Trials@uspto.gov
`571.272.7822
`
`
` Paper No. 17
` Entered: June 26, 2023
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SONY GROUP CORP. (JAPAN), SONY CORP. OF AMERICA, SONY
`INTERACTIVE ENTERTAINMENT LLC, SONY PICTURES
`ENTERTAINMENT INC., SONY ELECTRONICS INC., and VERANCE
`CORP.,
`Petitioner,
`
`v.
`
`MZ AUDIO SCIENCES, LLC,
`Patent Owner.
`____________
`
`IPR2022-01544
`Patent 7,289,961 B2
`____________
`
`
`Before KARL D. EASTHOM, DAVID C. MCKONE, and
`IFTIKHAR AHMED, Administrative Patent Judges.
`
`EASTHOM, Administrative Patent Judge.
`
`
`ORDER
`Settlement as to Petitioner Sony Group Corp. (Japan), Sony Corp. of
`America, Sony Interactive Entertainment LLC,
`Sony Pictures Entertainment Inc., Sony Electronics Inc.
` 35 U.S.C. § 317; 37 C.F.R. § 42.74
`
`INTRODUCTION
`I.
`With Board authorization via email (May 4, 2023), Sony Group Corp.
`(Japan), Sony Corp. of America, Sony Interactive Entertainment LLC, Sony
`
`
`
`
`571.272.7822
`
`
` Paper No. 17
` Entered: June 26, 2023
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SONY GROUP CORP. (JAPAN), SONY CORP. OF AMERICA, SONY
`INTERACTIVE ENTERTAINMENT LLC, SONY PICTURES
`ENTERTAINMENT INC., SONY ELECTRONICS INC., and VERANCE
`CORP.,
`Petitioner,
`
`v.
`
`MZ AUDIO SCIENCES, LLC,
`Patent Owner.
`____________
`
`IPR2022-01544
`Patent 7,289,961 B2
`____________
`
`
`Before KARL D. EASTHOM, DAVID C. MCKONE, and
`IFTIKHAR AHMED, Administrative Patent Judges.
`
`EASTHOM, Administrative Patent Judge.
`
`
`ORDER
`Settlement as to Petitioner Sony Group Corp. (Japan), Sony Corp. of
`America, Sony Interactive Entertainment LLC,
`Sony Pictures Entertainment Inc., Sony Electronics Inc.
` 35 U.S.C. § 317; 37 C.F.R. § 42.74
`
`INTRODUCTION
`I.
`With Board authorization via email (May 4, 2023), Sony Group Corp.
`(Japan), Sony Corp. of America, Sony Interactive Entertainment LLC, Sony
`
`
`
`
`
`IPR2022-01544
`Patent 7,289,961 B2
`Pictures Entertainment Inc., and Sony Electronics Inc., (collectively
`“Petitioner Sony”), and MZ Audio Sciences, LLC (“Patent Owner”) filed a
`Joint Motion to Terminate Petitioner Sony pursuant to a settlement. Paper
`14 (“Joint Motion”). Petitioner Sony and Patent Owner also filed a copy of
`their Settlement Agreement (Ex. 1058) and a Joint Request that Settlement
`Agreement Be Treated as Business Confidential Information and Kept
`Separate Under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 15
`(“Joint Request”).
`
`II. DISCUSSION
`In the Joint Motion, Petitioner Sony and Patent Owner represent that
`they have reached a settlement agreement and jointly seek termination of
`Petitioner Sony in the trial, 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 1–3. Petitioner Sony and Patent Owner also
`represent that the Settlement Agreement resolves all their disputes relating to
`the above-identified patent. Id. at 2.
`A final written decision has not been entered in this proceeding.
`Petitioner Sony and Patent Owner have shown that termination of Petitioner
`Sony as a petitioner in the above-identified proceedings is appropriate.
`Under these circumstances we determine that good cause exists to terminate
`the trial only as to Petitioner Sony. Verance Corp. remains as Petitioner in
`this trial.
`In the Joint Request, Petitioner Sony and Patent Owner request that
`the Settlement Agreement be treated as business confidential information
`and be kept separate from the files of the above-identified patent. Joint
`Request 1. After reviewing the Settlement Agreement between Petitioner
`Sony and Patent Owner, we find that the Settlement Agreement contains
`
`2
`
`
`
`IPR2022-01544
`Patent 7,289,961 B2
`confidential business information regarding the terms of settlement. We
`determine that good cause exists to treat the Settlement Agreement between
`Petitioner Sony and Patent Owner 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 with respect to Petitioner Sony in
`the above-identified proceeding is granted;
`FURTHER ORDERED that the trial is terminated only with respect to
`Petitioner Sony;
`FURTHER ORDERED that Verance Corp. remains as Petitioner in
`the trial;
`FURTHER ORDERED that the Joint Request is granted, and the
`Settlement Agreement shall be kept separate from the files of the above-
`identified patent, 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); and
`FURTHER ORDERED that the caption for this trial is as set forth in
`the attached Exhibit, and the remaining parties shall use this caption in all
`further filings for this trial.
`
`3
`
`
`
`IPR2022-01544
`Patent 7,289,961 B2
`PETITIONER:
`
`Richard Giunta
`Michael Rader
`Babak Tehranchi
`Thomas Millikan
`Thomas Franklin
`rgiunta-ptab@wolfgreenfield.com
`mrader-ptab@wolfgreenfield.com
`tehranchi-ptab@perkinscoie.com
`millikan-ptab@perkinscoie.com
`tfranklin-ptab@wolfgreenfield.com
`
`
`PATENT OWNER:
`Sarah Spires
`Steven Hartsell
`sspires@skiermontderby.com
`shartsell@skiermontderby.com
`
`
`4
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT: Sample Case Caption
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`VERANCE CORP.,
`Petitioner,1
`
`v.
`
`MZ AUDIO SCIENCES, LLC,
`Patent Owner.
`____________
`
`IPR2022-01544
`Patent 7,289,961 B2
`____________
`
`
`
`1 The caption is updated to remove Sony Group Corp. (Japan), Sony Corp.
`of America, Sony Interactive Entertainment LLC, Sony Pictures
`Entertainment Inc., and Sony Electronics Inc., (collectively “Sony”),
`because Sony is no longer a party to this proceeding. See Paper 16. The
`parties shall use this caption (without this footnote) going forward.
`
`
`
`
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