`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FITBIT, INC.,
`Petitioner,
`
`v.
`
`LOGANTREE LP,
`Patent Owner.
`____________
`
`Case IPR2017-00256 (Patent 6,059,576)
`Case IPR2017-00258 (Patent 6,059,576)1
`
`____________
`
`
`
`Before PATRICK R. SCANLON, MITCHELL G. WEATHERLY, and
`JAMES A. WORTH, Administrative Patent Judges.
`
`SCANLON, Administrative Patent Judge.
`
`
`
`
`DECISION
`Dismissing the Petition
`37 C.F.R. §§ 42.5(a), 42.71(a)
`
`1 This Decision addresses issues pertaining to both cases. Thus, we exercise
`our discretion to issue a single decision to be filed in each case. The parties,
`however, are not authorized to use this style heading in subsequent papers.
`
`1
`
`APPLE 1011
`
`
`
`IPR2017-00256 (Patent 6,059,576)
`IPR2017-00258 (Patent 6,059,576)
`
`
`In each of the instant proceedings, on March 13, 2017, the parties
`
`filed a Joint Motion to Terminate Proceeding (Paper 6)2 and a Joint Request
`
`to Treat Agreement as Business Confidential Information Under 35 U.S.C.
`
`§ 317(b) and 37 C.F.R. § 42.74(c) (Paper 7). The Board authorized the
`
`filing of these papers via email on January 31, 2017. The Joint Motion to
`
`Terminate is accompanied by a copy of a settlement agreement between the
`
`parties. Exhibit 1024.
`
`The parties represent that Exhibit 1024 is a true copy of their
`
`agreement and that “[t]here are no other agreements, oral or written, between
`
`the parties made in connection with, or in contemplation of, the termination
`
`of [these proceedings].” Paper 6, 1. Further, the parties represent that, as
`
`part of the settlement agreement, the parties have agreed to dismiss, with
`
`prejudice, the related litigation in the Northern District of California
`
`(LoganTree LP v. FitBit, Inc., 3:16-cv-02443). Id. at 1–2.
`
`Each of these proceedings is still in a preliminary stage, and the Board
`
`has not yet determined whether to institute an inter partes review. Under
`
`these circumstances, we determine that it is appropriate to dismiss the
`
`Petitions. See 37 C.F.R. §§ 42.5(a), 42.71(a).
`
`This Decision does not constitute a final written decision pursuant to
`
`35 U.S.C. § 318(a).
`
`
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that the parties’ joint request that the settlement
`
`agreement in each of the instant proceedings be treated as business
`
`confidential information is granted;
`
`
`2 Citations are to IPR2017-00256, unless otherwise noted.
`
`
`
`2
`
`
`
`IPR2017-00256 (Patent 6,059,576)
`IPR2017-00258 (Patent 6,059,576)
`
`
`FURTHER ORDERED that the parties’ Joint Motion to Terminate
`
`each of the instant proceedings is granted; and
`
`FURTHER ORDERED that the Petition in each of the instant
`
`proceedings is dismissed.
`
`
`
`3
`
`
`
`IPR2017-00256 (Patent 6,059,576)
`IPR2017-00258 (Patent 6,059,576)
`
`PETITIONER:
`
`Andrew Ehmke
`Scott Jarratt
`HAYNES AND BOONE, LLP
`andy.ehmke.ipr@haynesboone.com
`scott.jarratt.ipr@haynesboone.com
`
`PATENT OWNER:
`
`William Mandir
`Chandran Iyer
`SUGHRUE MION PLLC
`wmandir@sughrue.com
`cbiyer@sughrue.com
`
`
`
`
`4
`
`
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