`Date: December 17, 2019
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ZTE (USA) INC.,
`Petitioner,
`
`v.
`
`BELL NORTHERN RESEARCH, LLC,
`Patent Owner.
`___________
`
`IPR2019-01438
`Patent 8,416,862 B2
`___________
`
`Before BRYAN F. MOORE, MELISSA A. HAAPALA, and
`STACY B. MARGOLIES, Administrative Patent Judges.
`
`MARGOLIES, Administrative Patent Judge.
`
`
`DECISION
`Settlement Prior to Institution of Trial
` 37 C.F.R. § 42.74
`
`
`
`
`
`
`
`
`IPR2019-01438
`Patent 8,416,862 B2
`
`
`
`
`Pursuant to our authorization, on December 12, 2019, the parties filed a Joint
`Motion to Terminate the above-captioned proceeding. Paper 9. Along with the
`motion, the parties filed a settlement agreement (Exhibit 2001) and a Joint Request
`to Keep Separate (Paper 8), in which the parties request the settlement agreement
`be treated as business confidential information pursuant to 35 U.S.C. § 317(b) and
`37 C.F.R. § 42.74(c).
`The parties state that they have settled their dispute regarding the challenged
`patent, the settlement agreement has been made in writing, and a true and correct
`copy of the agreement is filed as Exhibit 2001. Paper 9, 1, 3. The parties further
`state that the district court has dismissed the claims relating to the challenged
`patent. Id. at 2. The parties also assert that there are no public interest or other
`factors that weigh against termination of this proceeding. Id. at 1–2.
`This proceeding is in its preliminary stages and we have not yet decided
`whether to institute an inter partes review. Under the circumstances, we determine
`it is appropriate to terminate this proceeding. We further determine it is
`appropriate to treat the settlement agreement as business confidential information,
`and, therefore, grant the request. See 35 U.S.C. § 317(b); 37 C.F.R. § 42.74(c).
`
`It is
`ORDERED that the joint Motion to Terminate this proceeding is
`GRANTED and the proceeding is hereby terminated; and
`FURTHER ORDERED that the Joint Request that the settlement agreement
`(Exhibit 2001) be treated as business confidential information pursuant to
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) is GRANTED.
`
`
`
`2
`
`
`
`
`
`
`
`
`IPR2019-01438
`Patent 8,416,862 B2
`
`For PETITIONER:
`
`Amol A. Parikh
`Charles M. McMahon
`Thomas M. DaMario
`Jiaxiao Zhang
`McDERMOTT WILL & EMERY
`amparikh@mwe.com
`cmcmahon@mwe.com
`tdamario@mwe.com
`jiazhang@mwe.com
`
`For PATENT OWNER:
`
`Steven W. Hartsell
`Alexander E. Gasser
`SKIERMONT DERBY LLP
`shartsell@skiermontderby.com
`agasser@skiermontderby.com
`
`3
`
`
`
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