`
`
`
`
`
`
`Trials@uspto.gov
` Date: August 28, 2020
`
`
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ROBERT BOSCH LLC,
`Petitioner,
`v.
`MONUMENT PEAK VENTURES, LLC,
`Patent Owner.
`____________
`
`IPR2019-01472 (Patent 6,282,317 B1); IPR2019-01473 (Patent 6,654,507 B2);
`IPR2019-01474 (Patent 6,654,506 B1); IPR2019-01475 (Patent 7,035,461 B2);
`IPR2019-01476 (Patent 7,148,908 B2)1
`____________
`
`
`Before JONI Y. CHANG, MICHAEL R. ZECHER, MELISSA A. HAAPALA,
`and JULIET MITCHELL DIRBA, Administrative Patent Judges. 2
`
`CHANG, Administrative Patent Judge.
`
`
`TERMINATION
`Due to Settlement After Institution of Trial
`35 U.S.C. § 317; 37 C.F.R. § 42.74
`
`
`
`1 This Order is being filed in each proceeding listed in the caption. The parties,
`however, are not authorized to use this style of filing in subsequent papers,
`without prior authorization.
`2 This is not an expanded panel of the Board. The panel for IPR2019-01472,
`IPR2019-01473, and IPR2019-01474 includes Judges Chang, Zecher, and
`Dirba; the panel for IPR2019-01475 includes Judges Chang, Haapala, and
`Dirba; and the panel for IPR2019-01476 includes Judges Chang, Zecher, and
`Haapala.
`
`
`
`IPR2019-01472 (Patent 6,282,317 B1); IPR2019-01473 (Patent 6,654,507 B2);
`IPR2019-01474 (Patent 6,654,506 B1); IPR2019-01475 (Patent 7,035,461 B2);
`IPR2019-01476 (Patent 7,148,908 B2)
`
`
`In each instant proceeding, Petitioner and Patent Owner jointly move to
`terminate inter parte review in light of their settlement that resolves their
`dispute regarding the patents at issue. Paper 12 (“Mot.”).3 The parties also
`filed a true copy of their written settlement agreement in connection with the
`termination as required by 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b), in
`each instant proceeding. Ex. 1012. Pursuant to 37 C.F.R. § 42.74(c), the
`parties additionally filed a joint request to treat the Settlement Agreement as
`business confidential information kept separate from the file of the involved
`patent, in each instant proceeding. Paper 14.
`Generally, the Board expects that a proceeding will terminate after the
`filing of a settlement agreement. See Consolidated Trial Practice Guide4 at 86;
`see also 84 Fed. Reg. 64,280 (Nov. 21, 2019). Here, the parties indicate that
`their Settlement Agreement completely resolves the controversy between the
`parties relating to the involved patents. Mot. 3. Although the instant inter
`partes reviews have been instituted, these proceedings are still in the briefing
`stage. We have not yet held an oral hearing and have not entered a final
`written decision in any of these proceedings.
`Upon review of the procedural posture of these proceedings and the facts
`before us, we determine that the parties’ requests have merit and that it is
`appropriate to terminate these proceedings and enter judgment without
`
`3 For purposes of expediency, we refer to the papers and exhibits filed in
`IPR2019-01472. Similar papers and exhibits were filed in IPR2019-01473,
`IPR2019-01474, IPR2019-01475, and IPR2019-01476.
`4 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`2
`
`
`
`IPR2019-01472 (Patent 6,282,317 B1); IPR2019-01473 (Patent 6,654,507 B2);
`IPR2019-01474 (Patent 6,654,506 B1); IPR2019-01475 (Patent 7,035,461 B2);
`IPR2019-01476 (Patent 7,148,908 B2)
`
`rendering a final written decision in each instant proceeding. See 35 U.S.C.
`§ 317(a); 37 C.F.R. §§ 42.2, 42.72.
`In consideration of the foregoing, it is hereby
`ORDERED that the Joint Motions to Terminate filed in these
`proceedings are granted; and
`FURTHER ORDERED that the Joint Requests to File Settlement
`Agreement as Business Confidential Information and to keep such settlement
`agreement separate from the patent files, and to make it available only to
`Federal Government agencies on written request, or to any person on a
`showing of good cause, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74(c), are granted.
`
`
`
`
`
`
`3
`
`
`
`IPR2019-01472 (Patent 6,282,317 B1); IPR2019-01473 (Patent 6,654,507 B2);
`IPR2019-01474 (Patent 6,654,506 B1); IPR2019-01475 (Patent 7,035,461 B2);
`IPR2019-01476 (Patent 7,148,908 B2)
`
`
`
`
`
`
`For PETITIONER:
`Lionel Lavenue
`Cory Bell
`Razi Safi
`
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`lionel.lavenue@finnegan.com
`cory.bell@finnegan.com
`razi.safi@finnegan.com
`
`For PATENT OWNER:
`Tarek Fahmi
`Jonathan Tsao
`
`ASCENDA LAW GROUP, PC
`tarek.fahmi@ascendalaw.com
`jonathan.tsao@ascendalaw.com
`
`
`
`4
`
`
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