`Trials@uspto.gov
`Tel: 571-272-7822
`Entered: July 18, 2018
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ZTE (USA) INC., SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`v.
`FUNDAMENTAL INNOVATION SYSTEMS INTERNATIONAL LLC,
`Patent Owner.
`
`Cases:
`IPR2018-00214 (Patent 8,232,766 B2)
`IPR2018-00215 (Patent 8,232,766 B2)
`IPR2018-00274 (Patent 7,834,586 B2)
`IPR2018-00276 (Patent 7,239,111 B2)1
`
`Before BRYAN F. MOORE, LYNNE E. PETTIGREW, JO-ANNE M.
`KOKOSKI, JON B. TORNQUIST, PAUL J. KORNICZKY, and
`ARTHUR M. PESLAK, Administrative Patent Judges.
`
`PESLAK, Administrative Patent Judge.
`
`ORDER
`Granting Joint Motion to Dismiss Samsung from the Proceedings (37 C.F.R.
`§ 42.5(a) and 37 C.F.R. 42.71(a)) and Granting Joint Request to Treat
`Settlement Agreement as Business Confidential and to Keep Settlement
`Agreement Separate from the Files (37 C.F.R. § 42.74 (c))
`
`1 This Order addresses identical issues in each of four related cases. We
`exercise our discretion to issue one Order to be entered in each case.
`
`
`
`IPR2018-00214 (Patent 8,232,766 B2)
`IPR2018-00215 (Patent 8,232,766 B2)
`IPR2018-00274 (Patent 7,834,586 B2)
`IPR2018-00276 (Patent 7,239,111 B2)
`
`On July 13, 2018, pursuant to Board authorization, Petitioners
`
`Samsung Electronics Co., Ltd and Samsung Electronics America, Inc.
`(collectively “Samsung”) and Patent Owner filed joint motions to dismiss
`Samsung from these proceedings, and joint requests that the settlement
`agreement be treated as business confidential information and kept separate
`from the patent files in IPR2018-00214 (“the ‘214 IPR”) (Papers 11, 12),
`IPR2018-00215 (“the ‘215 IPR”) (Papers 16, 17), IPR2018-00274 (“the ‘274
`IPR”) (Papers 10, 11), and IPR2018-00276 (“the ‘276 IPR”) (Papers 9, 10).
`
`We have not instituted trial in any of the subject inter partes review
`proceedings. Thus, these proceedings are all in their initial stages. The joint
`motions state that “Samsung and Patent Owner have settled their dispute”
`and the Settlement Agreement contemplates “dismissing Samsung from this
`proceeding and” from related District Court litigation. ‘214 IPR Paper 11,
`3–4; ‘215 IPR Paper 16, 3–4; ‘274 IPR Paper 10, 3–4; ‘276 IPR Paper 9, 3–
`4. Based on the foregoing, we determine that it is appropriate to dismiss
`Samsung as a petitioner in each of these proceedings.
`
`Pursuant to 37 C.F.R. § 42.74 (b), Samsung and Patent Owner filed
`the Settlement Agreement in each of the subject proceedings. ‘214 IPR
`Ex. 2015; ‘215 IPR Ex. 2016; ‘274 IPR Ex. 2015; ‘276 IPR Ex. 2015. As
`requested by the parties, the settlement agreement will be treated as
`business confidential information and kept separate from the files of the
`patent subject to review in each proceeding pursuant to 37 C.F.R. § 42.74
`(c).
`
`Accordingly, it is:
`
`2
`
`
`
`IPR2018-00214 (Patent 8,232,766 B2)
`IPR2018-00215 (Patent 8,232,766 B2)
`IPR2018-00274 (Patent 7,834,586 B2)
`IPR2018-00276 (Patent 7,239,111 B2)
`
`ORDERED that the joint motions to terminate Cases IPR2018-00214
`
`(Paper 11), IPR2018-00215 (Paper 16), IPR2018-00274 (Paper 10), and
`IPR2018-00276 (Paper 9) with respect to Samsung are granted;
`
`FURTHER ORDERED that Samsung’s Petitions for Inter Partes
`Review in Cases IPR2018-00214, IPR2018-00215, IPR2018-00274, and
`IPR2018-00276 are dismissed;
`
`FURTHER ORDERED that Samsung and Patent Owner’s joint
`requests that the settlement agreement (IPR2018-00214, Ex. 2015; IPR218-
`00215, Ex. 2016; IPR2018-00274, Ex. 2015; IPR2018-00276, Ex. 2015) be
`treated as business confidential information to be kept separate from the
`patent files are granted; and
`
`FURTHER ORDERED that Petitioner ZTE (USA) Inc. shall remain a
`Petitioner in each of IPR2018-00214, IPR2018-00215, IPR2018-00274, and
`IPR2018-00276.
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2018-00214 (Patent 8,232,766 B2)
`IPR2018-00215 (Patent 8,232,766 B2)
`IPR2018-00274 (Patent 7,834,586 B2)
`IPR2018-00276 (Patent 7,239,111 B2)
`
`PETITIONER:
`Gregory S. Arovas
`greg.arovas@kirkland.com
`
`Robert A. Appleby
`robert.appleby@kirkland.com
`
`Todd M. Friedman
`todd.friedman@kirkland.com
`
`Alan Rabinowitz
`rabinowitz@kirkland.com
`
`Eugene Goryunov
`eugene.goryunov@kirkland.com
`
`Charles M. McMahon
`cmcmahon@mwe.com
`
`Hersh H. Mehta
`hmehta@mwe.com
`
`
`PATENT OWNER:
`Hong Zhong
`hzhong@irell.com
`
`Michael Fleming
`mfleming@irell.com
`
`4
`
`
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