`571.272.7822
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` Paper No. 11
` Entered: April 7, 2023
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`VOLKSWAGEN GROUP OF AMERICA, INC.,
`Petitioner,
`
`v.
`
`SCRAMOGE TECHNOLOGY LTD.,
`Patent Owner.
`____________
`
`IPR2022-01559
`Patent 7,825,537 B2
`____________
`
`
`Before JAMESON LEE, KRISTINA M. KALAN, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`WORMMEESTER, Administrative Patent Judge.
`
`
`DECISION
`Settlement Prior to Institution of Trial
`37 C.F.R. § 42.74
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`
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`IPR2022-01559
`Patent 7,825,537 B2
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`I.
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`INTRODUCTION
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`On April 5, 2023, the parties filed a joint motion to terminate the
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`above-identified proceeding pursuant to a settlement agreement. Paper 8
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`(Joint Motion to Terminate Proceeding). The parties also filed a copy of
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`their settlement agreement made in connection with the termination of the
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`instant proceeding. Ex. 1037. In a concurrently filed paper, the parties
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`jointly requested the settlement agreement to be treated as business
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`confidential and to be kept separate from the file of the involved patent
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`under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 9 (Joint Motion
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`to File Settlement Agreement as Business Confidential Information Pursuant
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`to 35 U.S.C. § 317(b)). We authorized the filing of these papers in an e-mail
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`dated April 4, 2023. Ex. 3001.
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`II. DISCUSSION
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`The instant proceeding is in an early stage, and the Board has not
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`determined whether to institute trial. The parties represent that Exhibit 1037
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`is “a true copy” of their settlement agreement, and that the settlement
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`agreement “resolves all underlying disputes between the parties, including
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`this proceeding.” Paper 8, 1. The parties further represent that “there are no
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`collateral agreements or understandings made in connection with or in
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`contemplation of terminating this proceeding.” Id. In view of the foregoing,
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`we determine that it is appropriate to dismiss the Petition and terminate the
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`proceeding.
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`Further, after reviewing the parties’ settlement agreement, we find
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`that the settlement agreement contains confidential business information
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`regarding the terms of settlement. We determine that good cause exists to
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`treat the settlement agreement as business confidential information and to
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`2
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`IPR2022-01559
`Patent 7,825,537 B2
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`keep it separate from the file of the patent in the above-identified proceeding
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`pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
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`This Order does not constitute a final written decision under 35 U.S.C.
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`§ 318(a).
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`III. ORDER
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`Accordingly, it is:
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`ORDERED that the Joint Motion to Terminate Proceeding is granted,
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`the Petition is dismissed, and the proceeding is terminated; and
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`FURTHER ORDERED that the Joint Motion to File Settlement
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`Agreement as Business Confidential Information is granted, and the
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`settlement agreement shall be treated as business confidential information,
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`kept separate from the file of the above-identified patent, and made available
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`only to Federal Government agencies on written request, or to any person on
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`a showing of good cause, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
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`§ 42.74(c).
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`3
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`IPR2022-01559
`Patent 7,825,537 B2
`
`For PETITIONER:
`
`Elliot Cook
`Luke MacDonald
`FINNEGAN, HENDERSON, FARABOW, GARRETT, & DUNNER, LLP
`elliot.cook@finnegan.com
`luke.macdonald@finnegan.com
`
`
`For PATENT OWNER:
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`Brett Cooper
`BC LAW GROUP, P.C.
`bcooper@bc-lawgroup.com
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`Robert A. Auchter
`AUCHTER PLLC
`robert@auchterlaw.com
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`4
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