`Trials@uspto.gov
`Entered: January 20, 2017
`
`571–272–7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`DELL INC.,
`Petitioner,
`
`v.
`
`CHRIMAR SYSTEMS, INC.,
`Patent Owner.
`_______________
`
`Case IPR2016-00574
`Patent 8,902,760 B2
`_______________
`
`
`
`Before KARL D. EASTHOM, GREGG I. ANDERSON, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`DECISION
`Termination of the Proceeding
`35 U.S.C. § 317(a)
`
`
`
`
`
`
`
`
`IPR2016-00574
`Patent 8,902,760 B2
`
`
`INTRODUCTION
`I.
`Dell Inc. (“Dell”) and Chrimar Systems, Inc. (“Chrimar”) filed a Joint
`Motion to Terminate the Proceeding. Paper 43 (“Motion” or “Mot.”). The
`parties also filed a true copy of a Settlement and License Agreement
`(“Agreement”). Ex. 1042. The parties identified the Agreement as business
`confidential information and requested that the Agreement be kept separate
`from the patent file. Paper 44 (“Joint Request”). For the reasons discussed
`below, the Motion and Joint Request are granted.
`II. ANALYSIS
`In general, “[a] motion will not be entered without Board
`authorization.” 37 C.F.R. § 42.20(b). Here, the parties did not seek
`authorization from the Board prior to filing the Motion. Nonetheless,
`because there is no apparent prejudice, we treat the Motion as if it were
`authorized. The parties are instructed, though, to seek Board authorization,
`where required, for any future motions in this case and any other cases
`before the Board.
`Turning to the merits, no oral hearing has occurred in this proceeding,
`and we have not made a decision on the merits. Dell and Chrimar indicate
`that, pursuant to the Agreement, they have settled their dispute regarding
`U.S. Patent No. 8,902,760 B2. Mot. 1–2. The parties represent that “there is
`no other agreement, oral or written, between the parties made in connection
`with, or in contemplation of, the termination of this proceeding.” Id. at 2.
`Under these circumstances, we determine that it is appropriate to terminate
`this proceeding. See 35 U.S.C. § 317(a). 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).
`
`2
`
`
`
`IPR2016-00574
`Patent 8,902,760 B2
`
`
`III. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the Joint Motion to Terminate the Proceeding is
`granted;
`FURTHER ORDERED that this proceeding is terminated as to all
`parties; and
`FURTHER ORDERED that the Joint Request to treat the Settlement
`and License Agreement (Ex. 1042) as business confidential information to
`be kept separate from the patent file is granted.
`
`
`
`3
`
`
`
`IPR2016-00574
`Patent 8,902,760 B2
`
`PETITIONER:
`
`Gilbert A. Greene
`James G. Warriner
`Stephanie N. DeBrow
`NORTON ROSE FULBRIGHT US LLP
`bert.greene@nortonrosefulbright.com
`jim.warriner@nortonrosefulbright.com
`stephanie.debrow@nortonrosefulbright.com
`
`PATENT OWNER:
`
`Justin S. Cohen
`THOMPSON & KNIGHT LLP
`justin.cohen@tklaw.com
`
`Richard W. Hoffman
`REISING ETHINGTON PC
`hoffmann@reising.com
`
`4
`
`