`Entered: February 10, 2017
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICROSOFT CORPORATION, MICROSOFT MOBILE INC., SAMSUNG
`ELECTRONICS AMERICA, INC., and SAMSUNG ELECTRONICS CO. LTD.,
`Petitioner,
`
`v.
`
`FASTVDO LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01179
`Patent 5,850,482
`____________
`
`
`Before JEFFREY S. SMITH, PATRICK M. BOUCHER, and PETER P. CHEN,
`Administrative Patent Judges.
`
`SMITH, Administrative Patent Judge.
`
`
`
`DECISION
`JOINT MOTION TO TERMINATE
`35 U.S.C. § 317
`
`
`
`
`
`
`Case IPR2016-01179
`Patent 5,850,482
`
`
`
`
`
`On February 1, 2017, Microsoft Corporation and Microsoft Mobile Inc.
`(“Moving Petitioner Parties”) and Patent Owner FastVDO LLC (“Patent Owner”)
`requested that this proceeding be terminated with respect to the Moving Petitioner
`Parties pursuant to 35 U.S.C. § 317(a). Paper 17. Moving Petitioner Parties and
`Patent Owner represent that “Microsoft Mobile Inc. and Microsoft Corporation
`have reached a settlement of their disputes with Patent Owner concerning the
`subject patent. Accordingly, the parties jointly request termination of these
`proceedings with respect to the Moving Petitioner Parties.” Id.
`The parties also represent that on January 6, 2017, the related district court
`matter was dismissed with prejudice against Microsoft Mobile Inc. Id. With their
`joint motion to terminate, Moving Petitioner Parties and Patent Owner also filed a
`copy of their written settlement and release agreement. Ex. 1015. Moving
`Petitioner Parties and Patent Owner request the agreement be treated as business
`confidential information under 35 U.S.C. § 317(b). Paper 18.
`At this stage of the proceeding, the Board has not decided the merits of the
`proceeding. Under these circumstances, we determine that it is appropriate to
`terminate these proceedings as to Microsoft Corporation and Microsoft Mobile Inc.
`The proceedings are not terminated with respect to Samsung Electronics America,
`Inc. and Samsung Electronics Co. Ltd.
`Accordingly, it is
`ORDERED that the joint motion to terminate this proceeding with respect to
`Microsoft Corporation and Microsoft Mobile Inc. is granted;
`FURTHER ORDERED that the joint requests that the settlement and release
`agreement be treated as business confidential information and be kept separate
`from the file of the involved parties under the provisions of 35 U.S.C. § 317(b), i.e.
`
`2
`
`
`
`
`Case IPR2016-01179
`Patent 5,850,482
`
`
`
`to be made available only to Federal Government agencies on written request, or to
`any person on a showing of good cause, is granted;
`FURTHER ORDERED that this proceeding will continue with Samsung
`Electronics America, Inc. and Samsung Electronics Co. Ltd. as the Petitioner.
`
`
`
`PETITIONER:
`
`Derrick W. Toddy
`Garth A. Winn
`John D. Vandenberg
`KLARQUIST SPARKMAN, LLP
`derrick.toddy@klarquist.com
`garth.winn@klarquist.com
`john.vandenberg@klarquist.com
`
`
`
`PATENT OWNER:
`
`Wayne M. Helge
`Walter D. Davis
`Amir Naini
`Neil Rubin
`DAVIDSON, BERQUIST, JACKSON & GOWDEY, LLP
`whelge@dbjg.com
`wdavis@dbjg.com
`anaini@raklaw.com
`nrubin@raklaw.com
`
`
`3
`
`
`
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