`Trials@uspto.gov
`Entered: October 20, 2017
`
`571–272–7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`LIMESTONE MEMORY SYSTEMS LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01561
`Patent 6,233,181 B1
`____________
`
`
`Before BARBARA A. PARVIS, ROBERT J. WEINSCHENK, and
`CHRISTA P. ZADO, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`
`
`
`DECISION
`Termination of the Proceeding
`37 C.F.R. §§ 42.72 and 42.74
`
`
`
`
`
`
`IPR2016-01561
`Patent 6,233,181 B1
`
`
`INTRODUCTION
`I.
`The parties filed a Joint Motion to Terminate Inter Partes Review.
`Paper 17 (“Motion” or “Mot.”). The parties also filed what they indicate is a
`true copy of a Settlement Agreement (“Agreement”). Ex. 1021. The parties
`identify the Agreement as business confidential information and request that
`the Agreement be kept separate from the patent file. Paper 16 (“Joint
`Request”). For the reasons discussed below, the Motion and Joint Request
`are granted.
`
`II. ANALYSIS
`No oral hearing has occurred in this proceeding, and we have not
`made a decision on the merits. The parties indicate that, pursuant to the
`Agreement, they have resolved their dispute regarding U.S. Patent No.
`6,233,181 B1. Mot. 2. Under these circumstances, we determine that it is
`appropriate to terminate this proceeding. See 35 U.S.C. § 317(a); 37 C.F.R.
`§ 42.72. 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); 37 C.F.R. § 42.74(c).
`III. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the Joint Motion to Terminate Inter Partes Review is
`granted;
`FURTHER ORDERED that this proceeding is terminated as to all
`parties; and
`FURTHER ORDERED that the Joint Request to treat the Settlement
`Agreement (Ex. 1021) as business confidential information to be kept
`separate from the patent file is granted.
`
`
`2
`
`
`
`IPR2016-01561
`Patent 6,233,181 B1
`
`PETITIONER:
`
`John R. Hutchins
`Rose Cordero Prey
`Michael N. Zachary
`ANDREWS KURTH KENYON LLP
`jhutchins@kenyon.com
`
`
`PATENT OWNER:
`
`Nicholas T. Peters
`Paul B. Henkelmann
`David Gosse
`FITCH EVEN TABIN & FLANNERY LLP
`ntpete@fitcheven.com
`phenkelmann@fitcheven.com
`dgosse@fitcheven.com
`
`3
`
`