`571-272-7822
`
`Paper 7
`Entered: May 19, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG DISPLAY CO., LTD.,
`Petitioner,
`v.
`JOLED INC.,
`Patent Owner.
`
`IPR2021-00677
`Patent 10,198,992 B2
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, TERRENCE W. MCMILLIN, and
`KEVIN C. TROCK, Administrative Patent Judges.
`TROCK, Administrative Patent Judge.
`
`DECISION
`Settlement Prior to Institution of Trial
`37 C.F.R. § 42.74
`
`
`
`
`
`
`
`
`
`IPR2021-00677
`Patent 10,198,992 B2
`
`INTRODUCTION
`I.
`On April 30, 2021, pursuant to our e-mail authorization, Petitioner
`and Patent Owner (collectively, “the Parties”) filed a Joint Motion to
`Terminate the above-identified proceeding. Paper 6 (“Joint Motion”). In
`support of the Joint Motion, the Parties filed a copy of a Binding Term Sheet
`agreed upon by the Parties and settling their dispute in the above-identified
`proceeding. Ex. 1029 (“Settlement Agreement”). Additionally, the Joint
`Motion included a Joint Request to Treat Settlement Agreement as
`Confidential Business Information pursuant to § 37 C.F.R. § 42.74(c). Paper
`6, 4 (“Joint Request”).
`
`II. DISCUSSION
`In the Joint Motion, the Parties represent that they have reached an
`agreement to jointly seek termination of the above-identified inter partes
`review proceeding, that the filed copy of the Settlement Agreement is a true
`and correct copy, and that there are no other agreements or understandings
`between the parties made in connection with, or in contemplation of, the
`termination of this proceeding.1 Paper 6, 2–3.
`This proceeding is at an early stage, and we have not yet decided
`whether to institute a trial in the proceeding. In view of the early stage of
`the proceeding and the settlement between the Parties, we determine that
`good cause exists to terminate the proceeding with respect to the Parties.
`
`
`1 The Parties state that the Settlement Agreement “anticipates that the parties
`will subsequently enter into another agreement” but that “no such other
`agreement has been entered into as of this date.” Paper 6, 3. As such, the
`Parties represent that the Settlement Agreement “fully comprises the binding
`settlement agreement pursuant to which the parties are requesting
`termination.” Id.
`
`2
`
`
`
`IPR2021-00677
`Patent 10,198,992 B2
`The Parties also filed a Joint Request that the Settlement Agreement
`be treated as business confidential information and be kept separate from the
`file of the patent involved in this inter partes proceeding. Paper 6, 4. After
`reviewing the Settlement Agreement between Petitioner 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 between Petitioner and Patent
`Owner as business confidential information pursuant to 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
`In consideration of the foregoing, it is hereby:
`ORDERED that the Joint Motion to Terminate IPR2021-00677 is
`granted and the proceeding is terminated; and
`FURTHER ORDERED that the Joint Request to Treat the Settlement
`agreement as Business Confidential Information is granted, and the
`Settlement Agreement shall be kept separate from the files of Patent
`8,950,038 B2 and made available only to Federal Government agencies on
`written request, or to any person on a showing of good cause, pursuant to 37
`C.F.R. § 42.74(c).
`
`3
`
`
`
`IPR2021-00677
`Patent 10,198,992 B2
`FOR PETITIONER:
`
`David A. Garr
`Peter P. Chen
`Rajesh D. Paul
`COVINGTON & BURLING LLP
`dgarr@cov.com
`pchen@cov.com
`rpaul@cov.com
`
`
`FOR PATENT OWNER:
`
`Diek O. Van Nort
`Alex S. Yap
`Vincent J. Belusko
`MORRISON & FOERSTER LLP
`dvannort@mofo.com
`ayap@mofo.com
`vbelusko@mofo.com
`
`David L. Fehrman
`DSA LEGAL SOLUTIONS PC
`dfehrman@dsa-legal.com
`
`
`
`
`4
`
`
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