`Tel: 571-272-5826
`
`
`
`
`Paper 9
`Entered: March 9, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GENERAL ELECTRIC CO.,
`Petitioner,
`
`v.
`
`GROUPCHATTER, LLC.,
`Patent Owner.
`____________
`
`Cases
`IPR2017-00310 (Patent 8,588,207)
`IPR2017-00311 (Patent 9,014,659)
`IPR2017-00313 (Patent 8,199,740)
`IPR2017-00314 (Patent 7,969,959)1
`
`
`
`Before KRISTEN L. DROESCH, MICHAEL J. FITZPATRICK, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`
`
`DECISION
`Dismissing Petitions Pursuant to Settlement
`37 C.F.R. § 42.71(a)
`
`
`
`
`1 This Decision addresses an issue that is identical in all cases. We,
`therefore, exercise our discretion to issue one Decision to be filed in each
`case. The parties, however, are not authorized to use this style heading in
`any subsequent papers.
`
`
`
`IPR2017-00310 (Patent 8,588,207); IPR2017-00311 (Patent 9,014,659)
`IPR2017-00313 (Patent 8,199,740); IPR2017-00314 (Patent 7,969,959)
`
`
`Petitioner filed petitions requesting inter partes reviews in these cases
`
`on November 22, 2016. Paper 1.2 These proceedings are still in their
`
`preliminary stage and no trial has yet been instituted.
`
`On March 3, 2017, the parties filed a Joint Motion to Terminate
`
`Proceeding Pursuant to 35 U.S.C. § 317 (Paper 6) in each proceeding.
`
`Section 317 of Title 35 governs settlement of instituted inter partes reviews.
`
`35 U.S.C. § 317(a) (“An inter partes review instituted under this chapter . .
`
`.”). It does not govern settlement prior to institution. Accordingly, the
`
`parties’ Joint Motions to Terminate are denied, but under these
`
`circumstances, we determine it is appropriate to dismiss the proceedings
`
`pursuant to 37 C.F.R. § 42.71(a) without rendering any further decisions.
`
`The parties also filed Joint Requests to Maintain Confidentiality and
`
`to Keep Separate (Paper 7), accompanied by a true copy of a settlement
`
`agreement (Exhibit 1019). We grant the parties’ request under 37 C.F.R.
`
`§ 42.74(c).
`
`
`
`ORDER
`
`Accordingly, it is:
`
`ORDERED that the Joint Motions to Terminate Proceeding are
`
`denied;
`
`FURTHER ORDERED that the Petitions are dismissed; and
`
`FURTHER ORDERED that the parties’ joint requests that the
`
`settlement agreement (Exhibit 1019) be treated as business confidential
`
`information, kept separate from the file of the involved patent, and made
`
`available only to Federal Government agencies on written request, or to any
`
`
`2 Citations are to IPR2017-00310, unless otherwise noted.
`
`
`
`IPR2017-00310 (Patent 8,588,207); IPR2017-00311 (Patent 9,014,659)
`IPR2017-00313 (Patent 8,199,740); IPR2017-00314 (Patent 7,969,959)
`
`person on a showing of good cause, under the provisions of 37 C.F.R.
`
`§ 42.74(c), are granted.
`
`
`
`
`
`IPR2017-00310 (Patent 8,588,207); IPR2017-00311 (Patent 9,014,659)
`IPR2017-00313 (Patent 8,199,740); IPR2017-00314 (Patent 7,969,959)
`
`FOR PETITIONER:
`
`Marc S. Kaufman
`David Pollock
`Jonathan I. Detrixhe
`REED SMITH, LLP
`mskaufman@reedsmith.com
`dpollock@reedsmith.com
`jdetrixhe@reedsmith.com
`
`
`FOR PATENT OWNER:
`
`Tarek N. Fahmi
`Holly J. Atkinson
`Jason A. LaBerteaux
`ASCENDA LAW GROUP, PC
`tarek.fahmi@ascendalaw.com
`holly.atkinson@ascendalaw.com
`jason.laberteaux@ascendalaw.com
`
`
`
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