throbber
Trials@uspto.gov
`571-272-7822
`
`.
`
`Paper 19
`Entered: October 20, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLEINC.,
`Petitioner,
`
`V.
`
`LIMESTONE MEMORYSYSTEMS LLC,
`Patent Owner.
`
`Case IPR2016-01561
`Patent 6,233,181 Bl
`
`Before BARBARA A. PARVIS, ROBERT J. WEINSCHENK,and
`CHRISTA P. ZADO,Administrative Patent Judges.
`
`WEINSCHENK,Administrative Patent Judge.
`
`DECISION
`Termination of the Proceeding
`37 CFR. $$ 42.72 and 42.74
`
`

`

`IPR2016-01561
`Patent 6,233,181 Bl
`
`I.
`
`INTRODUCTION
`
`The parties filed a Joint Motion to Terminate Jnter Partes Review.
`
`Paper 17 (“Motion”or “Mot.’’). The parties also filed what they indicate is a
`
`true copy of a Settlement Agreement (“Agreement”). Ex. 1021. The parties
`identify the Agreementas business confidentialinformation and request that
`the Agreementbe kept separate from the patentfile. Paper 16 (“Joint
`
`Request”). For the reasons discussed below, the Motion and Joint Request
`
`are granted.
`
`Il.
`
`ANALYSIS
`
`Nooral hearing has occurred in this proceeding, and we have not
`
`madea decision on the merits. The parties indicate that, pursuant to the
`
`Agreement, they have resolved their dispute regarding U.S. Patent No.
`
`6,233,181 Bl. Mot. 2. Under these circumstances, we determinethatit is
`
`appropriate to terminate this proceeding. See 35 U.S.C. § 317(a); 37 C.F.R.
`
`§ 42.72, We also determinethat it is appropriate to treat the Agreementas
`
`business confidential information to be kept separate from the patentfile.
`
`See 35 U.S.C. § 317(b); 37 C.F.R. § 42.74(c).
`
`I. ORDER
`
`In consideration of the foregoing, it is hereby:
`
`ORDEREDthat the Joint Motion to Terminate Inter Partes Review is
`
`granted;
`
`FURTHER ORDEREDthatthis proceeding is terminated asto all
`
`parties; and
`
`FURTHER ORDEREDthat the Joint Request to treat the Settlement
`
`Agreement (Ex. 1021) as business confidential information to be kept
`
`separate from the patentfile is granted.
`
`

`

`IPR2016-01561
`Patent 6,233,181 Bl
`
`PETITIONER:
`
`John R. Hutchins
`Rose Cordero Prey
`Michael N. Zachary
`ANDREWS KURTH KENYON LLP
`jhutchins@kenyon.com
`
`PATENT OWNER:
`
`Nicholas T. Peters
`Paul B. Henkelmann
`David Gosse
`FITCH EVEN TABIN & FLANNERY LLP
`ntpete@fitcheven.com
`phenkelmann@fitcheven.com
`dgosse@fitcheven.com
`
`

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