`571-272-7822
`
`Paper 18
`Date: December 14, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`COLLECTIVE MINDS GAMING CO. LTD.,
`Petitioner,
`
`v.
`
`IRONBURG INVENTIONS, LTD.,
`Patent Owner.
`____________
`
`IPR2018-00354 (Patent 8,641,525 B2)
`IPR2018-00355 (Patent 9,352,229 B2)
`IPR2018-00356 (Patent 9,089,770 B2)
`IPR2018-00357 (Patent 9,289,688 B2)1
`____________
`
`
`
`Before PHILLIP J. KAUFFMAN, MEREDITH C. PETRAVICK, and
`MITCHELL G. WEATHERLY, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`JUDGMENT
`Termination Due to Settlement after Institution of Inter Partes Review
`35 U.S.C. § 317 and 37 C.F.R. §§ 42.72, 42.74
`
`
`1 This Order addresses the same or similar issue in the proceedings listed
`above, and we issue one Order to be filed in each proceeding.
`
`
`
`
`IPR2018-00354 (Patent 8,641,525 B2)
`IPR2018-00355 (Patent 9,352,229 B2)
`IPR2018-00356 (Patent 9,089,770 B2)
`IPR2018-00357 (Patent 9,289,688 B2)
`
`
`I. INTRODUCTION
`
`
`
`
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`On December 11, 2018, the parties filed joint motions to terminate the
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`instant proceedings (Paper 162), along with, a true copy of their written
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`settlement agreement made in connection with the termination of the instant
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`proceedings (Ex. 2023). The parties also filed joint requests to treat the
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`settlement agreement as business confidential information. Paper 16, 5. We
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`authorized these filings by email on December 4, 2018. For the reasons set
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`forth below, we grant the motions and requests.
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`II. DISCUSSION
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`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
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`this chapter shall be terminated with respect to any petitioner upon the joint
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`request of the petitioner and patent owner, unless the Office has decided the
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`merits of the proceeding before the request for termination is filed.” The
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`proceedings are in the early stages of trial, we have not yet decided the
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`merits of the challenges presented in the Petition.
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`In the joint motions to terminate, the parties represent that they have
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`settled their dispute and have reached an agreement that resolves the dispute
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`in this inter partes review and all disputes between the parties relating to the
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`patents at issue. Paper 16, 4–5. Upon consideration of the circumstances of
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`this case, we terminate this inter partes review as to both Petitioner and
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`Patent Owner without rendering a final written decision. See 35 U.S.C.
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`§ 317(a) (“If no petitioner remains in the inter partes review, the Office may
`
`
`2 For the purposes of this Order, IPR2018-00354 is representative and all
`citations are to papers in IPR2018-00354 unless otherwise noted.
`
`
`2
`
`
`
`
`IPR2018-00354 (Patent 8,641,525 B2)
`IPR2018-00355 (Patent 9,352,229 B2)
`IPR2018-00356 (Patent 9,089,770 B2)
`IPR2018-00357 (Patent 9,289,688 B2)
`
`
`terminate the review or proceed to a final written decision under section
`
`
`
`318(a).”).
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`Along with the motion, the parties filed joint requests to treat the
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`settlement agreement as business confidential information and keep it
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`separate from the file of the respective patents involved in this inter partes
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`proceeding. Paper 16, 5. We also grant the joint requests to maintain the
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`settlement agreement as business confidential in accordance with 37 C.F.R.
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`§ 42.74(c).
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`
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`III. CONCLUSION
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`
`
`
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`It is:
`
`ORDERED that the joint motions to terminate these proceedings are
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`granted, and these proceedings are, hereby, terminated; and
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`
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`FURTHER ORDERED that the parties’ joint requests that the
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`settlement agreement be treated as business confidential information and
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`kept separate from the file of the involved patent under 35 U.S.C. § 327(b)
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`and 37 C.F.R. § 42.74(c) is granted.
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`3
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`
`
`
`IPR2018-00354 (Patent 8,641,525 B2)
`IPR2018-00355 (Patent 9,352,229 B2)
`IPR2018-00356 (Patent 9,089,770 B2)
`IPR2018-00357 (Patent 9,289,688 B2)
`
`
`For PETITIONER:
`
`
`
`Eric Buresh
`eric.buresh@eriseip.com
`
`Paul Hart
`paul.hart@eriseip.com
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`
`
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`
`
`For PATENT OWNER:
`
`Robert Becker
`rbecker@manatt.com
`
`Ehab Samuel
`esamuel-ptab@manatt.com
`
`
`
`
`
`
`
`4
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`
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