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`Trials@uspto.gov
`571.272.7822 Entered: April 12, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`D-LINK SYSTEMS, INC.,
`Petitioner,
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`v.
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`CHRIMAR SYSTEMS, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00752
`Patent 8,942,107 B2
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`____________
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`
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`Before KARL D. EASTHOM, GREGG I. ANDERSON and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`ANDERSON, Administrative Patent Judge.
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`
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`DECISION
`Joint Motion to Terminate
`37 C.F.R. §§ 42.5(a), 42.72
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`IPR2017-00752
`Patent 8,942,107 B2
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`On March 30, 2017, the parties filed a “Joint Motion to Terminate the
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`Proceeding” pursuant to 35 U.S.C. § 317(a) (“Motion,” “Mot.,” Paper 8)
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`based on a settlement that resolves the parties’ disputes related to the
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`challenged patent. Mot. 1.1 The parties concurrently filed a Joint Request to
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`Keep Exhibit 1019 Separate and Confidential Pursuant to 37 C.F.R.
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`§42.74(c) (“Confidentiality Request,” “Conf. Req.,” Paper 9). The parties
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`represent that Exhibit 1019 is a true copy of the settlement agreement. Mot.
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`2, Conf. Req. 1. The parties request that Exhibit 1019 be treated as business
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`confidential information and be kept separate from the underlying files.
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`Conf. Req. 1. “A party to a settlement may request that the settlement be
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`treated as business confidential information and be kept separate from the
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`files of an involved patent or application.” 37 C.F.R. § 42.74(c).
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`The parties jointly certify that there is no other agreement or
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`understanding between them, including any collateral agreements, made in
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`connection with, or in contemplation of termination of the instant proceeding
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`as set forth in 35 U.S.C. § 317(b). Mot. 2. The parties represent that the
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`settlement agreement settles all litigation with respect to U.S. Patent No.
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`8,942,107 (“’107 patent”). Id. at 2.
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`Petitioner filed a motion for joinder (“Joinder Motion,” Paper 3) with
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`IPR2016-01391, where the petitioner is Juniper Networks, Inc. Mot. 1. We
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`have not entered a decision on institution in this proceeding. Id. Under
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`these circumstances, we determine that it is appropriate to dismiss the
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`1 Prior authorization is required for the filing of a motion to terminate. 37
`C.F.R. § 42.20(b). Prior authorization was not obtained. However, the
`Motion is in order and we determine it is appropriate to proceed on the
`Motion as filed.
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`2
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`
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`IPR2017-00752
`Patent 8,942,107 B2
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`Petition. See 37 C.F.R. §§ 42.5(a), 42.72. This paper does not constitute a
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`final written decision pursuant to 35 U.S.C. § 318(a).
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`Accordingly, it is
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`ORDER
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`ORDERED that the Joint Motion to Terminate (Paper 8) is granted;
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`FURTHER ORDERED that that the settlement agreement (Exhibit
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`1019) be treated as business confidential information, be designated “Parties
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`and Board Only,” and be kept separate from the files of the involved U.S.
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`Patent No. 8,942,107;
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`FURTHER ORDERED that the Petition is hereby dismissed; and
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`FURTHER ORDERED that Petitioner’s Joinder Motion is dismissed
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`as moot.
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`3
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`4
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`IPR2017-00752
`Patent 8,942,107 B2
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`PETITIONER:
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`David Hoffman
`hoffman@fr.com
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`
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`PATENT OWNER:
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`Justin Cohen
`justin.cohen@tklaw.com
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`Richard Hoffmann
`hoffmann@reising.com
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