U.S. Patent No. 7,868,880
`Petition for Inter Partes Review
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________________________________
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`SAMSUNG DISPLAY CO., LTD., SAMSUNG ELECTRONICS CO., LTD.,
`AND SAMSUNG ELECTRONICS AMERICA, INC.
`Petitioners
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`v.
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`SOLAS OLED LTD.
`Patent Owner.
`______________________________________________
`Case No. IPR2021-00591
`U.S. Patent No. 7,868,880
`______________________________________________
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`JOINT MOTION TO TERMINATE INTER PARTES REVIEW WITH
`RESPECT TO PETITIONER SAMSUNG DISPLAY ONLY
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`Petition for Inter Partes Review
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________________________________
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`
`
`
`SAMSUNG DISPLAY CO., LTD., SAMSUNG ELECTRONICS CO., LTD.,
`AND SAMSUNG ELECTRONICS AMERICA, INC.
`Petitioners
`
`v.
`
`SOLAS OLED LTD.
`Patent Owner.
`______________________________________________
`Case No. IPR2021-00591
`U.S. Patent No. 7,868,880
`______________________________________________
`
`
`JOINT MOTION TO TERMINATE INTER PARTES REVIEW WITH
`RESPECT TO PETITIONER SAMSUNG DISPLAY ONLY
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`U.S. Patent No. 7,868,880
`Petition for Inter Partes Review
`Patent Owner Solas Ltd. (“Solas”) and Petitioner Samsung Display Co., Ltd.
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`(“Samsung Display”) have reached a settlement. Pursuant to 35 U.S.C. § 317(a)
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`and 37 C.F.R. §§ 42.72 and 42.74, the parties jointly request termination of the
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`inter partes review of U.S. Patent No. 7,868,880 (“Patent-in-Suit”), Case IPR2020-
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`00591 with respect to Petitioner Samsung Display only. The settlement agreement
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`does not extend to Co-Petitioners Samsung Electronics Co., Ltd., and Samsung
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`Electronics America, Inc., (collectively, “Other Petitioners”). The Other
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`Petitioners do not oppose this motion, with the understanding that the inter partes
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`review will continue with respect to the Other Petitioners. The parties were
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`authorized to file this Joint Motion by the Board (via email) on April 4, 2022.
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`As required under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b), a true copy
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`of the settlement agreement that resolves the disputes in the above-captioned inter
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`partes review relating to the Patent-in-Suit as between Solas and Samsung Display
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`is filed herewith as an exhibit. There are no other collateral agreements between
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`the parties made in connection with, or in contemplation of, the termination sought.
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Solas and
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`Samsung Display are concurrently filing a Joint Request to Keep Separate, which
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`asks the Board to treat the settlement agreement as business confidential
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`information, and to keep it separate from the files of this proceeding and the files
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`of the Patent-in-Suit.
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`1
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`I.
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`U.S. Patent No. 7,868,880
`Petition for Inter Partes Review
`STATEMENT OF PRECISE RELIEF REQUESTED
`The parties jointly request that the Board terminate the inter partes review of
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`the Patent-in-Suit, Case IPR2020-00591, with respect to Petitioner Samsung
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`Display only.
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`II. TERMINATION WITH RESPECT TO SAMSUNG DISPLAY IS
`APPROPRIATE
`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under this
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`chapter shall be terminated with respect to any petitioner upon the joint request of
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`the petitioner and the patent owner, unless the Office has decided the merits of the
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`proceeding before the request for termination is filed.” This inter partes review is
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`still in its early stages. The Petition was filed on February 23, 2021, Petitioners
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`have not yet filed a reply, and the Board has not yet decided the merits of the
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`proceeding. Accordingly, the Board should terminate with proceeding with respect
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`to Samsung Display.
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`The lawsuits between Solas and Samsung Display have been dismissed, and
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`Solas and Samsung Display do not contemplate any litigation or proceeding
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`involving the Patent-in-Suit in the foreseeable future.
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`III. NO FUTURE PARTICIPATION BY SAMSUNG DISPLAY
`Samsung Display will not be participating further in this proceeding.
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`IV. CONCLUSION
`Solas and Samsung Display have settled all disputes relating to the Patent-
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`2
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`U.S. Patent No. 7,868,880
`Petition for Inter Partes Review
`in-Suit. That settlement does not extend to the Other Petitioners, but the Other
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`Petitioners do not oppose this motion with the understanding that this inter partes
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`review will continue with respect to the Other Petitioners. This inter partes review
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`is in an early stage, and the Board has not entered a final written decision on the
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`merits in this proceeding. Accordingly, the parties respectfully request that the
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`Board terminate this proceeding with respect to Samsung Display only.
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`Dated: April 8, 2022
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`Respectfully submitted,
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`/s/ Nicholas J. Whilt
`Nicholas J. Whilt (Reg. No. 72,081)
`Email: nwhilt@omm.com
`O’Melveny & Myers LLP
`300 South Hope Street, 18th Floor
`Los Angeles, California 90071
`Telephone: (213) 430-6000
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`Attorney for Petitioners
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`/s/ Neil A. Rubin
`Neil A. Rubin (Reg. No. 67,030)
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, CA 90025
`Telephone: 310-826-7474
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`Attorney for Patent Owner
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`3
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`U.S. Patent No. 7,868,880
`Petition for Inter Partes Review
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`CERTIFICATE OF SERVICE
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`The undersigned certifies to 37 C.F.R. §42.6(e) and §42.105 that the above
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`document was served on April 8, 2022 by filing this document through the Patent
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`Trial and Appeal Board End to End system as well as by delivering a copy via
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`electronic mail to the following attorneys of record for the Patent Owner:
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`.
`/s/ Nicholas J. Whilt
`Nicholas J. Whilt (Reg. No. 72,081)
`Email: nwhilt@omm.com
`O’Melveny & Myers LLP
`300 South Hope Street, 18th Floor
`Los Angeles, California 90071
`Telephone: (213) 430-6000
`Attorney for Petitioners
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`4
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