`571-272-7822
`
`
`
`
`Paper 10
`Entered: January 2, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SONY CORPORATION and POLYCOM, INC.,
`Petitioner,
`
`v.
`
`REALTIME DATA LLC,
`Patent Owner.
`____________
`
`Case IPR2018-01413
`Patent 9,769,477 B2
`____________
`
`
`
`Before GEORGIANNA WITT BRADEN and KEVIN W. CHERRY,
`Administrative Patent Judges.
`
`
`
`BRADEN, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`DECISION
`Joint Motion to Terminate Proceeding
`37 C.F.R. § 42.72
`
`
`
`
`
`Case IPR2018-01413
`Patent 9,769,477 B2
`
`INTRODUCTION
`In an email dated November 5, 2018, Sony Corporation and Polycom,
`Inc. (respectively “Sony” and “Polycom,” collectively “Petitioners”) and
`Realtime Data, LLC (“Patent Owner”) requested authorization to file a Joint
`Motion to Terminate this proceeding (“Motion”) and a Joint Request to Keep
`Separate (“Joint Request”) a confidential settlement agreement to be filed
`concurrently. Ex. 3001. On November 7, 2018, we authorized the filing of
`the Motions. Id.
`On November 7, 2018, the parties filed the Motion (Paper 8) and Sony
`and Polycom filed separate Joint Requests (Papers 9 and 10 respectively).
`On November 7, 2018, a separate true copy of a RELEASE TERMS
`agreement for Sony and for Polycom were filed under the “Board Only”
`designation. Exs. 2003 and 2004 respectively.
`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
`this chapter shall be terminated with respect to any petitioner upon the joint
`request of the petitioner and patent owner, unless the Office has decided the
`merits of the proceeding before the request for termination is filed.” The
`grant of the Motion will result in the termination of this proceeding. The
`parties are reminded that the Board is not a party to the settlements, and may
`identify independently any question of patentability. 37 C.F.R § 42.74(a).
`Generally, however, the Board expects that a proceeding will
`terminate as to settling parties after the filing of a settlement agreement.
`See, e.g., Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768
`(Aug. 14, 2012). Patent Owner has not filed a Preliminary Response and we
`have not instituted trial. This proceeding is at a very early stage. The Board
`
`2
`
`
`
`Case IPR2018-01413
`Patent 9,769,477 B2
`is persuaded that, under these circumstances, it is appropriate to terminate
`this proceeding. See 37 C.F.R. § 42.72.
`ORDER
`
`Accordingly, it is:
`ORDERED that the joint motion to terminate the proceeding is
`GRANTED, and the proceeding is hereby terminated as to all parties; and
`FURTHER ORDERED that the parties’ joint request to keep separate
`Exhibits 2003 and 2004 is GRANTED, and the specified exhibits shall be:
`(i) treated as business confidential information; (ii) kept separate from the
`files of U.S. Patent No. 9,762,907; (iii) kept confidential from any third
`party; (iv) filed as “BOARD ONLY” as accessible only to the Board and no
`other party to this proceeding; and (v) made available only to Federal
`Government agencies on written request, or to any person on a showing of
`good cause, under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74(c).
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`Case IPR2018-01413
`Patent 9,769,477 B2
`
`PETITIONERS:
`
`Eric A. Buresh
`Abran J. Kean
`Jennifer C. Bailey
`Chris R. Schmidt
`ERISE IP, P.A.
`eric.buresh@eriseip.com
`abran.kean@eriseip.com
`jennifer.bailey@eriseip.com
`chris.schmidt@eriseip.com
`
`PATENT OWNER:
`
`Neil A. Rubin
`Kent Shum
`RUSS AUGUST & KABAT
`nrubin@raklaw.com
`kshum@raklaw.com
`rak_realtimedata@raklaw.com
`
`
`
`
`4
`
`
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