`571-272-7822
`
`Paper No. 13
`Date Entered: November15, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SPRINT SPECTRUM L.P., CELLCO PARTNERSHIP D/B/A VERIZON
`WIRELESS, and AT&T MOBILITY LLC,
`Petitioner,
`
`Vv.
`
`ADAPTIX,INC.,
`Patent Owner.
`
`Case IPR2016-00824
`Patent 8,934,375 B2
`
`Before KALYAN K. DESHPANDE, TREVOR M. JEFFERSON,and
`J. JOHN LEE, Administrative Patent Judges.
`
`DESHPANDE,Administrative Patent Judge.
`
`ORDER
`Termination of the Proceeding
`37 CER. $§ 42.72, 42.74
`
`
`
`IPR2016-00824
`Patent 8,934,375 B2
`
`I. DISCUSSION
`
`On November2, 2016, Sprint Spectrum L.P. (“Sprint”), Cellco Partnership
`
`D/B/A Verizon Wireless (“Verizon”), and AT&T Mobility LLC (“AT&T”)
`
`(collectively, “Petitioner”) and Adaptix, Inc. (“Adaptix” or “Patent Owner’) filed
`
`an authorized Joint Motion to Terminate the above-captioned proceeding pursuant
`
`to 35 U.S.C. § 317. Paper 11 (“Mot”). Petitioner and Patent Owneralsofiled a
`
`copy of a license agreement between AT&T and Adaptix, and a copy of a release
`
`agreement between Verizon and Adaptix Exs. 2103, 2104. Petitioner and Patent
`
`Ownerrepresent tial the filed agreements are true and correct copies. Mot. 2-3.
`
`Sprint and Adaptix represent that the instant Joint Motion to Terminate along with
`
`the Joint Motion to Terminate IPR2016-00823 “constitute[] Sprint Spectrum L.P.’s
`
`and Adaptix’s written agreement to terminate this proceeding.” Jd. at 3. Petitioner
`
`and Patent Ownerfurther represent that there are no collateral agreements or
`
`understandings made in connection with, or in contemplation of, the termination of
`
`this proceeding. Id. at 2-4.
`
`“An inter partes review instituted under this chapter shall be terminated with
`
`respect to any petitioner upon the joint request of the petitioner and the patent
`
`owner, unless the Office has decided the merits of the proceeding before the
`
`request for terminationis filed.” 35 U.S.C. § 317(a). We have not yet decided the
`
`merits of this proceeding, and a final written decision has not yet been entered.
`
`Petitioner and Patent Owner represent that they havesettled their dispute with
`
`respect to U.S. Patent Number 8,934,375 B2, and that there are no currentor
`
`contemplated pendinglitigation proceedings involving U.S. Patent Number
`8,934,375 B2. Mot.2,4. Accordingly, we determine that good cause exists to
`terminate this proceeding.
`
`
`
`IPR2016-00824
`Patent 8,934,375 B2
`
`Petitioner and Patent Owneralso filed a Joint Motion to File Agreements as
`
`Business Confidential Information, requesting that the agreement between AT&T
`
`and Adaptix and the agreement between Verizon and Adaptix be kept separate
`
`from thefile of the challenged patent. Paper 12.
`
`“At the request of a party to the proceeding, the agreement or understanding
`
`shall be treated as business confidential information, shall be kept separate from
`
`the file of the involved patents, and shall be made available only to Federal
`
`Governmentagencies on written request, or to any person on a showing of gand
`
`cause.” 35 U.S.C. § 317(b). After reviewing the agreement between AT&T and
`
`Adaptix, and the agreement between Verizon and Adaptix, wefind that the
`
`agreements contain confidential business information regarding the terms of
`
`settlement. We determine that good cause exists to treat the agreement between
`
`AT&T and Adaptix, and the agreement between Verizon and Adaptix as business
`
`confidential information under 35 U.S.C. § 317(b).
`
`Accordingly,it is
`
`Il. ORDER
`
`ORDEREDthatthe Joint Motion to Terminate (Paper 11) is granted;
`
`FURTHER ORDEREDthatthis proceeding is hereby terminated; and
`
`FURTHER ORDEREDthatthe Joint Motion to File Settlement Agreement
`
`as Business Confidential Information (Paper 12) is granted, and the Agreement
`
`between AT&T and Adaptix, and the Agreement between Verizon and Adaptix
`
`will be treated as business confidential information under 35 U.S.C. § 317(b) and
`
`37 C.F.R. § 42.74(c) and be kept separate from the publicly available file of the
`
`challengedpatent.
`
`
`
`IPR2016-00824
`Patent 8,934,375 B2
`
`For PETITIONER:
`
`David Cavanaugh
`Larissa Park
`WILMER CUTLER PICKERING HALE AND DORR LLP
`david.cavanaugh@wilmerhale.com
`larissa.park@wilmerhale.com
`
`Robert Hilton
`George Davis
`MCGUIREWOODS LLP
`
`RHilion@mcgurewoods com
`GDavis@mcguirewoods.com
`
`Douglas Kubehl
`Kurt Pankratz
`Jennifer Tempesta
`BAKER BOTTSL.L.P.
`doug.kubehl@bakerbotts.com
`kurt.pankratz@bakerbotts.com
`jennifer.tempesta@bakerbotts.com
`
`For PATENT OWNER:
`
`Amedeo Ferraro
`Wesley Meinerding
`MARTIN & FERRARO, LLP
`afcrraro@martinferraro.com
`wmeinerding@martinferraro.com
`
`
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