`571-272-7822
`
`
`
`Paper No. 14
`Date Entered: July 17, 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.
`
`
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.72
`
`
`
`
`
`
`
`
`IPR2018-00066
`Patent 7,915,631 B2
`
`
`On July 12, 2018, the parties filed a Corrected Joint Motion to
`Terminate Proceeding Pursuant to 35 U.S.C. § 317. Paper 13. The parties
`also filed a Joint Request to File Settlement Agreement as Business
`Confidential Information Pursuant to 35 U.S.C. § 317 (Paper 11) along with
`a copy of a written settlement agreement (Ex. 2020).
`This proceeding is in its preliminary stages with the Board instituting
`trial on April 25, 2018 and Patent Owner having not yet filed a response to
`the Petition. The parties represent that “a true copy” of the parties’
`settlement agreement (Ex. 2020) has been filed with the Board. Paper 13, 2.
`The parties also “certify that there are no collateral agreements to the
`confidential settlement agreement (EX2020) or understandings made in
`connection with, or in contemplation of, the termination of these
`proceedings.” Paper 13, 5. Under these circumstances, the Board
`determines that it is appropriate to terminate the proceeding without
`rendering a final written decision. 37 C.F.R. § 42.72. The Board also
`determines that it is appropriate to treat the settlement agreement as business
`confidential information to be kept separate from the patent file. See 37
`C.F.R. § 42.74(c).
`It is, therefore,
`ORDERED that the Corrected Joint Motion to Terminate Proceeding
`Pursuant to 35 U.S.C. § 317 is GRANTED and the subject proceeding is
`hereby terminated;
`FURTHER ORDERED that the parties’ Joint Request to File
`Settlement Agreement as Business Confidential Information Pursuant to 35
`U.S.C. § 317, which shall be kept separate from the file of the involved
`
`
`
`2
`
`
`
`IPR2018-00066
`Patent 7,915,631 B2
`
`
`patents under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c),
`is GRANTED.
`
`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
`
`
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