`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`PLAID TECHNOLOGIES, INC.
`Petitioner
`
`v.
`
`
`
`
`
`YODLEE, INC.
`Patent Owner
`
`
`
`
`
`Case No. IPR2016-00273
`U.S. Patent No. 6,317,783
`
`
`
`
`
`JOINT MOTION TO TERMINATE PROCEEDING UNDER 35 U.S.C. § 317
`
`
`
`Joint Motion to Terminate Proceeding
`Case IPR2016-00273
`Pursuant to 35 U.S.C. § 317(a), the Petitioner, Plaid Technologies, Inc., and
`
`Patent Owner, Yodlee, Inc., (collectively, “Parties”) hereby jointly move for an
`
`order terminating the inter partes review, subject to the terms of the Settlement
`
`Agreement, dated January 31, 2017, entered into by the Parties.
`
`The IPR Proceeding relates to a petition for Inter Partes Review filed
`
`December 2 ,2015, directed to U.S. Patent No. 6,317,783 (the “’783 Patent”), and
`
`assigned Proceeding Number IPR2016-00273. Patent Owner filed a Preliminary
`
`Response on March 11, 2016. (Paper No. 8.) The PTAB instituted trial on June 8,
`
`2016. (Paper No. 10.)
`
`The Parties have settled their dispute, and have reached agreement to
`
`terminate this IPR Proceeding. The Parties’ Settlement Agreement has been made
`
`in writing, and a copy of same is being filed concurrently herewith as an Exhibit.
`
`There are no other agreements relating to the proceeding.
`
`In addition, the Parties desire that the Settlement Agreement be maintained as
`
`business confidential information under 37 C.F.R. § 42.74(c), and a separate joint
`
`request to that effect is being filed concurrently herewith.
`
`As stated in 35 U.S.C. § 317(a), because Petitioner and Patent Owner jointly
`
`request this termination, no estoppel under 35 U.S.C. § 315(e) shall attach to
`
`Petitioner.
`
`
`
`1
`
`
`
`Joint Motion to Terminate Proceeding
`Case IPR2016-00273
`
`1.
`
`Reasons Why Termination Is Appropriate
`
`Termination is proper under 35 U.S.C. § 317(a) because the Parties are jointly
`
`requesting termination, and the Office has not yet “decided the merits of the
`
`proceeding before the request for termination is filed.” As noted in the Patent Office
`
`Trial Practice Guidelines, “there are strong public policy reasons to favor settlement
`
`between the parties to a proceeding . . . .The Board expects that a proceeding will
`
`terminate after the filing of a settlement agreement, unless the Board has already
`
`decided the merits of the proceeding. 35 U.S.C. 317(a), as amended, and 35 U.S.C.
`
`327.”1 Accordingly, termination is appropriate here.
`
`2.
`
`Status of Related District Court Litigation
`
`The litigation styled Yodlee, Inc. v. Plaid Technologies, Inc., Case Number
`
`14-1445-LPS-CJB, District of Delaware has settled and been dismissed.
`
`3.
`
`Related PTAB Proceedings
`
`The Parties are also involved in the following PTAB proceedings, and
`
`pursuant to the Settlement Agreement, shall submit a joint motion to terminate each
`
`of these proceedings as well:
`
`Case Number
`CBM2016-00056
`CBM2016-00088
`CBM2016-00089
`
`Patent Number
`6,510,451
`7,752,535
`8,266,515
`
`
`
`
`1 See Federal Register Vol. 77, No. 157 at 48768.
`
`
`
`2
`
`
`
`Joint Motion to Terminate Proceeding
`Case IPR2016-00273
`For the foregoing reasons, the Parties jointly request termination of Case
`
`
`
`Respectfully submitted,
`
`/David L. Cavanaugh/
`David Cavanaugh (Reg. No. 36,476),
`for Petitioner, Plaid Technologies,
`Inc.
`
`
`
`/David Hoffman/
`David Hoffman (Reg. No. 54,174),
`for Patent Owner, Yodlee, Inc.
`
`3
`
`IPR2016-00273.
`
`Date: February 7, 2017
`
`Date: February 7, 2017
`
`
`
`
`
`
`
`Joint Motion to Terminate Proceeding
`Case IPR2016-00273
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR §§ 42.6(e)(4) and 42.205(b), the undersigned certifies
`
`that on February 7, 2017, a complete and entire copy of this Patent Owner Yodlee
`
`Inc.’s Joint Motion to Terminate Proceeding was provided via electronic service, to
`
`the Petitioner by serving the correspondence address of record as follows:
`
`Brian Buroker
`Omar Amin
`Gibson, Dunn & Crutcher LLP
`1050 Connecticut Avenue, N.W.
`Washington, D.C. 20036-5306
`
`E-mail: bburoker@gibsondunn.com
` oamin@gibsondunn.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Jessica K. Detko/
`
`Jessica K. Detko
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(612) 337-2516
`
`4
`
`
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
