`571-272-7822
`
` Paper 14
`
`
`Entered: August 31, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SK HYNIX INC., SK HYNIX AMERICA INC.,
`SK HYNIX MEMORY SOLUTIONS INC., and
`HYNIX SEMICONDUCTOR MANUFACTURING AMERICA INC.,
`Petitioner,
`
`v.
`
`DSS TECHNOLOGY MANAGEMENT, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-00192
`Patent 6,784,552 B2
`
`
`
`Before BRYAN F. MOORE, BRIAN J. McNAMARA, and
`MINN CHUNG, Administrative Patent Judges.
`
`CHUNG, Administrative Patent Judge.
`
`JUDGMENT
`TERMINATION OF THE PROCEEDING
`37 C.F.R. § 42.73
`
`
`
`
`
`
`
`IPR2016-00192
`Patent 6,784,552 B2
`
`
`
`The parties have requested that this trial proceeding be terminated
`pursuant to a settlement. On August 25, 2016, we authorized the parties to
`file a Joint Motion to Terminate the proceeding and a Joint Request to treat
`their settlement agreement as business confidential information. Paper 11.
`On August 26, 2016, the parties filed a Joint Motion to Terminate, Paper 12,
`and a Joint Request to File Settlement Agreement as Business Confidential
`Information, Paper 13. See 35 U.S.C. § 317; 37 C.F.R. §§ 42.72, 42.74.
`The parties also filed a copy of their written settlement agreement.
`Ex. 1012. The parties indicated in their Joint Motion that termination of this
`proceeding is appropriate because they have reached a settlement agreement
`resolving all underlying disputes between the parties with respect to U.S.
`Patent No. 6,784,552 B2 (“the ’552 patent”). Paper 12, 3.
`A Decision on Institution instituting a trial in this proceeding was
`entered on May 11, 2016. Paper 8. Although a Patent Owner’s Response
`was filed on August 11, 2016, Petitioner’s Reply is not due until November
`14, 2016, under the current Scheduling Order. Paper 9. No oral hearing has
`been scheduled. Under these circumstances, we determine that it is
`appropriate to enter judgment1 and terminate this proceeding without
`rendering a Final Written Decision. See 37 C.F.R. §§ 42.72, 42.73, 42.74.
`It is, therefore,
`ORDERED that the joint motion to terminate the proceeding is
`GRANTED, and the proceeding is hereby terminated; and
`FURTHER ORDERED that the parties’ joint request that the
`
`
`1 A judgment means a final written decision by the Board, or a termination
`of a proceeding. 37 C.F.R. § 42.2.
`
`2
`
`
`
`IPR2016-00192
`Patent 6,784,552 B2
`
`
`
`settlement agreement (Ex. 1012) be treated as business confidential
`information, kept separate from the file of the ’552 patent, and made
`available only to Federal Government agencies on written request, or to any
`person on a showing of good cause, under the provisions of
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) is GRANTED.
`
`3
`
`
`
`
`
`
`
`
`
`IPR2016-00192
`Patent 6,784,552 B2
`
`
`
`PETITIONER:
`Heath Briggs
`Patrick McCarthy
`GREENBERG TRAURIG, LLP
`briggsh@gtlaw.com
`mccarthyp@gtlaw.com
`
`
`
`4
`
`PATENT OWNER:
`Andriy Lytvyn
`Anton J. Hopen
`Nicholas Pfeifer
`SMITH & HOPEN, P.A.
`andriy.lytvyn@smithhopen.com
`anton.hopen@smithhopen.com
`nicholas.pfeifer@smithhopen.com
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