`571-272-7822
`
`Paper 38
`Entered: August 3, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`NVIDIA CORPORATION,
`Petitioner,
`
`V.
`
`SAMSUNG ELECTRONICSCO., LTD.,
`Patent Owner.
`
`Cases!
`IPR2015-01062 (Patent 7,056,776 B2)
`IPR2015-01065 (Patent 6,147,385)
`IPR2015-01068 (Patent 7,804,734 B2)
`
`Before KEVIN F. TURNER, BEVERLY M. BUNTING,and
`JON B. TORNQUIST,Administrative Patent Judges.
`
`BUNTING,Administrative Patent Judge.
`
`JUDGMENT
`Termination of Proceedings
`35 U.S.C. § 317(a) and 37 C.F.R. § 42.72
`
`' This Judgment addressesissues that are identical in each case. We
`exercise our discretion to issue one Judgmentto befiled in each case. The
`parties are not authorizedto use this style heading for any subsequent
`papers.
`
`
`
`IPR2015-01062 (7,056,776 B2)
`IPR2015-01065 (6,147,385)
`IPR2015-01068 (7,804,734 B2)
`
`On July 14, 2016, NVIDIA Corporation and SamsungElectronics
`
`Co., Ltd. (collectively referred to as “the parties”) filed a joint motion to
`
`terminate each ofthese proceedings pursuant to a settlement agreement.
`Paper 30.* Theparties alsofiled true copies oftheir written Memorandum
`
`of Understanding Regarding Settlement Agreement (Ex. 1027) and
`
`Settlement Agreement (Ex. 1028), both made in connection with the
`
`termination of these proceedings, in accordance with 35 U.S.C. § 317(b) and
`
`37 C.E.R. § 42.72. Additionally, the parties submitted a joint request to
`
`have both their Memorandum of Understanding Regarding Settlement
`
`Agreement, and Settlement Agreement, treated as confidential business
`information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).3- Paper 30.
`Theparties submit that termination is appropriate because the parties
`havesettled their dispute and have reached agreement to terminate these
`inter partes reviews. Paper 30, 1. The parties representthat this settlement
`agreement endsall disputes as to these patents betweenthe parties, including
`pending lawsuits and ITC investigations, which were either dismissed with
`
`prejudice or terminated. Jd.
`
`The Boardis not a party to the settlement, and may identify
`
`independently any question of patentability. 37 C.F.R. § 42.74(a).
`Generally, however, the Board expects that a proceeding will terminate after
`
`the filing of a settlement agreement. See, e.g., Office Patent Trial Practice
`
`2 Paper and exhibit numbersrefer to IPR2015-01062.
`3 Wenote that certain documents contain confidential information. Pursuant
`to 37 C.F.R. § 42.56,the parties may file a motion to expungethis
`information. Such motion will be due within 10 business daysofthis
`Judgment, otherwise the documents will be made public in due course.
`
`2
`
`
`
`IPR2015-01062 (7,056,776 B2)
`IPR2015-01065 (6,147,385)
`IPR2015-01068 (7,804,734 B2)
`
`Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). Indeed, the parties
`
`jointly waived oral argumentand agreed notto file any further papers
`pertaining to the remaining due dates noted in the Scheduling Order. Paper
`
`28.
`
`Underthe circumstances, based on the record before us, we determine
`that it is appropriate to terminate each of these proceedings with respect to
`
`the parties, at this juncture, to promote efficiency and minimize unnecessary
`
`costs. Based onthe facts, it is appropriate to enter judgment terminating
`
`these proceedings without rendering a final written decision andtreat the
`Memorandum of Understanding Regarding Settlement Agreement (Ex.
`1027) and Settlement Agreement (Ex. 1028) as business confidential
`information. See 35 U.S.C. § 317(a); 37 C_F.R. §§ 42.72 and 42.74(c).
`
`ORDER
`
`In consideration of the foregoing,it is
`ORDEREDthattheparties’ joint request that the Memorandum of
`Understanding Regarding Settlement Agreement (Ex. 1027) and Settlement
`Agreement (Ex. 1028) be treated as business confidential information under
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) and kept separate from the
`
`patent file, is GRANTED;
`FURTHER ORDEREDthatthe joint motions to terminate IPR20 15-
`
`01062, IPR2015-01065, and IPR2015-01068 are GRANTED;
`
`FURTHER ORDEREDthat the parties are authorized to file a motion
`
`to expunge confidential information from the record within 10 daysofthis
`
`Judgment; and
`
`
`
`é
`
`IPR2015-01062 (7,056,776 B2)
`IPR2015-01065 (6,147,385)
`IPR2015-01068 (7,804,734 B2)
`
`FURTHER ORDEREDthatthese proceedings are TERMINATED.
`
`
`
`IPR2015-01062 (7,056,776 B2)
`IPR2015-01065 (6,147,385)
`IPR2015-01068 (7,804,734 B2)
`
`PETITIONER:
`
`Robert Steinberg
`Julie Holloway
`LATHAM & WATKINS LLP
`bob.steinberg@lw.com
`Julie.Holloway@lw.com
`
`PATENT OWNER:
`
`Robert A. Appleby
`Gregory S. Arovas
`KIRKLAND & ELLIS LLP
`robert.appleby@kirkland.com
`greg. arovas@kirkland.com
`
`
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