`571-272-7822
`
`
`
`
`
`Paper 19
`Entered: April 20, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG DISPLAY CO., LTD.,
`SAMSUNG ELECTRONICS CO., LTD., AND
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`v.
`
`SOLAS OLED LTD.,
`Patent Owner.
`____________
`
`IPR2021-00591
`Patent 7,868,880 B2
`____________
`
`Before SALLY C. MEDLEY, JO-ANNE M. KOKOSKI, and
`JULIA HEANEY, Administrative Patent Judges.
`
`HEANEY, Administrative Patent Judge.
`
`
`TERMINATION
`Granting Joint Motion to Terminate Samsung Display Co., Ltd. as Petitioner
`Due to Settlement After Institution of Trial
`Granting Joint Request to Treat Settlement Agreement as
`Business Confidential Information
`35 U.S.C. § 317; 37 C.F.R. § 42.74
`
`
`
`
`
`
`IPR2021-00591
`Patent 7,868,880 B2
`
`
`INTRODUCTION
`I.
`With Board authorization, Samsung Display Co., Ltd. (“Samsung
`Display”) and Solas OLED Ltd. (“Patent Owner”) filed a Joint Motion to
`Terminate Samsung Display Co., Ltd. as a Petitioner in the above-identified
`proceeding (“Joint Motion”). Paper 16. Samsung Display and Patent Owner
`also filed a Patent License Agreement and Release Agreement (Exhibit
`1012, “Settlement Agreement”) and Joint Request to Keep Separate
`(Paper 18, “Joint Request”).
` II. DISCUSSION
`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
`this chapter shall be terminated with respect to any petitioner upon the joint
`request of the petitioner and the patent owner, unless the Office has decided
`the merits of the proceeding before the request for termination is filed.” It is
`also provided in 35 U.S.C. § 317(a) that if no petitioner remains in the inter
`partes review, the Office may terminate the review.
`In the Joint Motion, Samsung Display and Patent Owner represent
`that they have reached an agreement to jointly seek termination of Samsung
`Display as Petitioner in the above-identified proceeding, the filed copy of
`the Settlement Agreement is a true copy, and “[t]here are no other collateral
`agreements between the parties made in connection with, or in
`contemplation of, the termination sought.” Joint Motion 1. Further, the
`Settlement Agreement appears to be a complete agreement. See generally
`Settlement Agreement.
`We instituted trial in this proceeding on October 6, 2021. Paper 8.
`We have not yet decided the merits of the proceeding, and a final written
`decision has not been entered. Notwithstanding that the proceeding has
`
`
`
`2
`
`
`
`IPR2021-00591
`Patent 7,868,880 B2
`
`moved beyond the preliminary stage, Samsung Display and Patent Owner
`have shown adequately that termination of the proceeding is appropriate for
`Samsung Display. Under these circumstances, we determine that good
`cause exists to terminate the proceeding with respect to Samsung Display.
`Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. will
`remain as Petitioners in the above-identified proceeding.
`Samsung Display and Patent Owner also requested that the Settlement
`Agreement be treated as business confidential information and be kept
`separate from the file of Patent 7,868,880. Joint Request 1–2. After
`reviewing the Agreements between Samsung Display and Patent Owner, 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 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 is granted, and IPR2021-00591 is
`terminated with respect to Samsung Display , pursuant to 35 U.S.C. § 317(a)
`and 37 C.F.R. § 42.72;
`FURTHER ORDERED that Samsung Electronics Co., Ltd. and
`Samsung Electronics America, Inc. will remain as Petitioners in the above-
`identified proceeding, which will continue; and
`
`FURTHER ORDERED that the Joint Request is granted, and the
`Settlement Agreement shall be kept separate from the file of Patent
`
`
`
`3
`
`
`
`IPR2021-00591
`Patent 7,868,880 B2
`
`7,868,880, and made 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).
`
`For PETITIONER:
`Nicholas Whilt
`Ryan Yagura
`Brian Cook
`Ben Haber
`Mark Liang
`O’MELVENY & MYERS LLP
`nwhilt@omm.com
`ryagura@omm.com
`bcook@omm.com
`bhaber@omm.com
`mliang@omm.com
`
`For PATENT OWNER:
`Neil Rubin
`Philip Wang
`RUSS AUGUST & KABAT
`nrubin@raklaw.com
`pwang@raklaw.com
`
`
`
`
`
`4
`
`
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