`Tel: 571-272-7822
`
`Paper 25
`Entered: April 26, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GOOGLEINC.,
`Petitioner,
`
`Vv.
`
`SMARTFLASH LLC,
`Patent Owner.
`
`CBM2015-00129
`Patent 7,942,317 R2
`
`Before JENNIFERS. BISK, RAMA G. ELLURU,
`JEREMY M. PLENZLER, and MATTHEW R. CLEMENTS,
`Administrative Patent Judges.
`
`ELLURU,Administrative Patent Judge.
`
`DECISION
`Motion to Terminate
`37 CFR. § 42.72
`
`
`
`CBM2015-00129
`Patent 7,942,317 B2
`On November 23, 2015, we instituted a transitional covered business
`
`method patent review (Paper8,“Institution Decision”or “Inst. Dec.”) based
`
`upon Petitioner Google Inc.’s (“Google”) assertion that claims 7 and 12
`
`(“the challenged claims”) of U.S. Patent No. 7,942,317 (‘the ’317 patent”)
`
`are directed to patent ineligible subject mattcr under 35 U.S.C. § 101. Inst.
`
`Dec. 22.
`
`On April 15, 2016, Patent Owner Smartflash LLC (“Smartflash”)filed
`
`an authorized motion to terminate this praceeding a3 moult. Paper 22, 1.
`
`Google does not oppose the motion to terminate. Paper 23.
`
`As Smartflash’s motion relates, by Final Written Decision in
`
`CBM2014-00112, we determined that claims 7 and 12, among otherclaims,
`
`of the °317 patent are unpatentable under 35 U.S.C. § 103. Apple Inc. v.
`
`Smartflash LLC, Case CBM2014-00112, Paper 48 at 29 (PTAB September
`
`25,2015) Smartflash states that “[o]n March 4, 2016, pursuant to Fed. R.
`
`App. P. 42(b), the United States Court of Appeals for the Federal Circuit
`dismissed Smartflash LLC’s appeal of the Board’s decision in CBM2014-
`00112 that claims 7 and 12 of the ’317 Patent are unpatentable.” Paper 22,
`
`1; see Exhibit 2117.
`
`Weare persuadedthat the particular facts of this proceeding now
`
`counsel termination. 37 C.F.R. § 42.72. Claims 7 and 12 of the ’317 patent
`
`have beenfinally cancelled and any decision we might reachinthis
`
`proceeding regarding the patentability of these claims would be moot and
`
`purely advisory. We do not see how thejust, speedy, and inexpensive
`
`resolution of every proceeding (37 C.F.R. § 42.1(b)) would be secured by
`
`rendering a final written decision in this case.
`
`
`
`CBM2015-00129
`Patent 7,942,317 B2
`
`Accordingly it is
`
`ORDER
`
`ORDEREDthat Smartflash’s motion to terminate this proceeding is
`
`granted; and
`
`FURTHER ORDEREDthat CBM2015-00129 is terminated.
`
`
`
`CBM2015-00129
`Patent 7,942,317 B2
`
`PETITIONER:
`
`Andrew M. Holmes
`Raymond N. Nimrod
`QUINN EMANUEL URQUHART& SULLIVAN,
`LLP raynimrod@quinnemanuel.com
`QE-SF-PTAB-Service@quinnemanuel.com
`
`PATENT OWNER:
`
`Michael R. Casey
`WayneM.Helge
`J. Scott Davidson
`DAVIDSON BERQUIST JACKSON & GOWDEY LLP
`mcasey@dbjg.com
`whelge@davidsonberquist.com
`isd@dbjg.com
`
`
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