`Tel: 571-272-7822
`
`
`Paper No. 25
`
`Entered: September 21, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`HEWLETT PACKARD ENTERPRISE CO.,
`ARUBA NETWORKS, LLC.,
`and APPLE INC.,
`Petitioner,
`
`v.
`
`
`
`BILLJCO, LLC,
`Patent Owner.
`_______________
`
`IPR2022-00426
`Patent 8,761,804 B2
`_______________
`
`Before THU A. DANG, LYNNE H. BROWNE, and GARTH D. BAER,
`Administrative Patent Judges.
`
`BAER, Administrative Patent Judge.
`
`
`
`TERMINATION
`Settlement as to Petitioners Hewlett Packard Enterprise Co. and
`Aruba Networks, LLC After Institution of Trial
`35 U.S.C. § 317; 37 C.F.R. § 42.74
`
`
`
`
`
`
`
`
`IPR2022-00426
`Patent 8,761,804 B2
`
`
`INTRODUCTION
`I.
`On September 16, 2022, with our authorization, Petitioners Hewlett
`Packard Enterprise Co. and Aruba Networks, LLC and Patent Owner
`BillJCo, LLC (“Patent Owner”) (collectively, “the Parties”) filed a Joint
`Motion to Terminate Inter Partes Review as to Petitioners Hewlett Packard
`Enterprise Co. and Aruba Networks, LLC and Treat the Settlement
`Agreement as Confidential. Paper 24 (“Joint Motion”). In support of the
`Joint Motion, the Parties filed a copy of a “CONFIDENTIAL
`SETTLEMENT AND LICENSE AGREEMENT.” Ex. 1029 (“Settlement
`Agreement”).
`
`II. DISCUSSION
`In the Joint Motion, the Parties represent that the Settlement
`Agreement resolves their disputes involving the patent at issue in this
`proceeding. Joint Motion 4. The Parties also represent that they have filed a
`true and accurate copy of the Settlement Agreement made in connection
`with, or in contemplation of, the termination of this proceeding. Id. at 5.
`The Settlement Agreement states that it “contains the entire and only
`understanding between the Parties and their Affiliates with respect to the
`subject matter hereof and supersedes any prior or collateral agreements,
`negotiations and communications in connection with the subject matter
`covered herein.” Settlement Agreement 11.
`We instituted trial for this proceeding (see Paper 16), but we have not
`yet decided the merits of this proceeding, and a final written decision has not
`been entered. Notwithstanding that this proceeding has moved beyond the
`preliminary stage, the Parties have shown adequately that the termination of
`this proceeding is appropriate. Under these circumstances, we determine
`
`2
`
`
`
`IPR2022-00426
`Patent 8,761,804 B2
`
`that good cause exists to terminate this proceeding with respect to Petitioners
`Hewlett Packard Enterprise Co. and Aruba Networks, LLC.
`The Parties also request that the Settlement Agreement be treated as
`business confidential information and kept separate from the file of the
`patent involved in this proceeding. Joint Motion 5. After reviewing the
`Settlement Agreement, we find that it contains confidential business
`information regarding the terms of settlement. Thus, good cause exists to
`treat the Settlement Agreement 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
`
`Accordingly, it is:
`ORDERED that the Joint Motion to Terminate Inter Partes Review as
`to Petitioners Hewlett Packard Enterprise Co. and Aruba Networks, LLC
`and Treat Settlement Agreement as Confidential (Paper 24) is granted;
`FURTHER ORDERED that IPR2022-00426 is terminated with
`respect to Petitioners Hewlett Packard Enterprise Co. and Aruba Networks,
`LLC; and
`FURTHER ORDERED that the Settlement Agreement (Ex. 1029)
`shall remain designated as “Parties and Board Only” in Board’s filing
`system, shall made available only to Federal Government agencies on
`written request, or to any person on a showing of good cause, and shall be
`kept separate from the files of the involved patents and associated
`preliminary proceedings, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74(c).
`
`3
`
`
`
`IPR2022-00426
`Patent 8,761,804 B2
`
`For PETITIONER:
`Elana B. Araj
`Andrew R. Sommer
`Rose Cordero Prey
`GREENBERG TRAURIG, LLP
`araje@gtlaw.com
`sommera@gtlaw.com
`preyr@gtlaw.com
`
`Jeffrey D. Blake
`Daniel W. McDonald
`MERCHANT & GOULD P.C.
`jblake@merchantgould.com
`dmcdonald@merchantgould.com
`
`Larissa S. Bifano
`Jonathan Hicks
`Zachary Conrad
`DLA PIPER, LLP
`larissa.bifano@dlapiper.com
`jonathan.hicks@dlapiper.com
`zack.conrad@dlapiper.com
`
`For PATENT OWNER:
`Brian Michalek
`Joseph Kuo
`Brian Landry
`SAUL EWING ARNSTEIN & LEHR LLP
`brian.michalek@saul.com
`joseph.kuo@saul.com
`brian.landry@saul.com
`
`4
`
`
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