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Paper 22
` Entered: December 15, 2014
`
`
`
`
`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`INDEED, INC. and MONSTER WORLDWIDE INC.,
`Petitioner,1
`
`v.
`
`CAREER DESTINATION DEVELOPMENT, LLC,
`Patent Owner.
`_______________
`
`Cases CBM2014-00068 (Patent 7,424,438 B2)
`CBM2014-00069 (Patent 8,374,901 B2)
`CBM2014-00070 (Patent 8,374,901 B2)
`CBM2014-00077 (Patent 7,424,438 B2)
`_______________
`
`
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and JUSTIN
`BUSCH, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73
`
`
`
`
`
`
`1 In addition, the Ladders.com, Inc. is a real party-in-interest in CBM2014-00069
`and CBM2014-00070.
`
`

`
`CBM2014-00068 (Patent 7,424,438 B2)
`CBM2014-00069 (Patent 8,374,901 B2)
`CBM2014-00070 (Patent 8,374,901 B2)
`CBM2014-00077 (Patent 7,424,438 B2)
`
`
`On December 4, 2014, the parties informed the Board that the parties had
`
`settled the proceedings, along with the related District Court cases, and that the
`
`parties sought authorization to file a joint motion to terminate the proceedings. On
`
`December 10, 2014, and pursuant to 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74, the
`
`parties filed a joint motion to terminate each proceeding. See, e.g., CBM2014-
`
`00068, Paper 18. The parties also filed a joint request in each proceeding to have
`
`their agreement treated as confidential business information under 35 U.S.C.
`
`§ 327(b) and 37 C.F.R. § 42.74(c). See, e.g., CBM2014-00068, Paper 19. In each
`
`of the joint motions, the parties represent that each of the settlement agreements
`
`filed is a true copy and resolves all disputes between the parties. See, e.g.
`
`CBM2014-00068 Paper 18, 2.
`
`These covered business method patent reviews were instituted on August 20,
`
`2014. At this juncture of the proceedings, the Board does not have before it full
`
`briefing on the trial issues and the Board has not entered a final decision. Based on
`
`the facts of these cases, it is appropriate to enter judgment.2 Therefore, the joint
`
`motions to terminate the proceedings are granted.
`
`Accordingly, it is
`
`ORDERED that the parties’ joint requests that the settlement agreements be
`
`treated as business confidential information, to be kept separate from the patent file
`
`are granted; and
`
`
`2 A judgment means a final written decision by the Board, or a termination of a
`proceeding. 37 C.F.R. § 42.2.
`
`
`
`2
`
`

`
`CBM2014-00068 (Patent 7,424,438 B2)
`CBM2014-00069 (Patent 8,374,901 B2)
`CBM2014-00070 (Patent 8,374,901 B2)
`CBM2014-00077 (Patent 7,424,438 B2)
`
`
`FURTHER ORDERED that the joint motions to terminate the proceedings
`
`are granted; and
`
`FURTHER ORDERED that the proceedings are terminated.
`
`3
`
`
`
`
`
`
`
`
`
`

`
`CBM2014-00068 (Patent 7,424,438 B2)
`CBM2014-00069 (Patent 8,374,901 B2)
`CBM2014-00070 (Patent 8,374,901 B2)
`CBM2014-00077 (Patent 7,424,438 B2)
`
`For Petitioner:
`
`Brian M. Buroker
`Peter Weinberg
`GIBSON, DUNN & CRUTCHER LLP
`bburoker@gibsondunn.com
`pweinberg@gibsondunn.com
`
`For Patent Owner:
`
`James J. Kernell
`David L. Marcus
`ERICKSON KERNELL DERUSSEAU
`& KLEYPAS, LLC
`jjk@kcpatentlaw.com
`dmarcus@bmlawkc.com
`
`
`
`4

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