`Trials@uspto.gov
`571-272-7822 Entered: February 8, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AVX CORPORATION,
`Petitioner,
`
`v.
`
`SAMSUNG ELECTRO-MECHANICS CO., LTD.,
`Patent Owner.
`____________
`
`Case PGR2017-00010
`Patent 9,326,381 B2
`____________
`
`
`
`Before SALLY C. MEDLEY, JONI Y. CHANG, and
`RAMA G. ELLURU, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`JUDGMENT
`Termination of the Proceeding
` 37 C.F.R. § 42.73
`
`
`
`On February 5, 2018, the parties filed a joint motion to terminate the
`proceeding, along with a true copy of their written settlement agreement,
`made in connection with the termination of the instant proceeding, in
`accordance with 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(b). Paper 23;
`Ex. 1029. The parties also request to have their agreement treated as
`
`
`
`PGR2017-00010
`Patent 9,326,381 B2
`
`confidential business information under 35 U.S.C. § 327(b) and 37 C.F.R.
`§ 42.74(c). Paper 24. The joint motion requests termination of the
`proceeding and further explains that there are no other proceedings or
`litigation involving U.S. Patent No. 9,326,381 B2. Id. at 2.
`On July 18, 2017, we instituted trial for this proceeding. At this
`juncture of the proceeding, the Board does not have before it full briefing on
`the trial issues and the Board has not entered a final decision.
`Based on the facts of this case, it is appropriate to enter judgment1
`without rendering a final written decision. See 35 U.S.C. § 327(a);
`37 C.F.R. § 42.72.
`It is
`ORDERED that the parties’ joint request that the agreement be treated
`as business confidential information, to be kept separate from the patent file
`is granted;
`FURTHER ORDERED that the joint motion to terminate the
`proceeding is granted; and
`FURTHER ORDERED that the proceeding is terminated.
`
`
`
`
`
`
`
`
`
`
`
`1 A judgment means a final written decision by the Board, or a termination
`of a proceeding. 37 C.F.R. § 42.2.
`
`
`2
`
`
`
`PGR2017-00010
`Patent 9,326,381 B2
`
`PETITIONER:
`Michael Houston
`Nicholas M. Lagerwall
`FOLEY & LARDNER LLP
`mhouston@foley.com
`nlagerwall@foley.com
`
`
`
`PATENT OWNER:
`Hosang Lee
`Alexander P. Ott
`MCDERMOTT WILL & EMERY
`hlee@mwe.com
`aott@mwe.com
`
`
`
`
`
`3
`
`