`571-272-7822
`
`
`Paper No. 11
`Entered: April 4, 2022
`
`
`
`
`
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`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`v.
`TRAXCELL TECHNOLOGIES, LLC,
`Patent Owner.
`
`
`IPR2022-00073
`Patent 10,820,147 B2
`
`
`Before MIRIAM L. QUINN, PATRICK M. BOUCHER, and
`NORMAN H. BEAMER, Administrative Patent Judges.
`BEAMER, Administrative Patent Judge.
`
`
`
`DECISION
`Settlement Prior to Institution of Trial
`37 C.F.R. § 42.74
`
`
`
`
`
`
`
`IPR2022-00073
`Patent 10,820,147 B2
`
`
`INTRODUCTION
`I.
`On March 24, 2022, with authorization of the Board, the Parties filed
`a Joint Motion to Terminate the above-identified proceeding due to
`settlement. Paper 9 (“Joint Motion”). The Parties also filed a copy of a
`Confidential Settlement and License Agreement (“Settlement Agreement”)
`governing their settlement. Ex. 1021. The Parties filed a joint request that
`the Settlement Agreement be treated as business confidential information
`and kept separate from the publicly available file of the above-captioned
`proceeding. Paper 10 (“Joint Request”).
`
`II. DISCUSSION
`In the Joint Motion, the Parties represent that they have reached an
`agreement to jointly seek dismissal of the petition and termination of the
`above-identified inter partes review proceeding, and that the filed copy of
`the Settlement Agreement is “a true and accurate copy of the agreement
`between the parties that resolves the present proceeding.” Paper 9, 2. The
`Parties further represent that their Settlement Agreement resolves their
`dispute concerning the above-identified patent at issue. Id.
`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 it is
`appropriate to dismiss the petition and terminate the proceeding.
`Further, after reviewing the Parties’ Settlement Agreement, 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 the Parties as business confidential
`information and to keep the Settlement Agreement separate from the file of
`2
`
`
`
`
`
`IPR2022-00073
`Patent 10,820,147 B2
`
`the patent in the above-captioned proceeding 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
`
`Accordingly, it is:
`ORDERED that the Joint Motion to terminate the above-identified
`proceeding is granted, the petition is dismissed, and the proceeding is
`terminated; and
`
`FURTHER ORDERED that the Joint Request is granted and the
`Settlement Agreement shall be kept separate from the file of Patent
`10,820,147 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
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`
`
`IPR2022-00073
`Patent 10,820,147 B2
`
`PETITIONER:
`David O’Brien
`Dina Blikshteyn
`Andrew S. Ehmke
`HAYNES AND BOONE, LLP
`david.obrien.ipr@haynesboone.com
`dina.blikshteyn.ipr@haynesboone.com
`andy.ehmke.ipr@haynesboone.com
`
`
`PATENT OWNER:
`William P. Ramey, III
`Melissa D. Schwaller
`RAMEY AND SCHWALLER, LLP
`wramey@rameyfirm.com
`mschwaller@rameyfirm.com
`
`
`
`
`
`4
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`
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