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Inter Partes Review of U.S. Pat. 7,616,955

Docket IPR2017-00461, Patent Trial and Appeal Board (Dec. 9, 2016)
Barbara Parvis, Daniel Galligan, James Arpin, presiding
Case TypeInter Partes Review
Patent
7616955
Petitioner Sony Corporation
Patent Owner Broadcom Corporation
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11 Dismissed Before Institution: Decision Granting Petitioners Unopposed Motion to Dismiss Petition 37 CFR 4271a, 4274

Document IPR2017-00461, No. 11 Dismissed Before Institution - Decision Granting Petitioners Unopposed Motion to Dismiss Petition 37 CFR 4271a, 4274 (P.T.A.B. Jun. 16, 2017)
On June 14, 2017, Petitioner filed an unopposed Motion to Dismiss the Petition, accompanied by a true copy of a written agreement settling the parties’ disputes regarding the ’955 patent.
Furthermore, Petitioner and Broadcom Corporation (“Patent Owner”) filed a Joint Request to have their agreement treated as business confidential information under 37 C.F.R. § 42.74(c).
The parties further certify that there are no collateral agreements or understandings made in connection with, or in contemplation of, the termination of the proceeding; the related district court litigation also has been settled; and there currently is no other pending litigation or proceeding involving the ’955 patent, and none is contemplated in the foreseeable future.
Section 317(a) provides, in relevant part, “[a]n 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 termination is filed.” 35 U.S.C. § 317(a) (emphasis added).
Because we have not yet issued a Decision whether to institute an inter partes review, we treat the Motion as seeking dismissal of the Petition, as asserted in the Motion’s title.
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7 Notice of Filing Date Accorded to Petition: Notice of Accord Filing Date

Document IPR2017-00461, No. 7 Notice of Filing Date Accorded to Petition - Notice of Accord Filing Date (P.T.A.B. Jan. 6, 2017)
For more information, please consult the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012), which is available on the Board Web site at http://www.uspto.gov/PTAB.
Patent Owner is advised of the requirement to submit mandatory notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of the petition.
The parties are advised that under 37 C.F.R. § 42.10(c), recognition of counsel pro hac vice requires a showing of good cause.
McAndrews Held & Malloy, Ltd. 500 West Madison Street Suite 3400 Chicago, IL 60661 Swanson & Bratschun, LLC 8210 Southpark Terrace Littleton, CO 80120 Case IPR2017-00461 Patent 7,616,955
If the parties actually engage in alternative dispute resolution, the PTAB would be interested to learn what mechanism (e.g., arbitration, mediation, etc.) was used and the general result.
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9 Motion: Motion to Dismiss the Petition

Document IPR2017-00461, No. 9 Motion - Motion to Dismiss the Petition (P.T.A.B. Jun. 14, 2017)

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10 Motion: Joint Request to File Settlement Agreement as Business Confidential

Document IPR2017-00461, No. 10 Motion - Joint Request to File Settlement Agreement as Business Confidential (P.T.A.B. Jun. 14, 2017)

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1 Petition: Petition for Inter Partes Review

Document IPR2017-00461, No. 1 Petition - Petition for Inter Partes Review (P.T.A.B. Dec. 9, 2016)

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8 Preliminary Response: PO Broadcom Corp Preliminary Response

Document IPR2017-00461, No. 8 Preliminary Response - PO Broadcom Corp Preliminary Response (P.T.A.B. Apr. 6, 2017)

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6 Mandatory Notice: PATENT OWNER BROADCOM CORPORATION MANDATORY...

Document IPR2017-00461, No. 6 Mandatory Notice - PATENT OWNER BROADCOM CORPORATION MANDATORY NOTICES UNDER 37 CFR 428 (P.T.A.B. Dec. 30, 2016)

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