`571-272-7822
`
` Paper 8
` Entered: September 12, 2022
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FANTASIA TRADING LLC d/b/a/ ANKERDIRECT,
`Petitioner,
`
`v.
`
`SCRAMOGE TECHNOLOGY LTD.,
`Patent Owner.
`____________
`
`IPR2022-00499 (Patent 7,825,537 B2)
`IPR2022-00595 (Patent 10,193,392 B2)
`IPR2022-00609 (Patent 9,490,652 B2)1
`____________
`
`Before JAMESON LEE, KARL D. EASTHOM, BRIAN J. McNAMARA,
`KRISTINA M. KALAN, and MICHELLE N. WORMMEESTER,
`Administrative Patent Judges.2
`
`WORMMEESTER, Administrative Patent Judge.
`
`
`
`
`
`
`DECISION
`Settlement Prior to Institution of Trial
`37 C.F.R. § 42.74
`
`
`1 This Order addresses the same issue for the above-identified cases. We
`exercise our discretion to issue this Order to be filed in each case. The
`parties are not authorized to use this style heading in any subsequent papers.
`2 This is not an expanded panel. Judges Lee, Kalan, and Wormmeester are
`the panel in IPR2022-00499. Judges McNamara, Kalan, and Wormmeester
`are the panel in IPR2022-00595. Judges Easthom, McNamara, and Kalan
`are the panel in IPR2022-00609.
`
`
`
`
`
`IPR2022-00499 (Patent 7,825,537 B2)
`IPR2022-00595 (Patent 10,193,392 B2)
`IPR2022-00609 (Patent 9,490,652 B2)
`
`INTRODUCTION
`I.
`With the Board’s authorization (see Ex. 30013), Petitioner and Patent
`Owner (collectively, “the Parties”) filed a Joint Motion to Terminate
`Proceeding (Paper 6, “Joint Motion”) in each of the above-identified
`proceedings due to settlement. Along with the Joint Motion, the Parties
`filed, in each of the above-identified proceedings, a copy of their Settlement
`Agreement (Ex. 1020), as well as a Joint Request to File Settlement
`Agreement as Business Confidential Information (Paper 7, “Joint Request”)
`that requests the Board to treat the Settlement Agreement as business
`confidential information and to keep it separate from the publicly available
`files in the above-identified proceedings.
`II. DISCUSSION
`In the Joint Motion, the Parties represent that they have reached an
`agreement to jointly seek termination of the above-identified proceedings,
`that a true copy of the Settlement Agreement has been filed as an exhibit,
`and that there are no other collateral agreements or understandings. Joint
`Motion 3–4 (citing Ex. 1020). The Parties also represent that their
`Settlement Agreement resolves all their disputes relating to the above-
`identified patents. Joint Motion 4.
`The above-identified proceedings are at an early stage, and we have
`not yet decided whether to institute a trial in the above-identified
`proceedings. In view of the early stage of the above-identified proceedings,
`and the settlement between the Parties, we determine that good cause exists
`
`
`3 We cite to papers and exhibits filed in IPR2022-00499. Similar papers and
`exhibits were filed in the other identified proceedings.
`
`2
`
`
`
`IPR2022-00499 (Patent 7,825,537 B2)
`IPR2022-00595 (Patent 10,193,392 B2)
`IPR2022-00609 (Patent 9,490,652 B2)
`
`to dismiss the petitions and terminate the above-identified proceedings with
`respect to the Parties.
`In the Joint Request, the Parties requested that the Settlement
`Agreement be treated as business confidential information and be kept
`separate from the files of the above-identified patents. Joint Request 1.
`After reviewing the 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 as business confidential information pursuant to 35 U.S.C.
`§ 317(b) and 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, for the reasons discussed above, it is:
`ORDERED that the Joint Motion in each of the above-identified
`proceedings is granted;
`FURTHER ORDERED that the Petition in each proceeding is
`dismissed, and each of the above-identified proceedings is terminated; and
`FURTHER ORDERED that the Joint Request to File Settlement
`Agreement as Business Confidential Information in each of the above-
`identified proceedings is granted, and the Settlement Agreement shall be
`kept separate from the files of the above-identified patents, and made
`available only to Federal Government agencies on written request, or to any
`person on a showing of good cause, pursuant to 35 U.S.C. § 317(b) and 37
`C.F.R. § 42.74(c).
`
`3
`
`
`
`IPR2022-00499 (Patent 7,825,537 B2)
`IPR2022-00595 (Patent 10,193,392 B2)
`IPR2022-00609 (Patent 9,490,652 B2)
`
`
`PETITIONER:
`
`Michael T. Hawkins
`Nicholas Stephens
`Kim Leung
`Christopher Marchese
`FISH & RICHARDSON P.C.
`hawkins@fr.com
`nstephens@fr.com
`leung@fr.com
`marchese@fr.com
`
`
`PATENT OWNER:
`
`Brett Cooper
`Reza Mirzaie
`RUSS, AUGUST & KABAT
`bcooper@raklaw.com
`rmirzaie@raklaw.com
`
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
