`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`VOLKSWAGEN GROUP OF AMERICA, INC.,
`Petitioner,
`v.
`PAICE LLC and
`THE ABELL FOUNDATION, INC.,
`Patent Owner.
`______________
`Case IPR2017-00228
`Patent 7,237,634
`______________
`
`
`
`
`
`JOINT MOTION TO TERMINATE INTER PARTES REVIEW
`
`1
`
`
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`
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`Pursuant to 35 U.S.C. § 317(a), the Petitioner and Patent Owner jointly
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`request termination of this inter partes review, which is directed at U.S. Patent No.
`
`7,237,634.
`
`
`
`Termination of this review is appropriate because the parties have resolved
`
`their dispute and have reached an agreement to, among other things, terminate this
`
`review. Ex. 1014, Settlement Agreement (submitted as business confidential
`
`information pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c)). “Generally,
`
`the Board expects that a proceeding will terminate after the filing of a settlement
`
`agreement.” Oracle Corp. v. Cmty. United IP, LLC, CBM2013-00015, Paper 13
`
`(July 25, 2013) (citing Office Patent Trial Practice Guide, 77 Fed. Reg. 48756,
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`48765–66 (Aug. 14, 2012)). The petition for review was filed on November 14,
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`2016 and the Board has not yet rendered decisions regarding whether trial will be
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`instituted. Thus, the Board has not yet reached any decision on the merits of the
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`proceeding. Termination at this early juncture promotes efficiency, conserves
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`Board resources and minimizes unnecessary costs.
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`
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`On December 19, 2016, the parties advised the Board that they have reached
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`a settlement, and sought authorization to file a joint motion to terminate the
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`proceeding. The Board authorized the filing of a joint motion to terminate this
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`proceeding on January 30, 2017. Per the Board’s January 30, 2017 Order, a true
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`copy of the parties’ confidential written settlement agreement is being filed as an
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`2
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`
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`exhibit contemporaneously with this joint motion to terminate. The settlement
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`agreement is being filed for access by the “Parties and Board Only.” The parties
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`desire that the settlement agreement be maintained as business confidential
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`information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), and a separate
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`joint request for such is being filed contemporaneously.
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`
`
`
`
`
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`Respectfully Submitted,
`
`By: /Clifford A. Ulrich/
`Michael J. Lennon
`(Reg. No. 26,562; mlennon@kenyon.com)
`Clifford A. Ulrich
`(Reg. No. 42,194; culrich@kenyon.com)
`Andrews Kurth Kenyon LLP
`One Broadway
`New York, NY 10004
`Tel.: 212.425.7200
`Fax: 212.425.5288
`
`
`
`By: /Brian J. Livedalen/
`Timothy W. Riffe (Reg. No. 43,881)
`Linda L. Kordziel (Reg. No. 39,732)
`Ruffin B. Cordell (Reg. No. 33,487)
`Brian J. Livedalen (Reg. No. 67,450)
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel.: 202.783.5070
`Fax: 899.769.7945
`IPR36351-0013IP7@fr.com
`PTABInbound@fr.com
`
`
`3
`
`
`
`
`
`
`
`
`
`
`
`Dated: February 2, 2017
`
`
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`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`The foregoing Joint Motion to Terminate Inter Partes Review was served on
`February 2, 2017, via email upon the following:
`
`
`Timothy W. Riffe (Reg. No. 43,881)
`Linda L. Kordziel (Reg. No. 39,732)
`Ruffin B. Cordell (Reg. No. 33,487)
`Brian J. Livedalen (Reg. No. 67,450)
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel.: 202.783.5070
`Fax: 899.769.7945
`IPR36351-0013IP7@fr.com
`PTABInbound@fr.com
`
`/ Clifford A. Ulrich /
`Clifford A. Ulrich (Reg. No. 42,194)
`
`
`
`
`
`Michael J. Lennon (mlennon@kenyon.com; Reg. No. 26,562) Lead Counsel
`Clifford A. Ulrich (culrich@kenyon.com; Reg. No. 42, 194) Backup Counsel
`Andrews Kurth Kenyon LLP
`One Broadway
`New York, NY 10004
`Tel: 212.425.7200
`Fax: 212.425.5288
`
`
`4
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`
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