`571-272-7822
`
`
`
` Paper No. 14
`Entered: July 13, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`——————
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`——————
`NFL ENTERPRISES LLC,
`Petitioner,
`
`v.
`
`OPENTV, INC.,
`Patent Owner.
`
`——————
`Case IPR2018-00463
`Patent 7,055,169 B2
`
`——————
`Before JAMESON LEE, SALLY C. MEDLEY, and
`CHRISTOPHER L. OGDEN, Administrative Patent Judges.
`OGDEN, Administrative Patent Judge.
`
`JUDGMENT
`Termination Due to Settlement
`35 U.S.C. § 317 and 37 C.F.R. § 42.72
`
`
`
`Case IPR2018-00463
`Patent 7,055,169 B2
`
`
`On July 6, 2018, the parties NFL Enterprises LLC (“NFL”) and
`OpenTV, Inc. (“OpenTV”) filed a joint motion to terminate the proceeding.
`Paper 10. According to the joint motion, NFL and OpenTV (through its
`affiliation with Nagravision S.A.) “have entered into a settlement agreement
`that resolves all underlying disputes between the parties, including this
`proceeding.” Paper 11 at 1. The parties filed a copy of the written
`settlement agreement, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74(b). Ex. 2002. The parties also filed a joint request under 35 U.S.C.
`§ 317(b) and 37 C.F.R. § 42.74(c) that their agreement be treated as
`confidential business information. Paper 12. We authorized the filing of
`these papers by order on June 28, 2018. Paper 10.
`We instituted trial for this proceeding on June 13, 2018. At this early
`stage of the proceeding, we do not have before us full briefing on the trial
`issues and we have not entered a final decision.
`Based on the facts of this case, it is appropriate to terminate the
`proceeding without rendering a final written decision. See 35 U.S.C.
`§ 317(a); 37 C.F.R. § 42.72.
`Accordingly, it is
`ORDERED that the joint motion to terminate the proceeding is
`granted;
`FURTHER ORDERED that the proceeding is terminated with respect
`to both NFL and OpenTV; and
`FURTHER ORDERED that the parties’ joint request that the
`settlement agreement (Ex. 2002) be treated as business confidential
`information, kept separate from the file of the involved patent, and made
`available only to Federal Government agencies on written request, or to any
`
`2
`
`
`
`
`Case IPR2018-00463
`Patent 7,055,169 B2
`
`
`person on a showing of good cause, under the provisions of 37 C.F.R.
`§ 42.74(c), is granted.
`
`
`
`
`3
`
`
`
`Case IPR2018-00463
`Patent 7,055,169 B2
`
`
`For PETITIONER:
`
`Stephen C. Stout
`Jeffrey T. Han
`VINSON & ELKINS L.L.P.
`sstout@velaw.com
`jhan@velaw.com
`
`
`For PATENT OWNER:
`
`Joshua Goldberg
`Erika Arner
`FINNEGAN, HENDERSON, FARABOW,
`GARRET & DUNNER, LLP
`joshua.goldberg@finnegan.com
`erika.arner@finnegan.com
`
`
`
`
`4
`
`
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