`571-272-7822
`
` Paper No. 31
`Entered: October 25, 2017
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
` MICROSOFT CORPORATION,
`Petitioner,
`
`v.
`
`
` BRADIUM TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01897
`Patent 9,253,239 B2
`____________
`
`
`
`
`
`
`Before BRYAN F. MOORE, BRIAN J. McNAMARA, and
`MINN CHUNG, Administrative Patent Judges.
`
`McNAMARA, Administrative Patent Judge.
`
`
`JUDGMENT
`TERMINATION OF THE PROCEEDING
`
`37 C.F.R. § 42.73
`
`
`
`
`Case IPR2016-01897
`Patent 9,253,239 B2
`
`
`The parties have requested that this proceeding be terminated pursuant to a
`settlement. On October 16, 2017, via e-mail, the Board authorized the parties to
`file a Joint Motion To Terminate and a Joint Request that the Settlement
`Agreement Be Treated As Business Confidential Information under
`37 C.F.R. 42.74(c). On October 19, 2017 the parties filed a Joint Motion
`Terminate, Paper 29 (“Mot. to Terminate”) and a Joint Request To File Settlement
`Agreement As Business Confidential Information and that it be kept separate,
`Paper No. 30. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. The parties also filed a
`copy of a written settlement agreement. Ex. 2015.
`A decision by the Board to institute a trial was entered on April 5, 2017.
`Paper No. 17. A Patent Owner Response was filed on August 1, 2017. Paper 26.
`Under the amended Scheduling Order, a Petitioner Reply has not yet been filed.
`The parties state that no depositions have been conducted. Mot. to Terminate 1.
`The parties have not identified any other related matters at this time. Under these
`circumstances, the Board determines that it is appropriate to enter judgment1 and
`terminate the trial without rendering a final written decision. 37 C.F.R. § 42.72.
`It is, therefore,
`ORDERED that the joint motion to terminate the proceeding is GRANTED
`and the proceeding is hereby terminated;
`FURTHER ORDERED that the parties’ joint request that the settlement
`agreement be treated as business confidential information which shall be kept
`separate from the file of the involved patents under the provisions of
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is GRANTED.
`
`
`
`
`1 A judgment means a final written decision by the Board, or a termination of a
`proceeding. 37 C.F.R. § 42.2.
`
`
`
`2
`
`
`
`Case IPR2016-01897
`Patent 9,253,239 B2
`
`PETITIONER:
`
`Chun Ng
`Patrick McKeever
`Vinay Sathe
`Matthew Bernstein
`Evan Day
`PERKINS COIE LLP
`cng@perkinscoie.com
`pmckeever@perkinscoie.com
`vsathe@perkinscoie.com
`mbernstein@perkinscoie.com
`eday@perkinscoie.com
`
`
`PATENT OWNER:
`
`Chris Coulson
`Clifford Ulrich
`Michael Zachary
`ANDREWS KURTH KENYON LLP
`ccoulson@kenyon.com
`culrich@kenyon.com
`mzachary@kenyon.com
`
`
`
`3
`
`
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