`Trials@uspto.gov
`Entered: November 9, 2016
`
`571–272–7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`AMX, LLC and DELL INC.,
`Petitioner,
`
`v.
`
`CHRIMAR SYSTEMS, INC.,
`Patent Owner.
`_______________
`
`Case IPR2016-00569
`Patent 8,942,107 B2
`_______________
`
`
`
`Before KARL D. EASTHOM, GREGG I. ANDERSON, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`ANDERSON, Administrative Patent Judge.
`
`DECISION
`Termination of AMX, LLC
`35 U.S.C. § 317(a)
`
`
`
`
`
`
`
`
`IPR2016-00569
`Patent 8,942,107 B2
`
`
`I.
`INTRODUCTION
`AMX, LLC (“AMX”) and Chrimar Systems, Inc. (“Chrimar”) filed a
`Motion to Terminate Petitioner AMX, LLC. Paper 24 (“Motion” or “Mot.”).
`The parties also filed a true copy of a Confidential Settlement Agreement
`(“Agreement”). Ex. 1041. The parties identified the Agreement as business
`confidential information and requested that the Agreement be kept separate
`from the patent file. Paper 25, 1. For the reasons discussed below, the
`Motion is granted.
`
`II. ANALYSIS
`No oral hearing has occurred in this proceeding, and we have not
`made a decision on the merits. AMX and Chrimar indicate that, pursuant to
`the Agreement, they have settled their dispute regarding U.S. Patent No.
`8,942,107 B2. Mot. 1–2. The parties represent that “there is no other
`agreement, oral or written, between AMX and Chrimar made in connection
`with, or in contemplation of, the termination of AMX from this proceeding.”
`Id. at 2. Under these circumstances, we determine that it is appropriate to
`terminate this proceeding as to AMX. See 35 U.S.C. § 317(a). This
`proceeding is not terminated in its entirety, however, because Dell Inc. and
`Chrimar remain parties to this proceeding. We also determine that it is
`appropriate to treat the Agreement as business confidential information to be
`kept separate from the patent file. See 35 U.S.C. § 317(b).
`III. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the Motion to Terminate Petitioner AMX, LLC is
`granted;
`
`2
`
`
`
`IPR2016-00569
`Patent 8,942,107 B2
`
`
`FURTHER ORDERED that this proceeding is terminated as to AMX,
`LLC only; and
`FURTHER ORDERED that the request to treat the Confidential
`Settlement Agreement (Ex. 1041) as business confidential information to be
`kept separate from the patent file is granted.
`
`
`
`3
`
`
`
`IPR2016-00569
`Patent 8,942,107 B2
`
`PETITIONER:
`
`Brent A. Hawkins
`Amol A. Parikh
`MCDERMOTT, WILL & EMERY LLP
`bhawkins@mwe.com
`amparikh@mwe.com
`
`Gilbert A. Greene
`NORTON ROSE FULBRIGHT US LLP
`bert.greene@nortonrosefulbright.com
`
`
`
`PATENT OWNER:
`
`Justin S. Cohen
`THOMPSON & KNIGHT LLP
`justin.cohen@tklaw.com
`
`Richard W. Hoffman
`REISING ETHINGTON PC
`hoffmann@reising.com
`
`4
`
`