`
`
`Paper 8
`Entered: October 16, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CISCO SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`REALTIME ADAPTIVE STREAMING LLC,
`Patent Owner.
`____________
`
`Case IPR2018-01384
`Patent 8,934,535 B2
`____________
`
`Before KEVIN W. CHERRY, GARTH D. BAER, and NABEEL U. KHAN,
`Administrative Patent Judges.
`
`KHAN, Administrative Patent Judge.
`
`
`ORDER
`
`Dismissing Petition
`37 C.F.R. §§ 42.5(a) and 42.71(a)
`and
`Granting Request to Treat Settlement Documents as
`Confidential Business Information
`37 C.F.R. § 42.74(c)
`
`
`
`
`
`IPR2018-01384
`Patent 8,934,535 B2
`
`
`
`
`
`On October 8, 2018, the parties filed a Joint Motion to Terminate
`Inter Partes Reviews (Paper 6) and Joint Request to Keep Separate (Paper
`7). Because we have not instituted an inter partes review, we treat the Joint
`Motion to Terminate as a joint motion to dismiss the Petition. The Motion
`requests dismissal because the litigation between the parties involving US
`Patent No. 8,934,535 B2 (the ’535 patent) has been dismissed and the parties
`do not contemplate any litigation or proceeding involving the ’535 patent in
`the foreseeable future. Paper 6, 3. The parties concurrently filed a true copy
`of their settlement agreement. Id. at 2; see Ex. 2001.
`This proceeding is at an early stage. Petitioner filed a Petition for
`Inter Partes Review on July 12, 2018. Paper 2. Patent Owner has not filed
`a Preliminary Response, and we have neither considered the merits of the
`Petition nor decided whether to institute trial.
`Under these circumstances, we determine it is appropriate to dismiss
`the Petition. See 37 C.F.R. §§ 42.5(a), 42.71(a). We also determine it is
`appropriate to treat the parties’ settlement agreement (Ex. 2001) as
`confidential business information, and to keep that document separate from
`the files of the ’610 patent.
`This paper does not constitute a final written decision pursuant to
`35 U.S.C. § 318(a).
`Accordingly, it is hereby:
`ORDERED that the Petition for Inter Partes Review of U.S. Patent
`No. 8,934,535 B2 is dismissed; and
`FURTHER ORDERED that Exhibit 2001 be maintained as
`confidential business information and kept separate from the files of U.S.
`Patent No. 8,934,535 B2.
`
`2
`
`
`
`
`
`
`
`IPR2018-01384
`Patent 8,934,535 B2
`
`PETITIONER:
`Andrew Sommer
`Louis L. Campbell
`Katherine Vidal
`WINSTON & STRAWN LLP
`asommer@winston.com
`llcampbell@winston.com
`kvidal@winston.com
`
`
`PATENT OWNER:
`Neil A. Rubin
`Kent Shum
`RUSS AUGUST & KABAT
`nrubin@raklaw.com
`kshum@raklaw.com
`
`
`
`3
`
`
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