`
`571-272-7822
`Date Entered: July 17, 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.
`
`
`
`DECISON
`Granting Joint Motion to Dismiss
`37 C.F.R. § 42.71(a)
`
`
`
`
`
`
`IPR2018-01100
`Patent 7,915,631 B2
`
`
`On June 29, 2018 the parties filed a Joint Motion to Dismiss
`Proceeding under 37 C.F.R. §§ 42.71(a) and 42.74. Paper 9. The parties
`inform the Board that a claim term in claim 1, the sole independent claim of
`U.S. Patent No. 7,915,631, has been found indefinite in federal district court
`litigation and in light of that development, they would like to terminate these
`proceedings to conserve both the Board’s and the parties’ resources. Paper
`9, 2. The parties also represent “there are no collateral agreements or
`understandings made in connection with, or in contemplation of, the parties’
`joint request to dismiss the proceeding.” Paper 9, 2.
`This proceeding is in its preliminary stages and the Board has not yet
`rendered a decision whether to institute a trial. At this early stage of the
`proceeding the Board determines it is appropriate to dismiss the Petition.
`See 37 C.F.R. § 42.71(a) (authorizing the Board to dismiss a petition).
`The Board further notes that Petitioner’s Motion for Joinder and
`Request for Shortened Response Time for Patent Owner’s Preliminary
`Response (“Motion for Joinder”) (Paper 3) is currently pending. In light of
`the Board’s decision to grant the parties’ Joint Motion to Dismiss,
`Petitioner’s Motion for Joinder is moot.
`Accordingly, it is
`ORDERED that the Joint Motion to Dismiss Proceeding is
`GRANTED and the Petition is hereby dismissed.
`
`
`
`
`
`
`
`2
`
`
`
`IPR2018-01100
`Patent 7,915,631 B2
`
`
`
`PETITIONER:
`
`Gabrielle E. Higgins
`James L. Davis Jr.
`ROPES & GRAY LLP
`Gabrielle.higgins@ropesgray.com
`James.l.david@ropesgray.com
`
`
`PATENT OWNER:
`
`Catherine Nyarady
`David Cole
`PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
`cnyarady@paulweiss.com
`dcole@paulweiss.com
`
`
`
`3
`
`
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