`Tel: 571-272-7822
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` Entered: June 22, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CISCO SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`FATPIPE NETWORKS PRIVATE LTD.,
`Patent Owner.
`____________
`
`Case IPR2017-01845
`Patent 6,775,235 B2
`____________
`
`
`
`Before STACEY G. WHITE, MICHELLE N. WORMMEESTER, and
`JOHN F. HORVATH, Administrative Patent Judges.
`
`HORVATH, Administrative Patent Judge.
`
`
`
`ORDER
`
`Granting Joint Motion to Terminate
`37 C.F.R. §42.72
`and
`Granting Request to Treat Settlement Documents as Business
`Confidential Information
`37 C.F.R. § 42.74(c)
`
`
`
`
`
`
`
`
`IPR2017-01845
`Patent 6,775,235 B2
`
`
`On June 13, 2018, Patent Owner and Petitioner (collectively
`
`“Parties”) filed a joint motion to terminate the above-identified inter partes
`
`review proceeding. Paper 23 (“Motion”). The Parties also filed a copy of
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`their settlement agreement covering, inter alia, settlement of this inter partes
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`review proceeding. Ex. 1024 (“Settlement Agreement”). The Parties
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`represent in their joint motion that the filed copy of the Settlement
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`Agreement is a true and correct copy, and that “[t]here are no collateral
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`agreements or understandings made in connection with, or in contemplation
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`of, the termination of this proceeding.” Motion 1.1 The Parties additionally
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`filed a request to treat the Settlement Agreement as business confidential
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`information. Paper 24 (“Request”). For the reasons discussed below, we
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`grant the Parties’ Motion and Request.
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`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
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`this chapter shall be terminated with respect to any petitioner upon the joint
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`request of the petitioner and patent owner, unless the Office has decided the
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`merits of the proceeding before the request for termination is filed.” The
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`Office has not yet decided the merits of this proceeding, and a final written
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`decision has not been entered. Accordingly, we determine good cause exists
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`to terminate this proceeding.
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`Under 37 C.F.R. § 42.74(c), “[a] party to a settlement may request
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`that the settlement be treated as business confidential information and be
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`kept separate from the files of an involved patent or application.” After
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`reviewing the Settlement Agreement between the Parties, we find the
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`1 The Parties did not number the pages in their Motion. For purposes of this
`Order, we have assigned page number 1 to the first page following the
`caption page.
`
`2
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`
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`IPR2017-01845
`Patent 6,775,235 B2
`
`Settlement Agreement contains confidential business information regarding
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`the terms of settlement. We, therefore, determine that it is appropriate to
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`treat the Settlement Agreement between Petitioner and Patent Owner as
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`business confidential information pursuant to 37 C.F.R. § 42.74(c).
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`
`
`It is hereby:
`
`ORDER
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`ORDERED that the Joint Motion to Terminate (Paper 23), as to both
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`Petitioner and Patent Owner, is granted;
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`FURTHER ORDERED that the Joint Request (Paper 24) to treat the
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`Settlement Agreement (Exhibit 1024) as business confidential information
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`under 37 C.F.R. § 42.74(c) is granted; and
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`FURTHER ORDERED that this proceeding is terminated with respect
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`to both Petitioner and Patent Owner.
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`3
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`
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`IPR2017-01845
`Patent 6,775,235 B2
`
`For PETITIONER:
`
`David L. McCombs
`Theodore M. Foster
`David O’Brien
`Raghav Bajaj
`david.mccombs.ipr@haynesboone.com
`ipr.theo.foster@haynesboone.com
`david.obrien.ipr@haynesboone.com
`raghav.bajaj.ipr@haynesboone.com
`
`
`
`For PATENT OWNER:
`
`Robert C. Mattson
`Sameer Gokhale
`Aldo Martinez
`cpdocketmattson@oblon.com
`cpdocketgokhale@oblon.com
`cpdocketmartinez@oblon.com
`
`
`
`4
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