`571-272-7822
`
`
`
`
`
`
` Paper 11
`Entered: November 6, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMAZON.COM, INC. and AMAZON WEB SERVICES, INC.,
`Petitioners,
`
`v.
`
`AVAGO TECHNOLOGIES GENERAL IP (SINGAPORE) PTE. LTD.,
`Patent Owner.
`____________
`
`Case IPR2017-01816
`Patent 5,870,087
`____________
`
`Before PATRICK R. SCANLON, BARBARA A. PARVIS, and
`MINN CHUNG, Administrative Patent Judges.
`
`SCANLON, Administrative Patent Judge.
`
`DECISION
`Granting Petitioner’s Motion to Dismiss
`37 C.F.R. §§ 42.71(a), 42.74
`
`
`
`IPR2017-01816
`Patent 5,870,087
`
`
`
`On October 25, 2017, the parties filed a Joint Motion to Dismiss,
`accompanied by a true copy of a written agreement settling the parties’
`disputes regarding U.S. Patent No. 5,870,087 (“the ’087 patent”). Paper 9;
`Ex. 1016. The parties also filed a Joint Request to have their agreement
`treated as business confidential information under 37 C.F.R. § 42.74(c).
`Paper 10.
`The Motion represents that the parties “have reached an agreement to
`settle all of their disputes concerning the ’087 patent.” Paper 9, 3. The
`parties further represent that Exhibit 1016 is the only agreement made in
`connection with the dismissal of this proceeding, and there are no collateral
`agreements made in connection with, or in contemplation of, the dismissal of
`the proceeding. Id. at 3–4.
`This proceeding is still in a preliminary stage. Patent Owner has not
`filed a preliminary response, and we have not considered the merits of the
`Petition. Furthermore, the parties are jointly requesting dismissal. Id. at 2.
`Under these circumstances, we determine that it is appropriate to dismiss the
`Petition. See 37 C.F.R. § 42.71(a) (authorizing the Board to dismiss a
`petition). We also grant the parties’ request to have their agreement treated
`as business confidential information pursuant to 37 C.F.R. § 42.74(c).
`
`
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the Joint Motion to Dismiss is granted;
`FURTHER ORDERED that the Petition is dismissed and this
`proceeding is terminated as to all parties; and
`
`
`
`
`2
`
`
`
`IPR2017-01816
`Patent 5,870,087
`
`
`
`FURTHER ORDERED that the parties’ Joint Request that their
`agreement (Ex. 1016) be treated as business confidential information under
`37 C.F.R. § 42.74(c) is granted.
`
`
`
`
`
`3
`
`
`
`IPR2017-01816
`Patent 5,870,087
`
`
`PETITIONER:
`
`Joseph F. Edell
`Richard Z. Zhang
`FISCH SIGLER LLP
`Joe.edell.ipr@fischllp.com
`Richard.zhang.ipr@fischllp.com
`
`
`
`PATENT OWNER:
`
`Jason S. Angell
`Jing H. Cherng
`FREITAS ANGELL & WEINBERG LLP
`jangell@fawlaw.com
`gcherng@fawlaw.com
`
`
`
`
`
`
`
`
`
`4
`
`
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