`Trials@uspto.gov
`Entered: February 20, 2018
`Tel: 571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FLIR SYSTEMS, INC.,
`FLIR MARITIME US, INC. (F/K/A RAYMARINE, INC.),
`and NAVICO, INC.,
`Petitioners,
`
`v.
`
`GARMIN SWITZERLAND GmbH,
`Patent Owner.
`____________
`
`Case IPR2017-009461
`Patent 7,268,703 B1
`____________
`
`Before JUSTIN T. ARBES, THOMAS L. GIANNETTI, and
`SCOTT B. HOWARD, Administrative Patent Judges.
`
`HOWARD, Administrative Patent Judge.
`
`
`
`TERMINATION OF TRIAL WITH RESPECT TO
`PETITIONER NAVICO, INC.
`35 U.S.C. § 317; 37 C.F.R. §§ 42.72, 42.74(c)
`
`
`
`
`
`1 Navico, Inc. was joined as a party to this proceeding via a Motion for
`Joinder in IPR2017-02051.
`
`
`
`IPR2017-00946
`Patent 7,268,703 B1
`On February 14, 2018, in response to a joint e-mail request, we
`authorized Petitioner Navico, Inc. (“Navico”) and Patent Owner Garmin
`Switzerland GmbH (“Garmin”) (collectively “the Settling Parties”) to file a
`joint motion to terminate the proceeding with respect to Navico and a joint
`request that the settlement agreement be treated as business confidential
`information. Pursuant to that authorization, on February 16, 2018, the
`Settling Parties filed a Joint Motion to Terminate With Respect to Navico
`(Paper 25), a Joint Request to Keep Confidential and Separate under 35
`U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) (Paper 26), and a true copy of the
`parties’ settlement agreement (Ex. 2006).
`In the Joint Motion to Terminate With Respect to Navico, the Settling
`Parties represent that they “have executed a settlement agreement that
`resolves all of their disputes concerning U.S. Patent No. 7,268,703—
`expressly including the present IPR.” Paper 25, 2. The Settling Parties
`further represent that Exhibit 2006 “represents a true and accurate copy of
`the agreement between the parties that resolves this proceeding” and “that
`there are no collateral agreements, understandings, or other agreements
`between the parties made in connection with, or in contemplation of, the
`termination of the present proceeding.” Id. at 3. The Settling Parties further
`represent that “[t]he Agreement requires both parties to terminate all
`disputes, including Inter Partes Review Proceeding No. 2017-00946 and
`Garmin Switzerland GmbH, et al. v. Navico, Inc., et al., Case No. 2:16-cv-
`2706 (D. Kan.).” Paper 25, 2–3.
`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
`this chapter shall be terminated with respect to any petitioner upon the joint
`
`2
`
`
`
`IPR2017-00946
`Patent 7,268,703 B1
`request of the petitioner and patent owner, unless the Office has decided the
`merits of the proceeding before the request for termination is filed.”
`Although a Decision to Institute and granting Navico’s Motion for
`Joinder was entered on January 23, 2018 (Paper 21), this case is at a
`sufficiently early stage of the trial, no motions are outstanding in this case
`other than Patent Owner’s Motion to Amend (Paper 15), and the Board has
`not decided the merits of the proceeding. See Paper 25, 2.
`In view of the circumstances presented in this case, we grant the Joint
`Motion and terminate this inter partes review with respect to Petitioner
`Navico. See 37 C.F.R. § 42.72. FLIR Systems, Inc. and FLIR Maritime US,
`Inc. (f/k/a Raymarine, Inc.) remain as Petitioners following this Decision.
`We also grant the Joint Request to maintain Exhibit 2006 as business
`confidential information in accordance with 37 C.F.R. § 42.74(c).
`
`
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the parties’ request to treat the settlement agreement
`(Ex. 2006) as business confidential information under 35 U.S.C. § 317(b)
`and 37 C.F.R. § 42.74(c) is GRANTED;
`FURTHER ORDERED that the Joint Motion to Terminate this
`proceeding with respect to Navico is GRANTED, and this proceeding is
`hereby terminated with respect to Navico; and
`FURTHER ORDERED that the case caption shall be changed to
`reflect the termination with respect to Navico, in accordance with the
`attached example.
`
`
`
`
`3
`
`
`
`IPR2017-00946
`Patent 7,268,703 B1
`PETITIONERS:
`Brian Ferguson
`brian.ferguson@weil.com
`
`Anish Desai
`anish.desai@weil.com
`
`Christopher Pepe
`christopher.pepe@weil.com
`
`PATENT OWNER:
`Jennifer Bailey
`jennifer.bailey@eriseip.com
`
`Adam Seitz
`adam.seitz@eriseip.com
`
`
`
`
`
`4
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FLIR SYSTEMS, INC. and
`FLIR MARITIME US, INC. (F/K/A RAYMARINE, INC.),
`Petitioner,
`
`v.
`
`GARMIN SWITZERLAND GmbH,
`Patent Owner.
`____________
`
`Case IPR2017-00946
`Patent 7,268,703 B1
`____________
`
`
`
`
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