`
`571-272-7822
`Date Entered: June 15, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
` LOWE’S COMPANIES, INC. LOWE’S HOME CENTERS, LLC and
`L G SOURCING, INC.,
`Petitioners
`
`v.
`
`NICHIA CORPORATION,
`Patent Owner
`
`Case IPR2018-00066
`Patent 7,915,631 B2
`
`
`
`
`
`
`
`
`
`Before BRIAN J. McNAMARA, STACEY G. WHITE, and
`NABEEL U. KHAN, Administrative Patent Judges.
`
`KHAN, Administrative Patent Judge.
`
`
`
`ORDER AUTHORIZING FILING OF MOTION TO TERMINATE
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`CASE IPR2017-00066
`Patent 7,915,631 B2
`
`
`
`
`In e-mail correspondence on June 13, 2018, the parties advised the
`
`Board that a confidential settlement agreement had been reached in the
`
`above identified inter partes review. The parties may agree to settle any
`
`issue in a proceeding pursuant to a written agreement, a copy of which shall
`
`be filed with the Board before termination of the trial. 37 C.F.R. § 42.74(a)-
`
`(b). Any agreement or understanding between the patent owner and a
`
`petitioner, including any collateral agreements referred to in such agreement
`
`or understanding made in connection with, or in contemplation of the
`
`termination shall be in writing and a true copy of such agreement or
`
`understanding shall be filed in the Office before the termination of such
`
`proceeding as between the parties. 35 U.S.C. § 317(b). Any such agreement
`
`should be filed as a separate exhibit.
`
`This matter is in its preliminary stages with a Decision to Institute
`
`having been entered on April 25, 2018 and Patent Owner having not yet
`
`filed a response to the Petition. Under these circumstances, it may be
`
`appropriate to enter judgment and terminate the proceeding without
`
`rendering a final written decision. 37 C.F.R. § 42.72
`
`The parties are authorized to file a Joint Motion to Terminate this
`
`proceeding. The Joint Motion to Terminate must update the Board
`
`concerning the status of any litigation or proceeding, including, but not
`
`limited to proceedings in the U.S. Patent and Trademark Office, involving
`
`the subject patent, and advise the Board whether any litigation or proceeding
`
`involving the subject patent is contemplated in the foreseeable future.
`
`The Joint Motion to Terminate also must include a copy of any
`
`agreement including any collateral agreements referred to in such agreement
`
`or understanding made in connection with, or in contemplation of the
`
`
`
`2
`
`
`
`CASE IPR2017-00066
`Patent 7,915,631 B2
`
`
`termination of the proceeding or include a statement certifying that there are
`
`no such collateral agreements or understandings. A party to a settlement
`
`may request that any written agreement be treated as business confidential
`
`information and be kept separate from the files of an involved patent. 35
`
`U.S.C. § 317(b); 37 C.F.R. § 42.74(c). The request must be filed with the
`
`settlement. Id.
`
`It is ORDERED that the parties are authorized to file a Joint Motion
`
`to Terminate the proceeding and a Joint Request That The Settlement
`
`Agreement Be Treated As Business Confidential Information.
`
`
`
`
`For PETITIONER:
`
`Scott D. Stimpson
`Sills Cummis & Gross P.C.
`sstimpson@sillscummis.com
`
`B. Todd Patterson
`Patterson + Sheridan, LLP
`tpatterson@pattersonsheridan.com
`
`
`For PATENT OWNER:
`
`Catherine Nyarady
`David Cole
`PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
`cnyarady@paulweiss.com
`dcole@paulweiss.com
`
`
`
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
