`
`571-272-7822
`Date Entered: April 1, 2016
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WAVES AUDIO, LTD,
`Petitioner,
`
`v.
`
`ANDREA ELECTRONICS CORP.,
`Patent Owner.
`____________
`
`Case IPR2016-00459
`Patent 6,363,345 B1
`____________
`
`
`
`
`
`
`
`Before MICHAEL R. ZECHER, TREVOR M. JEFFERSON, and
`JEREMY M. PLENZLER, Administrative Patent Judges.
`
`PLENZLER, Administrative Patent Judge.
`
`DECISION
`Termination of the Proceeding
`37 C.F.R. §§ 42.72 and 42.74
`
`
`
`
`
`
`
`
`IPR2016-00459
`Patent 6,363,345 B1
`
`
`
`I. DISCUSSION
`On March 8, 2016, the parties filed a Joint Motion to Terminate this
`proceeding (Paper 9), a true copy of the parties’ settlement agreement (Ex. 2001),
`and a request to treat the settlement agreement as business confidential information
`under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) (Paper 10).
`This proceeding is still in its preliminary stages. Petitioner, Waves Audio,
`LTD (“Waves”), filed an Amended Petition requesting an inter partes review of
`claims 1–3, 12–14, 17, 21, 23, 25, 38 and 47 of U.S. Patent No. 6,363,345 B1 (“the
`’345 patent”) on January 22, 2016. Paper 5. Patent Owner, Andrea Electronics
`Corporation (“Andrea”), has not filed a Preliminary Response, and we have not
`entered a decision whether or not to institute an inter partes review.
`In the Joint Motion to Terminate this proceeding, the parties represent that
`they have settled their disputes regarding the ’345 patent. Paper 9, 2. The parties
`identify the following related matters: (1) the ’345 patent was asserted against
`multiple companies in the United States District Court for the Eastern District of
`New York; and (2) the ’345 patent is the subject of an International Trade
`Commission investigation. Id. at 2–3. The parties, however, do not represent that
`the ’345 patent is involved in any other proceedings before the Office. See
`generally id. Under these circumstances, we determine that it is appropriate to
`terminate this proceeding without rendering any further decisions. See 37 C.F.R.
`§ 42.72.
`
`
`
`
`2
`
`
`
`IPR2016-00459
`Patent 6,363,345 B1
`
`
`
`II. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the parties’ request to treat the settlement agreement
`(Ex. 2001) as business confidential information under 35 U.S.C. § 317(b) and 37
`C.F.R. § 42.74(c) is GRANTED; and
`FURTHER ORDERED that the Joint Motion to Terminate this proceeding is
`GRANTED, and this proceeding is hereby terminated.
`
`
`
`3
`
`
`
`
`
`
`
`IPR2016-00459
`Patent 6,363,345 B1
`
`
`For PETITIONER:
`
`J. Scott Denko
`Patrick Stellitano
`Denko Lauff LLP
`denko@dcllegal.com
`stellitano@dcllegal.com
`
`For PATENT OWNER:
`
`Andy Chan
`George Haight
`Andrew Schultz
`Yue Li
`Pepper Hamilton LLP
`chana@pepperlaw.com
`haightg@pepperlaw.com
`schultza@pepperlaw.com
`liy@pepperlaw.com
`
`
`
`
`
`4
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