`U.S. Patent 7,917,285
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`By:
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`Jason R. Mudd, Reg. No. 57,700
`Eric A. Buresh, Reg. No. 50,394
`ERISE IP, P.A.
`6201 College Blvd., Suite 300
`Overland Park, KS 66211
`Tel: (913) 777-5600
`Email: jason.mudd@eriseip.com
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`Jonathan Stroud, Reg. No. 72,518
`Ashraf A. Fawzy, Reg. No. 67,914
`Unified Patents Inc.
`1875 Connecticut Ave. NW, Floor 10
`Washington, D.C., 20009
`Tel: (202) 805-8931
`Email: jonathan@unifiedpatents.com
`Email: afawzy@unifiedpatents.com
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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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`UNIFIED PATENTS INC.
`Petitioner
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`v.
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`GEOGRAPHIC LOCATION INNOVATIONS, LLC
`Patent Owner
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`____________
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`IPR2017-02022
`Patent 7,917,285
` ____________
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` JOINT MOTION TO DISMISS AND TERMINATE THE PETITION
`FOR INTER PARTES REVIEW OF U.S. PATENT 7,917,285
`UNDER 37 C.F.R. 42.71(A)
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`Joint Motion to Terminate, IPR2017-02022
`U.S. Patent 7,917,285
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`Pursuant to 37 C.F.R. 42.71(a), Petitioner Unified Patents Inc.
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`(“Unified”) and Patent Owner Geographic Location Innovations, LLC
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`(“GLI”) jointly request dismissal and termination of the petition for Inter
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`Partes Review of U.S. Patent 7,917,285 in IPR2017-02022.
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`Petitioner and Patent Owner have entered into a written confidential
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`settlement agreement that fully resolves this matter. The parties are
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`concurrently filing a copy of the settlement agreement as EX1020 along with
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`a request to treat it as confidential business information pursuant to 35
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`U.S.C. § 317(b). The undersigned represents that there are no other
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`agreements, oral or written, between the parties made in connection with, or
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`in contemplation of, the termination of the present proceeding and that
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`EX1020 represents a true and accurate copy of the agreement between the
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`parties that resolves the present proceeding.
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`On January 19, 2018, the Parties informed the Board of the settlement
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`via e-mail and requested authorization to file a joint motion to terminate the
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`petition with respect to both the Patent Owner and the Petitioner. As set
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`forth in an e-mail dated January 22, 2018, the Board authorized the filing of
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`the requested joint motion to terminate this petition. Accordingly, Petitioner
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`and Patent Owner jointly request termination of the present proceeding.
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`1
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`Joint Motion to Terminate, IPR2017-02022
`U.S. Patent 7,917,285
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`Public policy favors terminating the present petition for inter partes
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`review. Congress and federal courts have expressed a strong interest in
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`encouraging settlement in litigation. See, e.g., Delta Air Lines, Inc. v.
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`August, 450 U.S. 346, 352 (1981) (“The purpose of [Fed. R. Civ. P.] 68 is to
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`encourage the settlement of litigation.”); Bergh v. Dept. of Transp., 794 F.2d
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`1575, 1577 (Fed. Cir. 1986) (“The law favors settlement of cases.”), cert.
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`denied, 479 U.S. 950 (1986). The Federal Circuit places a particularly strong
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`emphasis on settlement. See Cheyenne River Sioux Tribe v. U.S., 806 F.2d
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`1046, 1050 (Fed. Cir. 1986) (noting that the law favors settlement to reduce
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`antagonism and hostility between parties). And, the Board’s Trial Practice
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`Guide stresses that “[t]here are strong public policy reasons to favor
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`settlement between the parties to a proceeding.” Office Patent Trial Practice
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`Guide, 77 Fed. Reg. 48,756, 46,768 (Aug. 14, 2012).
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`Ending this petition for IPR early promotes the Congressional goal of
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`establishing a more efficient patent system by limiting unnecessary and
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`counterproductive costs. See Changes to Implement Inter Partes Review
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`Proceedings, Post-Grant Review Proceedings, and Transitional Program for
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`Covered Business Method Patents, 77 Fed. Reg. 48,680 (Aug. 14, 2012).
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`2
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`Joint Motion to Terminate, IPR2017-02022
`U.S. Patent 7,917,285
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`Permitting termination provides certainty and fosters an environment
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`that promotes settlements, creating a timely, cost-effective alternative to
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`litigation.
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`Additionally, termination of this petition for IPR is appropriate as the
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`Board has not yet “decided the merits of the proceeding.” See, e.g., Office
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`Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48768 (Aug. 14, 2012).
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`Unified filed its petition for inter partes review on September 1, 2017.
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`The parties have now settled their dispute, and have reached agreement to
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`terminate the petition. The USPTO can conserve its resources through
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`terminating now, removing the need for the Board to further consider the
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`arguments, to issue an Institution Decision, and to render a Final Decision.
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`The parties note that there is currently only one remaining district
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`court litigation still pending in which the patent-at-issue has been asserted,
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`Geographic Location Innovations, LLC v. East West Bank, Case No. 2:17-
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`cv-00742-JRG-RSP (E.D. Tex.); however, the parties note that all deadlines
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`in that matter have been stayed pending completion of final settlement
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`papers.
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`Therefore, the Parties respectfully request termination of the petition
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`for Inter Partes Review of U.S. Patent 7,917,285 (IPR2017-02022).
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`3
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`Joint Motion to Terminate, IPR2017-02022
`U.S. Patent 7,917,285
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`Respectfully submitted,
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`BY: /s/ Jason R. Mudd
`Jason R. Mudd, Reg. No. 57,700
`Eric A. Buresh, Reg. No. 50,394
`Jonathan Stroud, Reg. No. 72,518
`Ashraf Fawzy, Reg. No. 67,914
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`ATTORNEYS FOR PETITIONER
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`BY: /s/ Jay Johnson
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`Jay Johnson, Reg. No. 38,193
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`ATTORNEY FOR PATENT OWNER
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`Joint Motion to Terminate, IPR2017-02022
`U.S. Patent 7,917,285
`CERTIFICATE OF SERVICE ON PATENT OWNER
`UNDER 37 C.F.R. § 42.6
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on
`February 7, 2018 the foregoing JOINT MOTION TO DISMISS AND
`TERMINATE THE PETITION FOR INTER PARTES REVIEW OF U.S.
`PATENT 7,917,285 UNDER 37 C.F.R. 42.71(A) was served via electronic
`filing with the Board and via Electronic Mail on the following counsel of
`record for Patent Owner:
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`Jay Johnson
`Reg. No. 38193
`KIZZIA JOHNSON, PLLC
`1910 Pacific Ave., Suite 13000
`Dallas, Texas 75201
`jay@kjpllc.com
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`/s/ Jason R. Mudd
`Jason R. Mudd, Reg. No. 57,700
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`ATTORNEY FOR PETITIONER
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