`571-272-7822
`
`
` Paper No. 8
` Entered: September 14, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`VERIZON SERVICES CORP., VERIZON SOUTH INC., VERIZON
`VIRGINIA LLC, VERIZON COMMUNICATIONS INC., VERIZON
`FEDERAL INC., VERIZON BUSINESS NETWORK SERVICES INC.,
`AND MCI COMMUNICATIONS SERVICES, INC.,
`Petitioner,
`
`v.
`
`SPHERIX INCORPORATED,
`Patent Owner.
`
`
`
`Case IPR2015-01381
`Patent 6,980,564 B1
`
`
`
`Before THOMAS L. GIANNETTI, MATTHEW R. CLEMENTS, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`KINDER, Administrative Patent Judge.
`
`DECISION
`Joint Motion to Terminate
`37 C.F.R. § 42.5(a), 42.71(a)
`
`
`
`
`
`
`
`IPR2015-01381
`Patent 6,980,564 B1
`
`On September 10, 2015, the parties filed a “Joint Motion to Terminate
`
`the Proceeding” along with a “Joint Request to Treat Settlement Agreement
`
`as Business Confidential Under 35 U.S.C. § 317(b) and 37 C.F.R.
`
`§ 42.74(c)” based on a settlement agreement that resolves the parties’
`
`disputes related to the challenged patent. Paper 6. See also 37 C.F.R.
`
`§ 42.74(c) (“A party to a settlement may request that the settlement be
`
`treated as business confidential information and be kept separate from the
`
`files of an involved patent or application.”). The parties concurrently filed a
`
`copy of the settlement agreement as Exhibit 1010.
`
`We have not yet entered a decision on institution in this proceeding.
`
`Under these circumstances, we determine that it is appropriate to dismiss the
`
`Petition. See 37 C.F.R. §§ 42.5(a), 42.71(a). This paper does not constitute
`
`a final written decision pursuant to 35 U.S.C. § 318(a).
`
`
`
`Accordingly, it is
`
`ORDER
`
`ORDERED that the Joint Motion to Terminate is granted; and
`
`FURTHER ORDERED that the settlement agreement (Exhibit 1010)
`
`be treated as business confidential information and be kept separate from the
`
`files of the involved U.S. Patent No. 6,980,564 B1.
`
`
`
`
`
`IPR2015-01381
`Patent 6,980,564 B1
`
`For PETITIONER:
`
`Dinesh N. Melwani
`Roland G. McAndrews
`Aaron M. Johnson
`Bookoff McAndrews, PLLC
`dmelwani@bookoffmcandrews.com
`rmcandrews@bookoffmcandrews.com
`ajohnson@bookoffmcandrews.com
`
`For PATENT OWNER:
`
`Darrell G. Dotson
`Spherix Incorporated
`ddotson@spherix.com