joint motions to terminate the
`
`proceedings pursuant to 35 U.S.C § 317. Paper 8.2 In addition, and pursuant
`
`to 35 U.S.C § 317 (b) and 37 C.F.R. § 42.74, the parties filed a true copy of
`
`their written settlement agreement, Ex. 1017, and requested in the joint
`
`motions that the settlement agreement be treated as business confidential
`
`information and kept separate from the file of the involved patents, Paper 9.
`
`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
`
`this chapter shall be terminated with respect to any petitioner upon the joint
`
`request of the petitioner and patent owner, unless the Office has decided the
`
`merits of the proceeding before the request for termination is filed.” Further,
`
`under 37 C.F.R. § 42.74(b), “[a]ny agreement or understanding between the
`
`parties made in connection with, or in contemplation of, the termination of a
`
`proceeding shall be in writing and a true copy shall be filed with the Board
`
`before termination of the trial.”
`
`These cases are in the preliminary proceeding stage; a decision
`
`whether to institute trial has not been made. As the parties jointly request
`
`termination of the proceedings, and have filed their written settlement
`
`agreement, we determine that it is appropriate to terminate the proceedings.3
`
`See 37 C.F.R. §§ 42.72, 42.73, 42.74.
`
`As requested by the parties, the settlement agreement will be treated
`
`as business confidential information and kept separate from the files of the
`
`involved patents. 37 C.F.R. § 42.74(c).
`
`2 Paper and Exhibit numbers cited in this judgment are the same in each
`case.
`3 Termination of these proceedings renders moot Petitioner’s Unopposed
`Motions to Correct Exhibits 1007 and 1008, Paper 7.
`
`
`
`
`2
`
`
`
`IPR2015-01360 (Patent 8,860,058)
`IPR2015-01361 (Patent 8,860,058)
`IPR2015-01378 (Patent 8,659,034)
`
`
`Accordingly, it is
`
`ORDERED that the parties’ joint requests that the settlement
`
`agreement be treated as business confidential information and be kept
`
`separate from the files of the involved patents are GRANTED; and
`
`FURTHER ORDERED that the joint motions to terminate the
`
`proceedings are GRANTED; and
`
`FURTHER ORDERED that the proceedings are TERMINATED.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2015-01360 (Patent 8,860,058)
`IPR2015-01361 (Patent 8,860,058)
`IPR2015-01378 (Patent 8,659,034)
`
`
`
`PETITIONER:
`
`Jennifer Sklenar
`Wallace Wu
`ARNOLD & PORTER, LLP
`Jennifer.Sklenar@aporter.com
`Wallace.Wu@aporter.com
`
`PATENT OWNER:
`
`Peter Dichiara
`Emily Whelan
`Andrej Barbic
`WILMER CUTLER PICKERING HALE AND DORR LLP
`peter.dichiara@wilmerhale.com
`emily.whelan@wilmerhale.com
`andrej.barbic@wilmerhale.com
`
`
`
`4
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
