Trials@uspto.gov
`571-272-7822
`
`
`
`Paper 13
`Entered: February 11, 2021
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PALO ALTO NETWORKS, INC., DELL TECHNOLOGIES INC.,
`VMWARE, INC., JUNIPER NETWORKS, INC., HEWLETT PACKARD
`ENTERPRISE COMPANY and ARUBA NETWORKS, INC.,
`Petitioner,
`
`v.
`
`SABLE NETWORKS, INC.,
`Patent Owner.
`____________
`
`IPR2020-01712
`Patent 8,243,593 B2
`____________
`
`
`Before GARTH D. BAER, SCOTT B. HOWARD, and
`JULIET MITCHELL DIRBA, Administrative Patent Judges.
`
`HOWARD, Administrative Patent Judge.
`
`
`
`
`DECISION
`Granting Joint Motion to Terminate Proceeding Due to
`Settlement before Institution and
`Granting Joint Request to Treat Settlement Agreement as
`Business Confidential Information
`37 C.F.R. § 42.74
`
`
`
`
`
`
`
`571-272-7822
`
`
`
`Paper 13
`Entered: February 11, 2021
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PALO ALTO NETWORKS, INC., DELL TECHNOLOGIES INC.,
`VMWARE, INC., JUNIPER NETWORKS, INC., HEWLETT PACKARD
`ENTERPRISE COMPANY and ARUBA NETWORKS, INC.,
`Petitioner,
`
`v.
`
`SABLE NETWORKS, INC.,
`Patent Owner.
`____________
`
`IPR2020-01712
`Patent 8,243,593 B2
`____________
`
`
`Before GARTH D. BAER, SCOTT B. HOWARD, and
`JULIET MITCHELL DIRBA, Administrative Patent Judges.
`
`HOWARD, Administrative Patent Judge.
`
`
`
`
`DECISION
`Granting Joint Motion to Terminate Proceeding Due to
`Settlement before Institution and
`Granting Joint Request to Treat Settlement Agreement as
`Business Confidential Information
`37 C.F.R. § 42.74
`
`
`
`
`
`
`
`
`IPR2020-01712
`Patent 8,243,593 B2
`
`
`INTRODUCTION
`I.
`Petitioner and Patent Owner (collectively “the Parties”) have
`requested that the above-identified inter partes review proceeding be
`terminated pursuant to a settlement. On February 4, 2021, the Parties filed a
`Joint Motion to Terminate the above-identified proceeding (“Joint Motion”).
`Paper 11. The Parties previously sought authorization to file the joint
`motion and received that authorization on February 1, 2021. Joint Motion 2.
`The Parties filed a Settlement Agreement (Exhibit 2001, “Settlement
`Agreement”) and a Joint Request of Palo Alto Networks, Inc., Juniper
`Networks, Inc., VMware, Inc., Hewlett Packard Enterprise Company, Aruba
`Networks, Inc. and Sable Networks, Inc. to Treat Settlement Information as
`Business Confidential Information and Keep Separate (“Joint Request”).
`Paper 12.
`
`II. DISCUSSION
`In the Joint Motion, the Parties represent that they have reached an
`agreement to jointly seek termination of this inter partes review proceeding,
`that the filed copy of the Settlement Agreement is a true and correct copy,
`and there are no other collateral agreements or understandings made in
`connection with, or in contemplation of, the termination of this proceeding.
`Joint Motion 1–5. The Parties also represent that their disputes have been
`resolved. Id. at 2.
`We have not yet instituted a trial on the above-identified proceeding.
`Nor have we decided the merits of the proceeding, and a final written
`decision has not been entered in the proceeding. The Parties have shown
`adequately that the termination of the proceeding is appropriate. Under
`these circumstances, we determine that good cause exists to terminate the
`
`
`
`2
`
`
`
`IPR2020-01712
`Patent 8,243,593 B2
`
`proceeding with respect to the Parties.
`Petitioners Palo Alto Networks, Inc., Juniper Networks, Inc.,
`VMware, Inc., and Hewlett Packard Enterprise Company and Patent Owner
`also requested that the Settlement Agreement be treated as business
`confidential information and be kept separate from the file of Patent
`8,243,593. Joint Request 1. Although Petitioner Dell Technologies does not
`join the request, Petitioners Palo Alto Networks, Inc., Juniper Networks,
`Inc., VMware, Inc., and Hewlett Packard Enterprise Company and Patent
`Owner represent that Dell Technologies does not oppose the request. Id.
`After reviewing the Settlement Agreement, we find that the Settlement
`Agreement contains confidential business information regarding the terms of
`settlement. We determine that good cause exists to treat the Settlement
`Agreement between the Parties as business confidential information
`pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`This Order does not constitute a final written decision pursuant to
`35 U.S.C. § 318(a).
`
`III. ORDER
`Accordingly, for the reasons discussed above, it is:
`ORDERED that the Joint Motion to Terminate is granted, and
`IPR2020-01712 is terminated with respect to Petitioner and Patent Owner;
`and
`FURTHER ORDERED that the Joint Request to File Settlement
`
`Agreement as Business Confidential Information is granted, and the
`Settlement Agreement shall be kept separate from the file of Patent
`8,243,593, and made available only to Federal Government agencies on
`written request, or to any person on a showing of good cause, pursuant to
`
`
`
`3
`
`
`
`IPR2020-01712
`Patent 8,243,593 B2
`
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`
`For PETITIONER:
`Jonathan Tuminaro
`Michael D. Specht
`Daniel Block
`Todd Thurheimer
`STERNE, KESSLER, GOLDSTEIN & FOX, P.L.L.C.,
`jtuminar-PTAB@sternekessler.com
`mspecht-PTAB@sternekessler.com
`dblock-PTAB@sternekessler.com
`tthurheimer-PTAB@sternekessler.com
`
`Christopher TL Douglas
`Ben Pleune
`ALSTON & BIRD LLP
`christopher.douglas@alston.com
`ben.pleune@alston.com
`
`James L. Day
`Daniel Callaway
`Winston Liaw
`FARELLA BRAUN + MARTEL LLP
`jday@fbm.com
`dcallaway@fbm.com
`wliaw@fbm.com
`
`Tiffany C. Miller
`James M. Heintz
`DLAPIPER LLP (US)
`tiffany.miller@us.dlapiper.com
`jim.heintz@us.dlapiper.com
`
`
`
`
`
`
`
`4
`
`
`
`IPR2020-01712
`Patent 8,243,593 B2
`
`For PATENT OWNER:
`Kenneth J. Weatherwax
`Patrick Maloney
`Jason C. Linger
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`maloney@lowensteinweatherwax.com
`linger@lowensteinweatherwax.com
`
`
`
`
`5
`
`
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