`571-272-7822
`
`Paper 8
`Entered: May 7, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`CISCO SYSTEMS, INC.,
`Petitioner
`
`Vv.
`
`MEETRIXIP, LLC,
`Patent Owner.
`
`Case IPR2019-00539 (Patent 9,253,332 B2)
`Case IPR2019-00540 (Patent 9,253,332 B2)
`Case IPR2019-00541 (Patent 9,094,525 B2)
`Case IPR2019-00542 (Patent 9,094,525 B2)
`Case IPR2019-00543 (Patent 9,843,612 B2)
`Case IPR2019-00544 (Patent 9,843,612 B2)!
`
`Before KEVIN F. TURNER, GREGG I. ANDERSON,and
`SCOTT B. HOWARD,Administrative Patent Judges.
`
`ANDERSON,Administrative Patent Judge.
`
`DECISION
`Granting Joint Motion to Terminate
`37 CER. § 42.72
`
`' The parties are not authorized to use this caption. The parties should use the
`caption applicable to the specific case.
`
`
`
`Case IPR2019-00539 (Patent 9,253,332 B2)
`Case IPR2019-00540 (Patent 9,253,332 B2)
`Case IPR2019-00541 (Patent 9,094,525 B2)
`Case. IPR2019-00542 (Patent 9,094,525 B2)
`Case IPR2019-00543 (Patent 9,843,612 B2)
`Case IPR2019-00544 (Patent 9,843,612 B2)
`
`INTRODUCTION
`
`Per our email dated April 19, 2019, we authorized the filing of a motion
`
`to terminate the above identified proceedings (“539 IPR,” °°540 IPR,” “541
`
`IPR,” “°542 IPR,”“?543 IPR,” and “544 IPR”respectively, collectively
`“Settled IPRs’). Settled IPRs, Ex. 3001. The ’539 and ’540 IPRs challenge
`
`claims of U.S. Patent No. 9,253,332. The ’541 and °542 IPRs challenge claims
`
`of U.S. Patent No. 9,094,525. The ’543 and 544 IPRschallenge claims of U.S.
`
`Patent No. 9,843,612. Per our authorization, on May 3, 2019, Cisco Systems,
`
`Inc. (“Petitioner”) and Meetrix IP LLC. (“Patent Owner”) filed a Joint Motion
`
`to Dismiss the Petition (“Joint Motion”) for each proceeding. Settled IPRs,
`
`Paper 6. Concurrently with the filing of the Joint Motion, the parties filed a
`
`Joint Request to Treat Settlement Agreement as Business Confidential
`Information Pursuant to 35 U.S.C. § 317(b) (“Joint Request”). Settled IPRs,
`Paper 7; see also Ex. 1048 (Settlement and License Agreement(“Settlement
`
`Agreement”), Section 7. Confidentiality).
`
`DISCUSSION
`
`The Joint Motion in the Settle IPRs sets forth the parties’ agreement that
`
`they have settled their dispute with respect to the challenged patents and have
`
`reached agreementto seek termination the Settled IPRs. Settled IPRs, Paper 6,
`2. A true andcorrect copy ofthe Settlement Agreement wasfiled with the Joint
`Motion as business confidential information pursuant to 35 U.S.C. § 317(b).
`Id.; see Exhibit 1048. Theparties assert that there “are no collateral agreements
`or understandings madein connection with, or in contemplation of, the
`
`
`
`Case IPR2019-00539 (Patent 9,253,332 B2)
`Case IPR2019-00540 (Patent 9,253,332 B2)
`Case IPR2019-00541 (Patent 9,094,525 B2)
`Case IPR2019-00542 (Patent 9,094,525 B2)
`Case IPR2019-00543 (Patent 9,843,612 B2)
`Case IPR2019-00544 (Patent 9,843,612 B2)
`
`termination” of the proceedings. Settled IPRs, Paper 6, 2. The parties request
`
`dismissal of the Settled IPRs. Id.
`
`These proceedingsare at a very early stage, no preliminary response has
`been filed, no institution decision has been entered, andtrial has not
`commenced. Weare persuadedthat, under these circumstances, it is
`appropriate to dismiss all pending proceedings betweenthe parties as identified
`
`above. See 37 C.F.R. § 42.72.
`
`ORDER
`
`Accordingly,it is:
`
`ORDEREDthatthe joint motion to terminate the proceedingsis
`GRANTED,andthe 539, ’540, 541, °542, °543, and ’544 IPR proceedingsare
`
`hereby DISMISSEDasto all parties;
`
`FURTHER ORDEREDthatthe parties’ joint request to treat the
`
`Settlement Agreement confidential is GRANTED,andthe specified exhibits
`
`shall be: (i) treated as business confidential information;(ii) kept separate from
`the files of U.S. Patent Nos. 9,253,332; 9,094,525; and 9,843,612; (iii) kept
`
`confidential from any third party; (iv) filed as “BOARD AND PARTIES
`
`ONLY”as accessible only to the Board and the parties to this proceeding; and
`
`(v) made available only to Federal Government agencies on written request, or
`
`to any person on a showingof good cause, under the provisions of 35 U.S.C.
`
`§ 317(b) and 37 C.F.R. § 42.74(c); and
`FURTHER ORDEREDthat a copy of this Order will be filed in the ’539,
`
`’540, °541, °542, °543, and °544 IPR.
`
`
`
`Case IPR2019-00539 (Patent 9,253,332 B2)
`Case IPR2019-00540 (Patent 9,253,332 B2)
`Case IPR2019-00541 (Patent 9,094,525 B2)
`Case IPR2019-00542 (Patent 9,094,525 B2)
`Case IPR2019-00543 (Patent 9,843,612 B2)
`Case IPR2019-00544 (Patent 9,843,612 B2)
`
`PETITIONER:
`
`David L. McCombs
`Theodore M. Foster
`Gregory P. Huh
`HAYNES AND BOONE, LLP
`david.mccombs.ipr@haynesboone.com
`ipr.theo.foster@haynesboone.com
`gregory.huh.ipr@haynesboone.com
`
`Gilbert A. Greene
`DUANE MORRIS, LLP
`bgreene@duanemorris.com
`
`PATENT OWNER:
`Gregory S. Donahue
`Andrew G. DiNovo
`DINOVO PRICE LLP
`gdonahue@dinovoprice.com
`adinovo@dinovoprice.com
`docketing@dinovoprice.com
`
`
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