`Patent 7,973,773
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner
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`v.
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`TACTILE FEEDBACK TECHNOLOGY, LLC,
`Patent Owner
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`Case No.: IPR2016-00206
`Patent 7,973,773
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`JOINT MOTION TO TERMINATE PROCEEDING
`PURSUANT TO 35 U.S.C. § 317(a) AND 37 C.F.R. § 42.72
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`Pursuant to 35 U.S.C. § 317(a) and 37 C.F.R. § 42.72, Petitioner, Samsung
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`Electronics America, Inc., and Patent Owner, Tactile Feedback Technology, LLC,
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`jointly request termination of Inter Partes Review No. IPR2016-00206. The Board
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`authorized this motion on February 4, 2016.
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`Petitioner and Patent Owner jointly respectfully submit that termination is
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`appropriate because the Parties (1) have reached an agreement resolving the
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`dispute involving the patent at issue in this IPR; (2) termination of the IPR is
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`requested prior to a Decision on Institution of the IPR; (3) the prior litigation
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`between the Parties in connection with the patent at issue has been dismissed; (4)
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`the Parties do not foresee any future litigation between them relating to the patent
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`at issue in this IPR; and (5) there are no other petitioners to this IPR other than
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`Samsung Electronics America, Inc.
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`A proceeding shall be terminated with respect to the Petitioner unless the
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`Board has already decided the merits. 35 U.S.C. § 317(a). Here, no decision on
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`the merits has issued, and the Board can terminate this proceeding in its entirety.
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`Such termination is appropriate. 37 C.F.R. § 42.72. In accord with 35 U.S.C.
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`§ 317(a), no estoppel under Section 315(e) shall attach to Petitioner or its privies.
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`As required by 35 U.S.C. § 317(b) and 37 C.F.R. § 42.72(b), filed herewith
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`is a true copy of the written settlement agreement (“Agreement”) resolving the
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`dispute in this IPR. (See, Confidential Exhibit 1029). The Parties represent,
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`pursuant to 35 U.S.C. § 317(b), that other than the agreement or understanding
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`between the Parties made in connection with, or in contemplation of, the
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`termination of this IPR, there are no collateral agreements made in connection with
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`the termination of this IPR.
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`Petitioner and Patent Owner are concurrently filing a Joint Request that the
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`Agreement, Confidential Exhibit 1029, be treated as business confidential
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`information, kept separate from the file of the patent at issue in this IPR, and made
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`available only to Federal Government agencies on written request, or to any person
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`on a showing of good cause pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
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`§ 42.74(c).
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`The Parties concurrently file this same joint motion in Case Nos. IPR 2016-
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`00202, IPR 2016-00205 and IPR 2016-00207.
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`Dated: February 9, 2016
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`Respectfully submitted,
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`By: Arnold & Porter LLP
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`/Jennifer Sklenar/
`Jennifer Sklenar, Reg. No. 40,205
`Arnold & Porter LLP
`777 South Figueroa Street, 44th Floor
`Los Angeles, CA 90017
`Email: jennifer.sklenar@aporter.com
`Attorneys for Petitioner Samsung
`Electronics America, Inc.
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`13975303.2
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`By: Warner Norcross & Judd LLP
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`/R. Michael Azzi/
`R. Michael Azzi, Reg. No. 66,628
`Warner Norcross & Judd LLP
`900 Fifth Third Center
`111 Lyon Street NW
`Grand Rapids, MI 49503
`Email: mazzi@wnj.com
`Attorneys for Patent Owner Tactile
`Feedback Technology, LLC
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`CERTIFICATE OF SERVICE
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`It is hereby certified that on this 9th day of February, 2016, a copy of the
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`foregoing document was serviced via electronic mail and Federal Express upon the
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`following:
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`Jennifer Sklenar, Reg. No. 40,205
`Arnold & Porter LLP
`777 South Figueroa Street, 44th Floor
`Los Angeles, CA 90017-5844
`jennifer.sklenar@aporter.com
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`and
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`Jin-Suk Park, Reg. No. 50,678
`Arnold & Porter LLP
`601 Massachusetts Avenue NW
`Washington, DC 20001-3743
`jin.park@aporter.com
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`By: Warner Norcross & Judd LLP
`/R. Michael Azzi/
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`R. Michael Azzi, Reg. No. 66,628
`Warner Norcross & Judd LLP
`900 Fifth Third Center
`111 Lyon Street NW
`Grand Rapids, MI 49503
`Tel: (616) 752-2784
`Fax: (616) 222-2784
`Email: mazzi@wnj.com
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`Attorneys for Tactile Feedback
`Technology, LLC
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`Dated: February 9, 2016
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`13975303.2