`571-272-7822
`
`
`
`
`Paper 12
`
`Entered: June 24, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`
`PROOFPOINT, INC., and AMORIZE TECHNOLOGIES, INC.,
`Petitioner,
`
`v.
`
`FINJAN, INC.,
`Patent Owner.
`
`_______________
`
`Case IPR2016-00937 (Patent 8,141,154 B2)
`Case IPR2016-00966 (Patent 7,647,633 B2)
`Case IPR2016-00967 (Patent 8,225,408 B2)
`Case IPR2016-00970 (Patent 8,225,408 B2)
`
`_______________
`
`
`
`Before THOMAS L GIANNETTI, MIRIAM L. QUINN, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`JUDGMENT
`Termination of Proceeding
`37 C.F.R. § 42.72
`
`
`
`IPR2016-00937 (Patent 8,141,154 B2)
`IPR2016-00966 (Patent 7,647,633 B2)
`IPR2016-00967 (Patent 8,225,408 B2)
`IPR2016-00970 (Patent 8,225,408 B2)
`
`
`On June 16, 2016, the parties filed a joint motion to terminate each of
`the instant proceedings pursuant to a settlement agreement. Paper 8.1 The
`parties also filed a true copy of their written settlement agreement, made in
`connection with the termination of the instant proceedings, in accordance
`with 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Exhibit 1041.
`Additionally, the parties submitted a joint request to have their settlement
`agreement treated as confidential business information under 35 U.S.C.
`§ 317(b) and 37 C.F.R. § 42.74(c). Paper 9.
`The instant proceedings are in the preliminary stage. The Board has
`not decided whether trial will be instituted or whether the pending motions
`for joinder will be granted. Further, the deadline to file a patent owner
`response is almost a month away. The parties submit that termination is
`appropriate because the parties have settled their dispute, and the Board has
`not reached the merits of the proceedings. Paper 8, 2 and n.2.
`Upon consideration of the requests before us, we determine that
`terminating the instant proceedings with respect to both Petitioner and Patent
`Owner, at this early juncture, promotes efficiency, conserves Board
`resources, and minimizes unnecessary costs. Based on the present facts and
`circumstances, it is appropriate to enter judgment.2 See 35 U.S.C. § 317(a);
`37 C.F.R. § 42.72.
`
`
`1 We refer throughout this order to the papers filed in IPR2016-00937, as the
`filings are identical in all of the captioned proceedings.
`2 A judgment means a final written decision by the Board, or a termination
`of a proceeding. 37 C.F.R. § 42.2.
`
`
`
`2
`
`
`
`IPR2016-00937 (Patent 8,141,154 B2)
`IPR2016-00966 (Patent 7,647,633 B2)
`IPR2016-00967 (Patent 8,225,408 B2)
`IPR2016-00970 (Patent 8,225,408 B2)
`
`
`Accordingly, it is:
`ORDERED that the joint motions to terminate IPR2016-00937,
`
`IPR2016-00966, IPR2016-00967, and IPR2016-00970 are granted;
`FURTHER ORDERED that the instant proceedings are hereby
`terminated as to all parties, including Petitioner and Patent Owner; and
`FURTHER ORDERED that the parties’ joint request that the
`settlement agreement be treated as business confidential information, kept
`separate from the patent file, and made available only to Federal
`Government agencies on written request, or to any person on a showing of
`good cause, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is
`granted.
`
`
`
`
`3
`
`
`
`IPR2016-00937 (Patent 8,141,154 B2)
`IPR2016-00966 (Patent 7,647,633 B2)
`IPR2016-00967 (Patent 8,225,408 B2)
`IPR2016-00970 (Patent 8,225,408 B2)
`
`PETITIONER:
`Joseph J. Richetti
`Kevin Paganini
`Joe.richetti@bryancave.com
`IPR2016-00966@bryancave.com
`IPR2016-00967@bryancave.com
`IPR2016-00970@bryancave.com
`Kevin.paganini@bryancave.com
`PTAB-NY@bryancave.com
`
`PATENT OWNER:
`James Hannah
`Michael Lee
`Jeffrey H. Price
`Shannon Hedvat
`jhannah@kramerlevin.com
`mhlee@kramerlevin.com
`jprice@kramerlevin.com
`shedvat@kramerlevin.com
`
`Michael Kim
`mkim@finjan.com
`
`
`
`
`
`
`
`4
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