`571-272-7822
`
`
`
`
`Paper 35
`Entered: May 6, 2020
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`GUEST TEK INTERACTIVE ENTERTAINMENT LTD.,
`Petitioner,
`v.
`NOMADIX, INC.,
`Patent Owner.
`_______________
`
`IPR2019-00211 (Patent 7,953,857 B2)
`IPR2019-00253 (Patent 8,626,922 B2)1
`_______________
`
`
`Before SALLY C. MEDLEY, DANIEL J. GALLIGAN, and
`JASON W. MELVIN, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`
`TERMINATION
`Dismissal After Institution of Trial
`37 C.F.R. § 42.72
`
`
`
`
`1 This Order is being entered in each of the above-identified proceedings.
`The proceedings have not been consolidated and the parties are not
`authorized to use a consolidated caption.
`
`
`
`IPR2019-00211, Patent 7,953,857 B2
`IPR2019-00253, Patent 8,626,922 B2
`
`
`On May 6, 2020, the parties filed a Joint Motion to Terminate
`Proceeding in each of IPR2019-00211 and IPR2019-00253 pursuant to 37
`C.F.R. § 42.72. IPR2019-00211, Paper 33.2 The parties represent that in
`Nomadix, Inc. v. Guest Tek Interactive Entertainment Ltd., Case No. CV19-
`04980 AB (FFMx), the District Court granted Patent Owner’s motion for
`summary judgment, determining that, by filing petitions in these
`proceedings, Petitioner violated a forum-selection clause per a patent license
`agreement between the parties. Id. (citing Ex. 2009). The parties further
`represent that the District Court’s judgment orders Petitioner to join Patent
`Owner to move to terminate the present proceedings. Id. (citing Ex. 2010).
`In accordance with the judgment, the parties jointly move to terminate the
`proceedings. Id.3
`On May 28 and May 30, 2019, we instituted review respectively in
`IPR2019-00253 and IPR2019-00211. At this juncture of the proceedings,
`we have not entered a final decision. Based on the facts of these
`proceedings, it is appropriate to terminate the proceedings without rendering
`a final written decision. See 37 C.F.R. § 42.72.
`
`
`
`
`2 For purposes of this decision, we cite to the motion filed in IPR2019-
`00211, as it is representative of the motion filed in both proceedings.
`3 In authorizing the parties to file the joint motion to terminate, we instructed
`the parties that they must file any agreements required under 35 U.S.C.
`§ 317(b), or, if there are no such agreements, the parties should represent
`that in the motion. Ex. 3003. We interpret the parties’ silence as a
`representation that no such agreement required under 35 U.S.C. § 317(b)
`exists.
`
`
`
`2
`
`
`
`IPR2019-00211, Patent 7,953,857 B2
`IPR2019-00253, Patent 8,626,922 B2
`
`
`
`It is
`ORDERED that the joint motions to terminate the proceedings are
`granted; and
`FURTHER ORDERED that the proceedings are terminated.
`
`
`
`
`
`PETITIONER:
`
`Jeffrey W. Lesovitz
`Steven J. Rocci
`Daniel J. Goettle
`BAKER & HOSTETLER LLP
`jlesovitz@bakerlaw.com
`srocci@bakerlaw.com
`dgoettle@bakerlaw.com
`
`
`PATENT OWNER:
`
`
`Douglas G. Muehlhauser
`William H. Shreve
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2dgm@knobbe.com
`2whs@knobbe.com
`
`
`
`
`
`
`3
`
`
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