`571-272-7822
`
`.
`
`Paper 10
`Entered: June 24, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`PROOFPOINT, INC., and AMORIZE TECHNOLOGIES,INC.,
`Petitioner,
`
`Vv.
`
`FINJAN,INC.,
`Patent Owner.
`
`Case IPR2016-00937 (Patent 8,141,154 B2)
`Case IPR2016-00966 (Patent 7,647,633 B2)
`Case IPR2016-00967 (Patent 8,225,408 B2)
`Case IPR2016-00970 (Patent 8,225,408 B2)
`
`Before THOMAS L GIANNETTI, MIRIAM L. QUINN,and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`QUINN,Administrative Patent Judge.
`
`JUDGMENT
`Termination of Proceeding
`37 CER. § 42.72
`
`
`
`IPR2016-00937 (Patent 8,141,154 B2)
`IPR2016-00966 (Patent 7,647,633 B2)
`IPR2016-00967 (Patent 8,225,408 B2)
`IPR2016-00970 (Patent 8,225,408 B2)
`
`On June 16, 2016, the partiesfiled a joint motion to terminate each of
`the instant proceedings pursuantto a settlement agreement. Paper 8.1 The
`
`parties also filed a true copy of their written settlement agreement, made in
`
`connection with the termination of the instant proceedings, in accordance
`
`with 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Exhibit 1041.
`Additionally, the parties submitted ajoint request to have their settlement
`agreementtreated as confidential business information under 35 U.S.C.
`
`§ 317(b) and 37 C.F.R. § 42.74(c). Paper 9.
`
`.
`
`The instant proceedingsare in the preliminary stage. The Board has
`not decided whethertrial will be instituted or:whetherthe pending motions
`for joinder will be granted. Further, the deadline to filea patent owner
`response is almost a month away. The parties submit that termination is
`appropriate because the parties havesettled their dispute, and the Board has
`not reached the merits of the proceedings. Paper8, 2 and n.2.
`
`Upon consideration of the requests beforeus, we determinethat
`terminating the instant proceedings with respect to both Petitioner and Patent
`Owner,at this early juncture, promotes efficiency, conserves Board
`
`.
`
`resources, and minimizes unnecessary costs. Based on the present facts and
`
`circumstances,it is appropriate to enter judgment.” See 35 U.S.C. § 317(a);
`
`37 CER. § 42.72.
`
`! Werefer throughout this orderto the papers filed in IPR2016-00937,as the
`filings are identicalin all of the captioned proceedings.
`2 Ajudgment meansa final written decision by the Board,or a‘termination
`ofa proceeding. 37 C.F.R. § 42.2.
`
`
`
`IPR2016-00937 (Patent 8,141,154 B2)
`IPR2016-00966 (Patent 7,647,633 B2)
`IPR2016-00967 (Patent 8,225,408 B2)
`IPR2016-00970 (Patent 8,225,408 B2)
`
`Accordingly,it is:
`
`ORDEREDthat the joint motions to terminate IPR2016-00937,
`
`IPR2016-00966, IPR2016-00967, and IPR2016-00970 are granted;
`
`FURTHER ORDEREDthat the instant proceedings are hereby
`terminatedasto all parties, including Petitioner and Patent Owner; and
`
`FURTHER ORDEREDthat the parties’ joint request that the
`
`settlement agreementbe treated as business confidential information, kept
`
`separate from the patent file, 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),is
`
`granted.
`
`
`
`IPR2016-00937 (Patent 8,141,154 B2)
`IPR2016-00966(Patent 7,647,633 B2)
`IPR2016-00967 (Patent 8,225,408 B2)
`IPR2016-00970 (Patent 8,225,408 B2)
`
`PETITIONER:
`Joseph J. Richetti
`Kevin Paganini
`Joe.richetti@bryancave.com
`IPR2016-00966@bryancave.com
`IPR2016-00967@bryancave.com
`IPR2016-00970@bryancave.com
`Kevin.paganini@bryancave.com
`PTAB-NY@bryancave.com
`
`PATENT OWNER:
`James Hannah
`Michael Lee
`Jeffrey H. Price
`Shannon Hedvat
`jhannah@kramerlevin.com
`mhlee@kramerlevin.com
`jprice@kramerlevin.com
`shedvat@kramerlevin.com
`
`Michael Kim
`mkim@finjan.com
`
`
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