`571-272-7822
`
`Paper 24
`Date: July 31, 2024
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`EBAY,INC.,!
`Petitioner,
`
`V.
`
`LEXOS MEDIAIP, LLC,
`Patent Owner.
`
`IPR2023-01001
`Patent 6,118,449
`
`
`Before PHILLIP J. KAUFFMAN, JEFFREY S. SMITH,and
`SHARON FENICK, Administrative Patent Judges.
`
`FENICK, Administrative Patent Judge.
`
`TERMINATION
`Dueto Settlement After Institution of Trial
`35 US.C. § 317; 37 CFR. $ 42.74
`
`' The Board joined eBay,Inc. as a party (Petitioner) to this proceeding in
`IPR2024-00337. Original Petitioner Amazon.com, Inc. has been terminated
`in this proceeding.
`
`
`
`IPR2023-01001
`Patent 6,118,449
`
`I.
`
`INTRODUCTION
`
`With Board authorization, Petitioner eBay,Inc. (‘Petitioner’) and
`
`Lexos Media IP, LLC. (“Patent Owner’) filed a Joint Motion to Terminate.
`
`Paper 23 (“Joint Motion”). Petitioner and Patent Owneralso filed copies of
`
`the confidential settlement-related agreements (Exs. 2023, 2024 (“Settlement
`
`Agreements”)) and included in the Joint Motion a request to treat these
`
`documents as business confidential information and to keep them separate
`
`from the underlying patentfile, as per 35 U.S.C. § 317(b) and 37 C.F.R.
`
`§ 42.74 (c).
`
`Il.
`
`DISCUSSION
`
`In the Joint Motion, Petitioner and Patent Ownerjointly move the
`
`Board to terminate the [PR2023-01001 proceeding pursuant to a Release
`
`Agreement reached between Petitioner and Patent Ownersettling the
`
`underlying patentlitigation involving, inter alia, U.S. Patent No. 6,118,449,
`
`whichis the subject of this proceeding. Joint Motion 1. They represent that
`
`“To|n July 17, 2024, [Petitioner] and Patent Owner entered into the Release
`
`Agreement pursuant to which they agreed, among other things, to dismiss
`
`with prejudice the Lexos Litigation, including the allegations regarding the
`
`Patents, and to seek termination of the IPR Proceedings.” /d. at 3-4. They
`
`additionally certify that Exhibit 2023 1s a copy of the confidential Release
`
`Agreement entered into between them and that “[t]here are no other
`
`agreements, oral or written, between Patent Ownerand [Petitioner] made in
`
`connection with, or in contemplation of, the termination of the IPR
`
`Proceedings.” /d.at 1.
`
`
`
`IPR2023-01001
`Patent 6,118,449
`
`Weinstituted trial in this proceeding on December 12, 2023. Paper 9.
`
`Thetrial is still in an early stage. Petitioner and Patent Owner have shown
`
`adequately that termination of this proceeding is appropriate. Under these
`
`circumstances, we determinethat good cause exists to terminate the
`
`proceeding with respect to Petitioner and Patent Owner.
`
`In the Joint Motion, Petitioner and Patent Owneralso include a
`
`request that the Release Agreement (Ex. 2023) be treated as business
`
`confidential information and be kept separate from the file of the patent
`
`involved in this proceeding. Joint Motion 1-2. Asthefiling party for
`
`confidential Exhibit 2024, Patent Owner represents that it is “a confidential
`
`collateral agreement ((RPX Agreement’) in connection with, or in
`
`contemplation of, the requested termination which is not between
`
`[Petitioner] and the Patent Owner.” /d. at 2. Patent Owner“requests that the
`
`Boardtreat the attached RPX Agreementas business confidential
`
`information and that it be kept separate from the underlying patentfile, as
`
`provided under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).” Jd. According
`
`to the Joint Motion, “Petitioner takes no position asit relates to Patent
`
`Owner’s request relating to the RPX Agreement.” /d.
`
`After reviewing each of the Settlement Agreements, wefind that the
`
`Settlement Agreements contain confidential business information regarding
`
`the terms of settlement. We determine that good cause exists to treat the
`
`Settlement Agreements as business confidential information pursuant to 35
`
`U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) and keep them separate from the
`
`files of the challenged patent.
`
`
`
`IPR2023-01001
`Patent 6,118,449
`
`This Order does not constitute a final written decision pursuantto
`
`35 U.S.C. § 318(a).
`
`IN.
`
`ORDER
`
`Accordingly, it is
`
`ORDEREDthat the Joint Motion is granted, and this proceeding is
`
`terminated with respect to Petitioner and Patent Owner pursuant to 35
`
`U.S.C. § 317(a) and 37 C.F.R. § 42.72; and
`
`FURTHER ORDEREDthat Exhibit 2023 and Exhibit 2024 shall be
`
`kept separate from the file of Patent 6,118,449, and made available only to
`
`Federal Governmentagencies 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).
`
`
`
`IPR2023-01001
`Patent 6,118,449
`
`FOR PETITIONER:
`
`Heath Briggs
`Joshua Raskin
`Brian Prew
`Vimal Kapadia
`Kathryn Albanese
`GREENBERG TRAURIG, LLP
`briggsh@gtlaw.com
`raskinj@gtlaw.com
`prewb@gtlaw.com
`kapadiav@gtlaw.com
`albanesek@gtlaw.com
`
`FOR PATENT OWNER:
`
`Sandeep Seth
`SETHLAW PLLC
`ss@sethlaw.com
`
`Michael Doell
`BUETHER JOE & COUNSELORS, LLC
`mike.doell@bjciplaw.com
`
`
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