`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICROSOFT CORPORATION
`Petitioner
`
`v.
`
`PROXYCONN, INC.,
`Patent Owner
`____________
`
`Case IPR2017-00261
`Patent 6,757,717 B1
`____________
`
`Filed: May 11, 2017
`
`
`
`JOINT MOTION TO TERMINATE
`
`
`
`IPR2017-00261
`Patent 6,757,717
`
`
`LIST OF EXHIBITS PURSUANT TO 37 C.F.R. § 42.63(e)
`
`EX. NO:
`
`EXHIBIT DESCRIPTION
`
`1024
`
`Confidential Settlement Agreement
`
`
`
`i
`
`
`
`IPR2017-00261
`Patent 6,757,717
`
`
`Pursuant to authorization provided by the Board during the May 5, 2017,
`
`conference call and the follow-up email of the same date, Petitioner Microsoft
`
`Corporation and Patent Owner Proxyconn, Inc. (the “Parties”) jointly move for
`
`termination of this proceeding, without prejudice to either Party.
`
`Termination is appropriate because the parties have reached settlement on all
`
`claims in the underlying litigation and do not contemplate any further litigation or
`
`controversy involving the challenged patent. Pursuant to 35 U.S.C. § 317(b) and
`
`37 C.F.R. § 42.74, the parties submit as Exhibit 1024 a copy of the signed
`
`Confidential Settlement Agreement between the parties. On April 25, 2017, the
`
`district court dismissed the underlying litigation without prejudice, retaining
`
`jurisdiction for thirty (30) days to reopen the action upon showing of good cause
`
`that the settlement has not been consummated.
`
`The Board has not instituted trial, does not have before it full briefing on the
`
`trial issues, and has not entered a final decision. Although inter partes review has
`
`not been instituted, the other requirements of 35 U.S.C. § 317(a) are satisfied here.
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`Accordingly, it is appropriate to enter judgment terminating this proceeding, prior
`
`to issuance of an institution decision.
`
`Simultaneous with this motion, the parties file a joint motion to treat the
`
`settlement agreement as business confidential information, pursuant to 35 U.S.C.
`
`§ 317(b) and 37 C.F.R. § 42.74(c).
`
`JOINT MOTION TO TERMINATE
`
`
`
`Page 1
`
`
`
`IPR2017-00261
`Patent 6,757,717
`
`Dated: May 11, 2017
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/Andrew M. Mason/
`John D. Vandenberg
`Registration No. 31,312
`Andrew M. Mason
`Registration No. 64,034
`Klarquist Sparkman LLP
`One World Trade Center, Suite 1600
`121 S.W. Salmon Street
`Portland, Oregon 97204
`Telephone: (503) 595-5300
`Facsimile: (503) 595-5301
`
`
`
`/Neil A. Rubin/
`Amir Naini (Reg. No. 45,770)
`Neil A. Rubin (Reg. No. 67,030)
`Russ August & Kabat
`12424 Wilshire Blvd., Suite 1200
`Los Angeles, CA 90025
`Telephone: (310) 826-7474
`Facsimile: (310) 826-6991
`
`
`
`
`
`JOINT MOTION TO TERMINATE
`
`
`
`Page 2
`
`
`
`IPR2017-00261
`Patent 6,757,717
`
`
`CERTIFICATE OF SERVICE PURSUANT TO 37 C.F.R. § 42.6(e)(4)
`
`The undersigned certifies that a complete copy of the Joint Motion to
`
`Terminate was served on May 11, 2017, by delivering a copy via electronic mail
`
`upon the following attorneys of record for the Patent Owner:
`
`Amir Naini (Reg. No. 45,770)
`Neil A. Rubin (Reg. No. 67,030)
`Russ August & Kabat
`12424 Wilshire Blvd., Suite 1200
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
`anaini@raklaw.com
`nrubin@raklaw.com
`proxyconn@raklaw.com
`
`
`
`Date: May 11, 2017
`
`
`
`By /Andrew M. Mason/
`
`John D. Vandenberg, Reg. No. 31,312
` Andrew M. Mason, Reg. No. 64,034
`Klarquist Sparkman, LLP
`One World Trade Center, Suite 1600
`121 S.W. Salmon Street
`Portland, Oregon 97204
`Telephone: (503) 595-5300
`Facsimile: (503) 595-5301
`
`CERTIFICATE OF SERVICE
`
`
`
`Page 1
`
`
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