`571-272-7822
`
`Paper 21
`Date: October 12, 2022
`
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`
`
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`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TRILLER, INC.,
`Petitioner,
`v.
`TIKTOK PTE. LTD.,
`Patent Owner.
`
`IPR2022-00179 (Patent 9,648,132 B2)
`IPR2022-00180 (Patent 9,992,322 B2)1
`
`Before JOHN D. HAMANN, MICHAEL T. CYGAN, and
`JULIET MITCHELL DIRBA, Administrative Patent Judges.
`HAMANN, Administrative Patent Judge.
`
`TERMINATION
`Due to Settlement After Institution of Trial
`35 U.S.C. § 317; 37 C.F.R. § 42.74
`
`
`
`
`
`
`
`
`1 The parties are not permitted to use this style unless authorized by the
`Board.
`
`
`
`
`
`IPR2022-00179 (Patent 9,648,132 B2)
`IPR2022-00180 (Patent 9,992,322 B2)
`INTRODUCTION
`I.
`With our prior authorization, Triller, Inc. (“Petitioner”) and TikTok
`
`Pte. Ltd. (“Patent Owner”) (collectively, “the Parties”) filed in each of the
`above listed proceedings a Joint Motion to Terminate. Paper 20
`(“Motion”).2 The Parties also filed in each proceeding a copy of a
`settlement agreement (Ex. 2007) and a Joint Request to File Settlement
`Agreement as Confidential Information. Paper 19 (“Request”).
`II. DISCUSSION
`The Motions state that “[t]he [P]arties have executed a settlement
`
`agreement that resolves all of their disputes concerning the” challenged
`patents, expressly including the above listed inter partes reviews. Motion 1.
`Each Motion further states that the Parties “represent that the document filed
`as Exhibit 2007 represents all agreements made in connection with, or in
`contemplation of, the termination of this proceeding,” and that Exhibit 2007
`is “a true and correct copy of th[e] settlement agreement.” Id. at 2. Each
`Motion further states that “both Petitioner and Patent Owner agree that this
`inter partes review should be terminated.” Id. at 1.
`Generally, the Board expects that a proceeding will terminate after the
`filing of a settlement agreement, unless the Board has already decided the
`merits of the proceeding. PTAB Consolidated Trial Practice Guide 86
`(November 2019).3 Here, although the Board has instituted inter partes
`reviews of the challenged patents, the Board has not decided the merits of
`these proceedings. Under these circumstances, we grant the Motions to
`Terminate the proceedings.
`
`2 The papers and the exhibit cited herein are substantively identical and have
`the same paper and exhibit numbers for both cases.
`3 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`
`2
`
`
`
`IPR2022-00179 (Patent 9,648,132 B2)
`IPR2022-00180 (Patent 9,992,322 B2)
`The Parties also “jointly request that Exhibit 2007 is treated as
`confidential business information, kept separate from the files of the
`involved patent[s], and made available only to Federal Government agencies
`on written request, or to any person on a showing of good cause.”
`Request 1–2. After reviewing the settlement agreement between the Parties,
`we find that the settlement agreement contains confidential business
`information regarding the terms of settlement. Thus, we determine that good
`cause exists to treat the settlement agreement (Exhibit 2007) between the
`Parties as business confidential information under 35 U.S.C. § 317(b) and
`37 C.F.R. § 42.74(c), to keep it separate from the files of the involved
`patents, and to limit its availability as requested by the Parties.
`III. ORDER
`In view of the foregoing, it is:
`ORDERED the Joint Motion to Terminate in each of the proceedings
`
`is granted, and IPR2022-00179 and IPR2022-00180 are terminated,
`pursuant to 35 U.S.C. § 317(a) and 37 C.F.R. § 42.72;
`
`FURTHER ORDERED that the Joint Request to File Settlement
`Agreement as Confidential Information in each of the proceedings is
`granted; and
`
`FURTHER ORDERED that the settlement agreement (Exhibit 2007)
`shall be kept separate from (i) the file of U.S. Patent No. 9,648,132 B2 and
`(ii) the file of U.S. Patent No. 9,992,322 B2, and will be made available only
`under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`
`
`
`3
`
`
`
`IPR2022-00179 (Patent 9,648,132 B2)
`IPR2022-00180 (Patent 9,992,322 B2)
`For PETITIONER:
`
`Chad E. Nydegger
`Brian N. Platt
`David R. Todd
`WORKMAN NYDEGGER
`cnydegger@wnlaw.com
`bplatt@wnlaw.com
`dtodd@wnlaw.com
`
`
`For PATENT OWNER:
`
`W. Karl Renner
`Dan Smith
`Patrick J. Bisenius
`Craig A. Deutsch
`Kim H. Leung
`FISH & RICHARDSON P.C
`Axf-ptab@fr.com
`dsmith@fr.com
`leung@fr.com
`bisenius@fr.com
`deutsch@fr.com
`
`
`4
`
`
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