`571-272-7822
`
`
`
`Paper No. 8
`Date Entered: June 26, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
` VIZIO, INC.
`Petitioner
`
`v.
`
` NICHIA CORPORATION,
`Patent Owner
`____________
`
`Case IPR2018-01100
`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 JOINT MOTION TO DISMISS
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`CASE IPR2018-01100
`Patent 7,915,631 B2
`
`
`On May 16, 2018 Vizio, Inc., filed a Petition requesting inter partes
`review of U.S. Patent No. 7,915,631 B2 (“the ʼ631 Patent”). Paper 2. In e-
`mail correspondence on June 12, 2018, the parties requested “leave to file a
`joint motion to terminate this proceeding (IPR2018-01100) in its entirety.”
`The parties informed the Board that the sole independent claim of the ʼ631
`Patent has been found indefinite in federal district court litigation and in
`light of that development, they would like to terminate this proceeding to
`conserve both the Board’s and the parties’ resources.
`This matter is in its preliminary stages. Patent Owner has not filed a
`Patent Owner Preliminary Response, and we have not yet rendered a
`decision whether to institute a trial. Because we have not instituted review,
`there is no inter partes review proceeding to terminate. See 35 U.S.C. § 317
`(applying to “[a]n inter partes review instituted under this chapter”). At this
`early stage of the proceeding it may be appropriate, instead, to dismiss the
`Petition under 37 C.F.R. § 42.71(a) and/or § 42.74.
`Accordingly, the parties are authorized to file a Joint Motion to
`Dismiss. The Joint Motion to Dismiss 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 ʼ631
`patent, and advise the Board whether any litigation or proceeding involving
`the ʼ631 patent is contemplated in the foreseeable future.
`The Joint Motion to Dismiss 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
`termination of the proceeding or include a statement certifying that there are
`no such collateral agreements or understandings. A party to a settlement
`
`
`
`2
`
`
`
`CASE IPR2018-01100
`Patent 7,915,631 B2
`
`
`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 Dismiss.
`
`
`
`PETITIONER:
`
`Gabrielle E. Higgins
`James L. Davie Jr.
`ROPES & GRAY LLP
`Gabrielle.higgins@ropesgray.com
`James.l.david@ropesgray.com
`
`PATENT OWNER:
`
`Catherine Nyarady
`David E. Cole
`PAUL, WEISS, RIFKIND, WHARTON
` & GARRISON LLP
`cnyarady@paulweiss.com
`dcole@paulweiss.com
`
`
`
`
`
`
`3
`
`
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