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`Trials@uspto.gov
`571-272-7822 Entered: November 2, 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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`MICROSOFT CORPORATION,
`Petitioner,
`v.
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` BRADIUM TECHNOLOGIES LLC,
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`Patent Owner.
`_______________
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`Case IPR2017-01616
`Patent 9,641,644 B2
`_______________
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`Before BRYAN F. MOORE, BRIAN J. McNAMARA, and
`MINN CHUNG, Administrative Patent Judges.
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`MOORE, Administrative Patent Judge.
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`ORDER
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`Dismissing the Petition Pursuant to Settlement
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`37 C.F.R. §§ 42.71(a), 42.74
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`On October 19, 2017, pursuant to Board authorization, Petitioner and
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`Patent Owner filed a joint motion under 35 U.S.C. § 317(b) to terminate the
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`proceeding identified in the caption. Paper 7. Along with the motion, the
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`parties filed a copy of a document they describe as a settlement agreement
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`(Paper 7, 2; Ex. 2001), as well as a joint request to treat the settlement
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`agreement as business confidential information. Papers 7, 8; see 37 C.F.R.
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`IPR2017-01616
`Patent 9,641,644 B2
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`§ 42.74(c) (a party to a settlement may request that the settlement agreement
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`be treated as business confidential and be kept separate from the patent file).
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`The case is in a preliminary stage. The Board has not yet issued
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`decisions on whether to institute the proceeding. The parties state in the
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`joint motion that they have settled their dispute and have reached agreement
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`to terminate these inter partes reviews. Paper 7, 2. We are persuaded that,
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`under these circumstances, it is appropriate to dismiss the Petition in the
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`proceeding. 37 C.F.R. § 42.71(a). This Order does not constitute a final
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`written decision pursuant to 35 U.S.C. § 318(a).
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`It is therefore
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`ORDERED that the joint motion is granted and the Petition is
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`dismissed in this proceeding; and
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`FURTHER ORDERED that the joint request that the settlement
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`agreement be treated as business confidential information, to be kept
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`separate from the patent file, is granted in this proceeding.
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`2
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`IPR2017-01616
`Patent 9,641,644 B2
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`PETITIONER:
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`Chun Ng
`cng@perkinscoie.com
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`Patrick McKeever
`pmckeever@perkinscoie.com
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`Vinay Sathe
`vsathe@perkinscoie.com
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`Miguel Bombach
`mbombach@perkinscoie.com
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`Evan Day
`eday@perkinscoie.com
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`PATENT OWNER:
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`Chris Coulson
`ccoulson@kenyon.com
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`Clifford Ulrich
`culrich@kenyon.com
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`3
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