`571.272.7822
`
`
`Paper No. 9
`
` Filed: January 31, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`VOLKSWAGEN GROUP OF AMERICA, INC.,
`Petitioner,
`
`v.
`
`BLITZSAFE TEXAS, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01449
`Patent 8,155,342 B2
`____________
`
`
`
`Before JAMES T. MOORE, MIRIAM L. QUINN, and
`KERRY BEGLEY, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Joint Motion to Dismiss Petition
`37 C.F.R. §§ 42.71(a), 42.74
`
`
`
`
`
`
`
`
`
`IPR2016-01449
`Patent 8,155,342 B2
`
`I. BACKGROUND
`
`Volkswagen Group of America, Inc.1 (“Petitioner”) filed a Petition
`requesting inter partes review of claims 49–57, 62–64, 66, 68, 70, 71, 73–
`80, 94, 95, 97, 99–103, 106, 109–111, 113, 115, and 120 (“challenged
`claims”) of U.S. Patent No. 8,155,342 B2 (Ex. 1001, “the ’342 patent”).
`Paper 2 (“Pet.”). Blitzsafe Texas, LLC (“Patent Owner”) filed a Preliminary
`Response to the Petition. Paper 6 (“Prelim. Resp.”).
`On January 27, 2017, Petitioner and Patent Owner filed an unopposed
`Motion to Dismiss the Petition. Paper 7. Furthermore, Petitioner and Patent
`Owner filed a Joint Request to have their agreement treated as business
`confidential information under 37 C.F.R. § 42.74(c). Paper 8. Petitioner
`and Patent Owner also filed a true copy of their written agreement.
`Ex. 2003. Petitioner and Patent Owner jointly represent that “[t]he inter
`partes review has not been instituted and the Parties have settled their
`dispute and have agreed to request termination of this inter partes review
`proceeding.” Paper 7, 2. Petitioner and Patent Owner contend that dismissal
`of the Petition is appropriate at this early stage because a decision whether to
`institute trial has not been issued. Id.
`Petitioner and Patent Owner have demonstrated that dismissal of the
`Petition is warranted, and we grant Petitioner and Patent Owner’s Motion.
`See 37 C.F.R. § 42.71(a) (petitions are dismissible). We also grant the
`parties’ request to have their agreement treated as business confidential
`information pursuant to 37 C.F.R. § 42.74(c).
`
`
`
`
`1 A subsidiary of Volkswagen, AG. Pet. 1.
`2
`
`
`
`
`
`IPR2016-01449
`Patent 8,155,342 B2
`
`II. ORDER
`
`Accordingly, it is:
`ORDERED that the parties’ Joint Motion is granted and the Petition is
`dismissed; and
`FURTHER ORDERED that the parties’ Joint Request that their
`agreement (Ex. 1011) be treated as business confidential information under
`37 C.F.R. § 42.74(c) is granted.
`
`
`
`PETITIONER:
`Michael J. Lennon (lead counsel)
`Clifford A. Ulrich
`mlennon@kenyon.com
`culrich@kenyon.com
`
`PATENT OWNER:
`
`Peter Lambrianakos (lead counsel)
`Shahar Harel
`Vincent J. Rubino, III
`plambrianakos@brownrudnick.com
`sharel@brownrudnick.com
`vrubino@brownrudnick.com
`
`
`
`
`3
`
`