`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`
`
`
`SONY CORPORATION
`
`Petitioner,
`
`
`v.
`
`AVAGO TECHNOLOGIES GENERAL IP (SINGAPORE) PTE. LTD.,
`
`Patent Owner.
`
`
`Patent No.: 5,870,087
`____________________
`
`Inter Partes Review No. IPR2017-00520
`__________________________________________________________________
`
`
`UNOPPOSED MOTION TO DISMISS THE PETITION
`
`
`
`
`Unopposed Motion to Dismiss the Petition
`IPR2017-00520
`
`Pursuant to 35 U.S.C. § 317(a), Sony Corporation (“Petitioner”) and Avago
`
`
`
`Technologies General IP (Singapore) PTE. LTD. (“Patent Owner”) jointly request
`
`termination of this inter partes review (IPR) of U.S. Patent 5,870,087, Case No.
`
`IPR2017-00520.
`
`Petitioner and Patent Owner have settled their disputes, and have reached
`
`agreement to terminate this IPR. In accordance with 37 C.F.R. § 42.20(b), the parties
`
`sought, and received via email, authorization from the Board to file this motion on
`
`June 12, 2017.
`
`Termination of this proceeding is proper for at least the following reasons:
`
`• Petitioner and Patent Owner are jointly requesting termination. 77 Fed.
`
`Reg. 48756, 48768 (Aug. 14, 2012) (“There are strong public policy
`
`reasons to favor settlement between the parties to a proceeding.”).
`
`• This IPR proceeding is in an early stage. Petitioner and Patent Owner have
`
`not yet completed briefing, and Oral Argument has not taken place. The
`
`Board has not yet “decided the merits of the proceeding before the request
`
`for termination is filed.” 35 U.S.C. § 317(a); 77 Fed. Reg. 48768 (“The
`
`Board expects that a proceeding will terminate after the filing of a
`
`settlement agreement, unless the Board has already decided the merits of
`
`the proceeding.”). Because the Board has not yet decided the merits of the
`
`proceeding at the time this motion for termination is filed, this supports the
`
`2
`
`
`
`
`
`Unopposed Motion to Dismiss the Petition
`IPR2017-00520
`
`propriety of terminating this proceeding. 77 Fed. Reg. 48680, 48686 (Aug.
`
`14, 2012).
`
`• The pending district court litigation regarding the ’087 patent, Broadcom
`
`Corp. et al. v. Sony Corp. et al., No. 16-cv-1052 (C.D. Cal. 2016), has been
`
`settled as part of a broader settlement of disputes between the Patent
`
`Owner and Petitioner.
`
`• Patent Owner states that the following matters are currently pending
`
`litigations and/or proceedings involving the ’087 Patent:
`
`• Avago Technologies General IP v. Asustek Computer, Inc. (N.D.
`
`Cal. 3:16-cv-451 (2016))
`
`• Status: the parties executed a settlement agreement that
`
`provides for the dismissal of this action. [See ECF
`
`No. 76] and filed on June 13, 2017, a Joint Motion to
`
`Dismiss this case [ECF No. 78], for which the parties
`
`are waiting a final Order by the Court.
`
`• Broadcom Corporation et al v. Amazon.com, Inc. et al. (C.D.
`
`Cal. No. 8:16-cv-1774 (2016))
`
`• Patent Owner further states that there is no other litigation or proceeding
`
`involving the ’087 Patent contemplated in the foreseeable future.
`
`3
`
`
`
`Unopposed Motion to Dismiss the Petition
`IPR2017-00520
`
`• Termination of this proceeding would avoid further unnecessary legal
`
`
`
`costs.
`
`The settlement agreement between the parties has been made in writing, and
`
`a true and correct copy has been filed as Exhibit 1012 to this motion as business
`
`confidential information pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b)-
`
`(c). The parties hereby certify that there are no collateral agreements or
`
`understandings made in connection with, or in contemplation of, the termination of
`
`the proceeding.
`
`
`Date: June 15, 2017
`
`/s/ Daniel S. Young
`Daniel S. Young, Reg. No. 48,277
`Chad E. King, Reg. No. 44,187
`SWANSON & BRATSCHUN, LLC
`8210 Southpark Terrace
`Littleton, CO 80120
`(303) 268-0066 (telephone)
`(303) 268-0065 (facsimile)
`
`Counsel for Patent Owner
`
`
`
`
`
`
`
`
` Respectfully submitted,
`
`/s/ Gregory S. Arovas
`Gregory S. Arovas, P.C. (Reg. No. 38,818)
`KIRKLAND & ELLIS LLP
`601 Lexington Avenue
`New York, NY 10022
`greg.arovas@kirkland.com
`Telephone: (212) 446-4800
`
`
`Counsel for Petitioner
`
`
`
`4
`
`
`
`Unopposed Motion to Dismiss the Petition
`IPR2017-00520
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a copy of the foregoing document was served
`
`on June 15, 2017 via email to the following addresses:
`
`• dyoung@sbiplaw.com
`
`• cking@sbiplaw.com
`
`
`
`
`
`/s/ Gregory S. Arovas
`
`
`
`
`
`5
`
`
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