`Tel: 571.272.7822
`
`Paper 14
`Entered: April 8, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`TRACBEAM, LLC,
`Patent Owner.
`
`Case IPR2015-01695 (Patent 7,298,327 B2)
`Case IPR2015-01697 (Patent 7,525,484 B2)
`Case IPR2015-01701 (Patent 8,032,153 B2)
`Case IPR2015-01703 (Patent 7,764,231 B1)1
`
`Before KEVIN F. TURNER, RICHARD E. RICE, DAVID C. MCKONE,
`JAMES A. TARTAL, BARBARA A. PARVIS, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`DECISION
`Joint Motion to Terminate Pursuant to Settlement
`35 U.S.C. § 317(a) and 37 C.F.R. §§ 42.72–42.74
`
`
`
`
`1 This Decision addresses the same issue in these four inter partes reviews.
`We exercise our discretion to issue one Order to be docketed in each case.
`The parties, however, are not authorized to use this style of filing in
`subsequent papers, without prior authorization.
`
`
`
`IPR2015-01695 (Patent 7,298,327), IPR2015-01697 (Patent 7,525,484),
`IPR2015-01701 (Patent 8,032,153), IPR2015-01703 (Patent 7,764,231)
`On April 5, 2016, and pursuant to 35 U.S.C. § 317(a), the parties filed
`a joint motion to terminate in each of the above cited proceedings.
`IPR2015-01695, Paper 12; IPR2015-01697, Paper 12; IPR2015-01701,
`Paper 10; IPR2015-01703, Paper 9. Along with each joint motion, the
`parties filed a Settlement Agreement. IPR2015-01695, Ex. 1012; IPR2015-
`01697, Ex. 1011; IPR2015-01701, Ex. 1012; IPR2015-01703, Ex. 1012.
`The parties also filed in each case a joint request that the settlement
`agreement be treated as business confidential information pursuant to
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). IPR2015-01695, Paper 13;
`IPR2015-01697, Paper 13; IPR2015-01701, Paper 11; IPR2015-01703,
`Paper 10. We authorized the above filings on April 1, 2016.
`The parties represent that they have settled their disputes and
`memorialized their settlement in the written agreement submitted in each
`case. IPR2015-01695, Paper 12; IPR2015-01697, Paper 12; IPR2015-
`01701, Paper 10; IPR2015-01703, Paper 9. In the joint motions, the parties
`also represent that the settlement agreement resolves all disputes between
`the parties in the inter partes reviews and the related lawsuit. IPR2015-
`01695, Paper 12; IPR2015-01697, Paper 12; IPR2015-01701, Paper 10;
`IPR2015-01703, Paper 9.
`The joint motion identifies defendants other than Petitioner that are
`involved in the related lawsuit. The other defendants have filed other
`petitions. On this record, no motion by any third party for joinder with these
`inter partes reviews is pending.
`This matter is at a stage prior to its final hearing, with no decision on
`the merits having been made. Upon consideration of the facts before us, we
`determine that it is appropriate to terminate the proceedings with respect to
`both parties. See 35 U.S.C. § 317(a); 37 C.F.R. §§ 42.72, 42.74. Therefore,
`
`2
`
`
`
`IPR2015-01695 (Patent 7,298,327), IPR2015-01697 (Patent 7,525,484),
`IPR2015-01701 (Patent 8,032,153), IPR2015-01703 (Patent 7,764,231)
`the joint motions to terminate the proceedings are granted. This paper does
`not constitute a final written decision pursuant to 35 U.S.C. § 318(a).
`
`3
`
`
`
`IPR2015-01695 (Patent 7,298,327), IPR2015-01697 (Patent 7,525,484),
`IPR2015-01701 (Patent 8,032,153), IPR2015-01703 (Patent 7,764,231)
`
`
`ORDER
`For the foregoing reasons, it is:
`ORDERED that the parties’ joint request in each proceeding that the
`settlement agreement (IPR2015-01695, Ex. 1012; IPR2015-01697,
`Ex. 1011; IPR2015-01701, Ex. 1012; IPR2015-01703, Ex. 1012) be treated
`as business confidential information and be kept separate from the patent file
`is granted; and
`FURTHER ORDERED that the joint motions to terminate in each of
`the IPR2015-01695, IPR2015-01697, IPR2015-01701, and IPR2015-01703
`proceedings are granted and each of the proceedings is terminated with
`respect to both Petitioner and Patent Owner.
`
`
`4
`
`
`PETITIONER:
`David L. Fehrman
`Martin M. Noonen
`10684-TracBeam-IPR@mofo.com
`
`
`
`PATENT OWNER:
`Sean A. Luner
`sean@dovellaw.com
`
`Steven C. Sereboff
`ssereboff@socalip.com
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