`Trials
`571-272-7822
`
`Paper 22
`Entered: July 21,2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERCIA, INC.,
`
`Petitioner,
`
`V.
`
`IMAGE PROCESSING TECHNOLOGIES LLC,
`
`Patent Owner.
`
`Case IPR2017-OO357
`
`Patent 8,989,445 B2
`
`Before JONI Y. CHANG, MICHAEL R. ZECHER, and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`ZECHER, Administrative Patent Judge.
`
`DECISION
`
`Granting Parties’ Joint Motion to Terminate Trial
`35 USC. § 317and 37 CFR. § 42.72
`
`
`
`IPR2017-00357
`
`Patent 8,989,445 B2
`
`1. DISCUSSION
`
`On July 20, 2017, the parties filed a Joint Motion to Terminate this
`
`proceeding (Paper 20), a true copy of the parties’ settlement agreement (Ex. 2004),
`
`and a request to treat the settlement agreement as business confidential information
`
`under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) (Paper 21).
`
`The trial is still in its preliminary stages. On May 25, 2017, we entered a
`
`decision instituting an inter partes review of claims 1, 4, 6, 9, 18, 24, 25, and 27 of
`
`US. Patent No. 8,989,445 B2 (Ex. 1001, “the ’445 patent”). Paper 16. Although
`
`we have instituted a trial, Patent Owner, Image Processing Technologies LLC, has
`
`not filed a response to the Petition, nor has Petitioner, Samsung Electronics
`
`Company, Ltd. and Samsung Electronics America, Inc., filed a reply.
`
`In the Joint Motion to Terminate this proceeding, the parties indicate that
`
`they have settled their dispute regarding the ’445 patent. Paper 20, 2. According
`
`to the parties, terminating this proceeding at this early juncture would promote
`
`efficiency, preserve Board resources, and minimize unnecessary costs. Id. We
`
`agree with the parties in this regard. Consequently, we determine that it is
`
`appropriate to terminate the trial without rendering any further decisions.
`
`See 37 C.F.R. § 42.72.
`
`In consideration of the foregoing, it is hereby:
`
`11. ORDER
`
`ORDERED that the parties’ request to treat the settlement agreement
`
`(Ex. 2004) as business confidential information under 35 U.S.C. § 317(b) and 37
`
`C.F.R. § 42.74(c) is GRANTED; and
`
`FURTHER ORDERED that the Joint Motion to Terminate this proceeding is
`
`GRANTED, and this proceeding is hereby terminated.
`
`
`
`IPR2017-OO357
`
`Patent 8,989,445 B2
`
`For PETITIONER:
`
`John Kappos
`Nicholas J. Whilt
`
`Brian M. Cook
`
`O’Melveny & Myers LLP
`jkappos@omm.com
`nwhilt@omm.com
`bcook@omm.com
`
`For PATENT OWNER:
`
`Chris Coulson
`
`Michael Zachary
`Mark Chapman
`Rose Cordero Prey
`Andrews Kurth Kenyon LLP
`Chris.Coulson@AndrewsKurthKenyon.com
`MichaelZacharngAndrewsKurthKenyon.com
`MarkChapman@AndrewsKurthKenyon.com
`RosePrengAndrewsKurthKenyon.com
`
`
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