`
`571-272-7822
`Date Entered: August 26, 2016
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SMART MODULAR TECHNOLOGIES, INC.,
`Petitioners
`
`v.
`
`JAMES B. GOODMAN,
`Patent Owner
`____________
`
`Case IPR2015-01675
`Patent 6,243,315 B1
`____________
`
`
`
`
`
`
`Before BRIAN J. MCNAMARA, PATRICK M. BOUCHER, and
`GARTH D. BAER, Administrative Patent Judges.
`
`BAER, Administrative Patent Judge.
`
`
`ORDER AUTHORIZING FILING OF MOTION TO TERMINATE
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`IPR2015-01675
`Patent 6,243,315 B1
`
`
`In an e-mail correspondence on August 24, 2016, the parties advised
`the Board they seek authorization to file a joint motion to terminate this inter
`partes review. We authorize the parties to do so.
`The parties may agree to settle any issue in a proceeding pursuant to a
`written agreement, a copy of which must be filed with the Board before
`termination of the trial. 37 C.F.R. § 42.74(a)–(b). We remind the parties
`that an agreement or understanding between the patent owner and a
`petitioner, including any collateral agreements referred to in such agreement
`or understanding made in connection with, or in contemplation of, the
`termination of an inter partes review must be in writing and a true copy of
`the agreement or understanding must be filed in the Office before the
`termination. 35 U.S.C. § 317(b). The Joint Motion to Terminate also must
`include a statement certifying that there are no additional collateral
`agreements or understandings made in connection with, or in contemplation
`of, the termination of the inter partes review.
`An oral hearing is scheduled in this case for October 25, 2016. Due to
`the advanced status of the proceeding, the Motion to Terminate should
`explain the reasons the parties seek termination and why termination is
`appropriate. The Joint Motion to Terminate must update the Board
`concerning the status of any litigation or proceeding, including but not
`limited to proceedings in the U.S. Patent and Trademark Office involving
`the subject patent, and advise the Board whether any litigation or proceeding
`involving the subject patent is contemplated in the foreseeable future. A
`party to a settlement may request that any written agreement be treated as
`business confidential information and be kept separate from the files of an
`
`
`
`2
`
`
`
`
`IPR2015-01675
`Patent 6,243,315 B1
`
`
`involved patent. 35 U.S.C. § 317(b); 37 C.F.R. § 42.74(c). The request
`must be filed with the settlement. 37 C.F.R. § 42.74(c).
`It is ORDERED that the parties are authorized to file a Joint Motion
`to Terminate the proceeding and a Joint Request That the Settlement
`Agreement Be Treated as Business Confidential Information.
`
`
`
`PETITIONER:
`Michael F. Heafey
`mheafey@kslaw.com
`Sanjiva K. Reddy
`sreddy@kslaw.com
`
`PATENT OWNER:
`David Fink
`texascowboy6@gmail.com
`Kenneth A. Roddy
`federallitigataionlaw@gmail.com
`
`
`
`
`3
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