`571.272.7822
`
`
` Paper No. 20
`
` Entered: January 21, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SHARP CORPORATION, SHARP ELECTRONICS CORPORATION, and
`SHARP ELECTRONICS MANUFACTURING COMPANY OF AMERICA,
`INC.,
`Petitioner,
`
`v.
`
`SURPASS TECH INNOVATION LLC,
`Patent Owner.
`____________
`
`Case IPR2015-00913
`Patent 7,420,550 B2
`____________
`
`
`
`Before SALLY C. MEDLEY, BRYAN F. MOORE, and
`BETH Z. SHAW, Administrative Patent Judges.
`
`SHAW, Administrative Patent Judge.
`
`JUDGMENT
`Granting Motion to Terminate Proceeding and Treat Exhibit 2004
`as Business Confidential Information
`37 C.F.R. § 42.72
`
`On January 20, 2016, the parties filed a joint motion to terminate the
`instant proceeding. Paper 19. In support of the motion, the parties allege
`
`
`
`
`
`
`
`IPR2015-01771
`Patent 7,420,550 B2
`
`
`that they have agreed in writing to terminate the proceeding. Id. at 1. The
`parties filed a copy of a Settlement Agreement, which the parties contend is
`the agreement required under 37 U.S.C. § 317(b). Id. at 2; Ex. 2004. The
`parties request that this Settlement Agreement (Ex. 2004) be treated as
`business confidential information pursuant to 35 U.S.C. § 317(b) and 37
`C.F.R. § 42.74(c). Id.
`The Board issued a Decision to Institute on September 9, 2015.
`Paper 9. At this juncture of the proceeding, the Board does not have before
`it full briefing on the trial issues; the case has not been heard; and the
`Board has not entered a final decision.
`Upon consideration of the joint request before us, terminating the
`instant proceeding promotes efficiency and minimizes unnecessary costs.
`Based on the facts of this case, it is appropriate to enter judgment1 and to
`treat Exhibit 2004 as business confidential information. See 35 U.S.C. §§
`317(a)-(b); 37 C.F.R. §§ 42.72 and 42.74(c).
`
`
`1 A judgment means a final written decision by the Board, or a termination
`of a proceeding. 37 C.F.R. § 42.2.
`
`
`
`
`
`
`
`IPR2015-00913
`Patent 7,420,550 B2
`
`
`
`Accordingly, it is:
`ORDERED that the joint motion to terminate IPR2015-00913 is
`
`granted;
`
`FURTHER ORDERED that the joint request to treat Exhibit
`2004 as business confidential information, to be kept separate from the patent
`file as specified in 37 C.F.R. § 42.74(c), is granted; and
`
`FURTHER ORDERED that the instant proceeding is hereby
`
`terminated as to all parties.
`
`
`
`FOR PETITIONER:
`Anthony F. Lo Cicero
`Brian A. Comack
`Amster, Rothstein & Ebenstein LLP
`alocicero@arelaw.com
`sharp-550IPR@qarelaw.com
`
`FOR PATENT OWNER:
`Wayne M. Helge
`Michael R. Casey
`Davidson Berquist Jackson & Gowdey, LLP
`whelge@dbjg.com
`mcasey@dbjg.com
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