`571-272-7822
`
`
`
`Paper No. 11
`Entered: April 2, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`Patent Owner.
`____________
`
`Case IPR2019-00523
`Patent 9,445,251 B2
`____________
`
`Before TREVOR M. JEFFERSON, CHRISTA P. ZADO, and
`FREDERICK C. LANEY, Administrative Patent Judges.
`
`LANEY, Administrative Patent Judge.
`
`
`DECISION
`Granting Joint Motion to Dismiss
`37 C.F.R. § 42.71(a)
`Granting Request to Treat Settlement Document
`as Confidential Business Information
`35 U.S.C. § 317(b); 37 C.F.R. § 42.74(c)
`
`
`
`
`
`
`IPR2019-00523
`Patent 9,445,251 B2
`
`
`On March 22, 2019, pursuant to 37 C.F.R. § 42.71(a), the parties filed
`a Joint Motion to Dismiss the Petition. Paper 8 (“Joint Motion”).
`Accompanying the Joint Motion, the parties filed what they assert is a true
`and correct copy of a settlement agreement along with a Joint Request to
`Treat Settlement Agreement as Business Confidential, to be kept separate
`from the patent file under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`Paper 9 (“Joint Request”); Ex. 1031 (“Settlement Agreement”). We
`authorized the filing of these papers in an email sent on March 20, 2019.
`The instant proceeding is still in the preliminary stages, as we have
`not yet entered a decision on institution. Under these circumstances,
`Petitioner has demonstrated that dismissal of its petition is warranted, and
`we grant the parties’ Joint Motion and Joint Request. See 37 C.F.R.
`§ 42.71(a) (authorizing the Board to dismiss a petition).
`Accordingly, it is:
`ORDERED that the parties’ Joint Motion to Dismiss the Petition is
`granted and the petition is dismissed;
`FURTHER ORDERED that the parties’ Joint Request to Treat
`Settlement Agreement as Business Confidential is granted; and
`FURTHER ORDERED that the Settlement Agreement, Ex. 1031,
`shall be treated as business confidential information and kept separate from
`the patent file, under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74(c).
`
`
`
`IPR2019-00523
`Patent 9,445,251 B2
`
`PETITIONER:
`
`LATHAM & WATKINS LLP
`
`Matthew Moore
`matthew.moore@lw.com
`Robert Steinberg
`bob.steinberg@lw.com
`Jonathan Strang
`jonathan.strang@lw.com
`Lisa Nguyen
`lisa.nguyen@lw.com
`
`
`PATENT OWNER:
`
`BROWN RUDNICK LLP
`Vincent Rubino
`vrubino@brownrudnick.com
`Peter Lambrianakos
`plambrianakos@brownrudnick.com
`Enrique W. Iturrald
`eiturralde@brownrudnick.com
`
`
`
`
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