`571-272-7822
`
`
`
`Paper 15
`Entered: October 15, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`CLOUDFLARE, INC. AND SONICWALL INC.,
`Petitioner,
`v.
`SABLE NETWORKS, INC.,
`Patent Owner.
`_______________
`
`IPR2021-00909 (Patent 8,243,593 B2)
`IPR2021-00969 (Patent 6,977,932 B1)
` IPR2021-01005 (Patent 7,012,919 B1)1
`_______________
`
`
`Before KRISTEN L. DROESCH, STACEY G. WHITE, GARTH D. BAER,
`SCOTT B. HOWARD, and JULIET MITCHELL DIRBA, Administrative
`Patent Judges.2
`
`DIRBA, Administrative Patent Judge.
`
`
`ORDER
`Settlement as to SonicWall Inc.
`Granting Request to Keep Agreement Confidential
`37 C.F.R. § 42.74
`
`
`
`1 We exercise our discretion to issue a single Order in each of these cases.
`The parties may not use this caption without Board authorization.
`2 This is not an expanded panel of the Board; rather, the five judges are
`paneled in various groups of three in the subject cases.
`
`
`
`IPR2021-00909 (Patent 8,243,593 B2)
`IPR2021-00969 (Patent 6,977,932 B1)
`IPR2021-01005 (Patent 7,012,919 B1)
`
`
`On October 1, 2021, with our authorization, Petitioner SonicWall Inc.
`(“SonicWall”) and Patent Owner Sable Networks, Inc. (“Sable Networks”)
`filed in each of the above listed proceedings a Joint Motion to Terminate as
`to SonicWall Inc. Paper 13 (“Joint Motion”), 1.3 In each proceeding,
`SonicWall and Sable Networks also filed a confidential Settlement
`Agreement (Ex. 2100) and a Joint Request to Treat the Settlement
`Information as Business Confidential Information (Paper 14 (“Joint
`Request”)). The other Petitioner in this proceeding, Cloudflare, Inc., did not
`join the papers, but SonicWall and Sable Networks represent that
`Cloudflare, Inc. does not oppose the Joint Requests. Id. at 1.
`In each Joint Motion, SonicWall and Sable Networks represent that
`they have settled their dispute relating to the challenged patents. Paper 13,
`1. They further state that the Settlement Agreement (Ex. 2100) is a true and
`correct copy of their agreement resolving these disputes (Paper 13, 1, 4), and
`they “certify that there are no other collateral agreements or understandings
`made in connection with, or in contemplation of, the termination of this inter
`partes review” (id. at 5).
`The above-identified proceedings are at an early stage, and we have
`not yet decided whether to institute a trial in any of these proceedings. In
`view of the early stage of these proceedings and the settlement between the
`parties, we determine that good cause exists to terminate these proceedings.
`Therefore, we grant the Joint Motion filed in each proceeding.
`
`3 For purposes of expediency, we cite to papers and exhibits filed in
`IPR2021-00909. SonicWall and Sable Networks submitted similar papers
`and exhibits in IPR2021-00969 (Papers 13, 14; Exhibit 2100) and IPR2021-
`01005 (Paper 12, 13; Exhibit 2100).
`
` 2
`
`
`
`
`
`
`
`IPR2021-00909 (Patent 8,243,593 B2)
`IPR2021-00969 (Patent 6,977,932 B1)
`IPR2021-01005 (Patent 7,012,919 B1)
`
`
`Moreover, we have reviewed the Settlement Agreement (Ex. 2100),
`and find it contains confidential business information regarding the terms of
`the agreement between SonicWall and Sable Networks. We determine that
`good cause exists to treat the Settlement Agreement as business confidential
`information pursuant to 37 C.F.R. § 42.74(c).
`Cloudflare, Inc., the other Petitioner, is not a party to the Settlement
`Agreement and did not join the Joint Motion. Accordingly, these
`proceedings between Cloudflare, Inc., and Sable Networks remain pending.
`
`ORDER
`
`Accordingly, it is:
`ORDERED that each Joint Motion to Terminate as to SonicWall Inc.
`(IPR2021-00990, Paper 13; IPR2021-00969, Paper 13; IPR2021-01005,
`Paper 12) is granted;
`FURTHER ORDERED that each Joint Request (IPR2021-00990,
`Paper 14; IPR2021-00969, Paper 14; IPR2021-01005, Paper 13) is granted;
`and
`
`FURTHER ORDERED that the Settlement Agreement (Ex. 2100)
`shall be kept separate from the files of the involved patents (U.S. Patent No.
`8,243,593, U.S. Patent No. 6,977,932, and U.S. Patent No. 7,012,919) 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);
`and
`
`FURTHER ORDERED that the caption in each of these proceedings
`for all further submissions shall be changed to remove SonicWall as a
`named petitioner.
`
`
` 3
`
`
`
`
`
`
`
`IPR2021-00909 (Patent 8,243,593 B2)
`IPR2021-00969 (Patent 6,977,932 B1)
`IPR2021-01005 (Patent 7,012,919 B1)
`
`PETITIONER:
`
`James Day
`Daniel Callaway
`Winston Liaw
`FARELLA BRAUN + MARTEL LLP
`jday@fbm.com
`dcallaway@fbm.com
`wliaw@fbm.com
`
`David Dotson
`DUANE MORRIS, LLP
`dcdotson@duanemorris.com
`
`PATENT OWNER:
`
`Kenneth Weatherwax
`Parham Hendifar
`Patrick Maloney
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`maloney@lowensteinweatherwax.com
`
` 4
`
`
`
`
`
`
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