`571-272-7822
`
`
`
`
`Paper 8
`Entered: October 19, 2023
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMERICAN AIRLINES, INC.,
`Petitioner,
`
`v.
`
`ADVANCED TRANSACTION, LLC,
`Patent Owner.
`____________
`
`IPR2023-01366
`Patent 7,065,555 B2
`____________
`
`Before MELISSA A. HAAPALA, Vice Chief Administrative Patent Judge,
`MIRIAM L. QUINN, and DEVON ZASTROW NEWMAN,
`Administrative Patent Judges.
`
`NEWMAN, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Joint Motion to Terminate Proceeding Due to
`Settlement before Institution and
`Granting Joint Request to Treat Agreement as
`Business Confidential Information
`37 C.F.R. § 42.74
`
`
`
`
`
`
`
`
`
`IPR2023-01366
`Patent 7,065,555 B2
`
`
`INTRODUCTION
`I.
`Petitioner and Patent Owner (collectively “the Parties”) have
`requested that the above-identified inter partes review proceeding be
`terminated pursuant to a settlement. On October 11, 2023, the Parties filed a
`Joint Motion to Terminate Proceeding in the above-identified proceeding
`(“Motion”). Paper 6. The Parties previously sought authorization to file the
`Motion and received that authorization via email on October 11, 2023.
`Motion 1. The Parties also filed a copy of a settlement and license
`agreement (Ex. 1012, “Agreement”) and filed a Joint Request to Maintain
`Confidentiality and to Keep Separate (Paper 7, “Request”).
`II. DISCUSSION
`In the Motion, the Parties represent that they have reached an
`agreement that settles all disputes between them regarding Patent 7,065,555,
`that the filed copy of the Agreement is “a true, written copy,” and “that there
`are no other agreements, or understandings, oral or written, between them,
`including any collateral agreements, made in connection with, or in
`contemplation of, the termination of this proceeding as set forth in 35 U.S.C.
`§ 317(b).” Motion 1.
`We have not yet instituted a trial on the above-identified proceeding,
`nor have we decided the merits of the proceeding or entered a final written
`decision. Under these circumstances and in view of the settlement between
`the Parties, we determine that good cause exists to terminate the proceeding.
`The Parties also requested that the Agreement be treated as business
`confidential information and be kept separate from the files of Patent
`7,065,555. Request 1. After reviewing the Agreement, we find that the
`Agreement contains confidential business information regarding the terms of
`
`
`
`2
`
`
`
`IPR2023-01366
`Patent 7,065,555 B2
`
`settlement and licensing of Patent 7,065,555. We determine that good cause
`exists to treat the Agreement between the Parties 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 is granted, and IPR2023-01366 is
`terminated with respect to Petitioner and Patent Owner; and
`
`FURTHER ORDERED that the Joint Request is granted, and the
`Agreement shall be kept separate from the file of Patent 7,065,555 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
`
`
`
`IPR2023-01366
`Patent 7,065,555 B2
`
`For PETITIONER:
`John Campbell
`George Fishback
`McKOOL SMITH, P.C.
`jcampbell@mckoolsmith.com
`gfishback@mckoolsmith.com
`
`For PATENT OWNER:
`Tedd Van Buskirk
`Chandran Iyer
`DAIGNAULT IYER LLP
`tvanbuskirk@daignaultiyer.com
`cbiyer@daignaultiyer.com
`
`
`
`
`
`4
`
`
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