`Trials@uspto.gov
`571-272-7822 Entered: January 14, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RARITAN AMERICAS, INC. D/B/A RARITAN COMPUTER, INC.,
`Petitioner,
`
`v.
`
`SERVER TECHNOLOGY, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-01596 (Patent 7,702,771)
`Case IPR2015-01597 (Patent 7,043,543)1
`____________
`
`
`Before SALLY C. MEDLEY, GLENN J. PERRY, and
`KIMBERLY McGRAW, Administrative Patent Judges.
`
`McGRAW, Administrative Patent Judge.
`
`
`JUDGMENT
`Termination of the Procceding
`37 C.F.R. § 42.73
`
`
`
`
`
`
`
`1 This order applies to each of the above-listed cases. Although we issue one
`order to be docketed in each case, the parties are not authorized to use this
`caption for any subsequent papers.
`
`
`
`
`
`IPR2015-01596 (Patent 7,702,771)
`IPR2015-01597 (Patent 7,043,543)
`
`
`
`
`On January 8, 2016, the parties filed a joint motion to terminate in
`
`IPR2015-01596 and IPR2015-0197, stating the parties have settled their
`
`dispute and have agreed in a confidential settlement agreement to terminate
`
`the proceedings. Paper 10.2 The parties concurrently filed, in each
`
`proceeding, a joint request to file the settlement agreement as business
`
`confidential information pursuant to 35 U.S.C. § 317. Paper 11; 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 represent that a true and correct copy of the agreed-upon
`
`confidential Settlement Agreement was provided as Exhibit 1033 and that no
`
`collateral agreements were made in connection with the termination of this
`
`proceeding. Paper 10. The parties also represent that the settlement
`
`agreement resolves other related litigation proceedings involving the subject
`
`patent and that no other proceedings concerning the subject patent are
`
`contemplated by these parties in the foreseeable future. Id. We accept the
`
`parties’ representations.
`
`These proceedings are at an early stage and we have not yet instituted
`
`a trial. Based on the facts of these cases, it is appropriate to terminate the
`
`proceedings with respect to both parties. Therefore, the joint motions to
`
`terminate the proceedings are granted.
`
`Accordingly, it is
`
`
`
`2 All citations in this decision are to the filings in IPR2015-01596.
`
`2
`
`
`
`IPR2015-01596 (Patent 7,702,771)
`IPR2015-01597 (Patent 7,043,543)
`
`
`ORDERED that the joint motions to terminate the proceedings are
`
`granted and each of the proceedings is terminated with respect to both the
`
`Petitioner and the Patent Owner; and
`
`FURTHER ORDERED that in each of these proceedings, the
`
`confidential settlement agreement be treated as business confidential
`
`information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) and be kept
`
`separate from the file of the patent.
`
`
`
`
`
`3
`
`
`
`4
`
`IPR2015-01596 (Patent 7,702,771)
`IPR2015-01597 (Patent 7,043,543)
`
`
`FOR PETITIONER:
`
`Reginald J. Hill
`Michael Babbitt
`JENNER & BLOCK
`rhill@jenner.com
`mbabbitt@jenner.com
`
`
`
`FOR PATENT OWNER:
`
`Kenneth C. Winterton
`HOLLAND & HART LLP
`kcwinterton@hollandhart.com
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