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`571-272-7822
`Date Entered: June 15, 2018
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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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` LOWE’S COMPANIES, INC. LOWE’S HOME CENTERS, LLC and
`L G SOURCING, INC.,
`Petitioners
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`v.
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`NICHIA CORPORATION,
`Patent Owner
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`Case IPR2018-00066
`Patent 7,915,631 B2
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`Before BRIAN J. McNAMARA, STACEY G. WHITE, and
`NABEEL U. KHAN, Administrative Patent Judges.
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`KHAN, Administrative Patent Judge.
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`
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`ORDER AUTHORIZING FILING OF MOTION TO TERMINATE
`Conduct of the Proceeding
`37 C.F.R. § 42.5
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`CASE IPR2017-00066
`Patent 7,915,631 B2
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`In e-mail correspondence on June 13, 2018, the parties advised the
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`Board that a confidential settlement agreement had been reached in the
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`above identified inter partes review. The parties may agree to settle any
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`issue in a proceeding pursuant to a written agreement, a copy of which shall
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`be filed with the Board before termination of the trial. 37 C.F.R. § 42.74(a)-
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`(b). Any agreement or understanding between the patent owner and a
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`petitioner, including any collateral agreements referred to in such agreement
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`or understanding made in connection with, or in contemplation of the
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`termination shall be in writing and a true copy of such agreement or
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`understanding shall be filed in the Office before the termination of such
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`proceeding as between the parties. 35 U.S.C. § 317(b). Any such agreement
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`should be filed as a separate exhibit.
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`This matter is in its preliminary stages with a Decision to Institute
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`having been entered on April 25, 2018 and Patent Owner having not yet
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`filed a response to the Petition. Under these circumstances, it may be
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`appropriate to enter judgment and terminate the proceeding without
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`rendering a final written decision. 37 C.F.R. § 42.72
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`The parties are authorized to file a Joint Motion to Terminate this
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`proceeding. The Joint Motion to Terminate must update the Board
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`concerning the status of any litigation or proceeding, including, but not
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`limited to proceedings in the U.S. Patent and Trademark Office, involving
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`the subject patent, and advise the Board whether any litigation or proceeding
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`involving the subject patent is contemplated in the foreseeable future.
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`The Joint Motion to Terminate also must include a copy of any
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`agreement including any collateral agreements referred to in such agreement
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`or understanding made in connection with, or in contemplation of the
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`2
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`CASE IPR2017-00066
`Patent 7,915,631 B2
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`termination of the proceeding or include a statement certifying that there are
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`no such collateral agreements or understandings. A party to a settlement
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`may request that any written agreement be treated as business confidential
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`information and be kept separate from the files of an involved patent. 35
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`U.S.C. § 317(b); 37 C.F.R. § 42.74(c). The request must be filed with the
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`settlement. Id.
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`It is ORDERED that the parties are authorized to file a Joint Motion
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`to Terminate the proceeding and a Joint Request That The Settlement
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`Agreement Be Treated As Business Confidential Information.
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`For PETITIONER:
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`Scott D. Stimpson
`Sills Cummis & Gross P.C.
`sstimpson@sillscummis.com
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`B. Todd Patterson
`Patterson + Sheridan, LLP
`tpatterson@pattersonsheridan.com
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`For PATENT OWNER:
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`Catherine Nyarady
`David Cole
`PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
`cnyarady@paulweiss.com
`dcole@paulweiss.com
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`3
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