`Patent 7,973,773
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner
`
`v.
`
`TACTILE FEEDBACK TECHNOLOGY, LLC,
`Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`Case No.: IPR2016-00206
`Patent 7,973,773
`
`
`
`
`
`
`
`
`
`JOINT MOTION TO TERMINATE PROCEEDING
`PURSUANT TO 35 U.S.C. § 317(a) AND 37 C.F.R. § 42.72
`
`
`
`
`
`
`
`
`
`Pursuant to 35 U.S.C. § 317(a) and 37 C.F.R. § 42.72, Petitioner, Samsung
`
`Electronics America, Inc., and Patent Owner, Tactile Feedback Technology, LLC,
`
`jointly request termination of Inter Partes Review No. IPR2016-00206. The Board
`
`authorized this motion on February 4, 2016.
`
`
`
`Petitioner and Patent Owner jointly respectfully submit that termination is
`
`appropriate because the Parties (1) have reached an agreement resolving the
`
`dispute involving the patent at issue in this IPR; (2) termination of the IPR is
`
`requested prior to a Decision on Institution of the IPR; (3) the prior litigation
`
`between the Parties in connection with the patent at issue has been dismissed; (4)
`
`the Parties do not foresee any future litigation between them relating to the patent
`
`at issue in this IPR; and (5) there are no other petitioners to this IPR other than
`
`Samsung Electronics America, Inc.
`
`A proceeding shall be terminated with respect to the Petitioner unless the
`
`Board has already decided the merits. 35 U.S.C. § 317(a). Here, no decision on
`
`the merits has issued, and the Board can terminate this proceeding in its entirety.
`
`Such termination is appropriate. 37 C.F.R. § 42.72. In accord with 35 U.S.C.
`
`§ 317(a), no estoppel under Section 315(e) shall attach to Petitioner or its privies.
`
`
`
`As required by 35 U.S.C. § 317(b) and 37 C.F.R. § 42.72(b), filed herewith
`
`is a true copy of the written settlement agreement (“Agreement”) resolving the
`
`dispute in this IPR. (See, Confidential Exhibit 1029). The Parties represent,
`
`-2-
`
`
`
`pursuant to 35 U.S.C. § 317(b), that other than the agreement or understanding
`
`between the Parties made in connection with, or in contemplation of, the
`
`termination of this IPR, there are no collateral agreements made in connection with
`
`the termination of this IPR.
`
`
`
`Petitioner and Patent Owner are concurrently filing a Joint Request that the
`
`Agreement, Confidential Exhibit 1029, be treated as business confidential
`
`information, kept separate from the file of the patent at issue in this IPR, and made
`
`available only to Federal Government agencies on written request, or to any person
`
`on a showing of good cause pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
`
`§ 42.74(c).
`
`The Parties concurrently file this same joint motion in Case Nos. IPR 2016-
`
`00202, IPR 2016-00205 and IPR 2016-00207.
`
`
`
`
`
`-3-
`
`
`
`
`
`Dated: February 9, 2016
`
`
`
`Respectfully submitted,
`
`
`
`By: Arnold & Porter LLP
`
`
`/Jennifer Sklenar/
`Jennifer Sklenar, Reg. No. 40,205
`Arnold & Porter LLP
`777 South Figueroa Street, 44th Floor
`Los Angeles, CA 90017
`Email: jennifer.sklenar@aporter.com
`Attorneys for Petitioner Samsung
`Electronics America, Inc.
`
`13975303.2
`
`
`
`By: Warner Norcross & Judd LLP
`
`
`/R. Michael Azzi/
`R. Michael Azzi, Reg. No. 66,628
`Warner Norcross & Judd LLP
`900 Fifth Third Center
`111 Lyon Street NW
`Grand Rapids, MI 49503
`Email: mazzi@wnj.com
`Attorneys for Patent Owner Tactile
`Feedback Technology, LLC
`
`-4-
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`It is hereby certified that on this 9th day of February, 2016, a copy of the
`
`foregoing document was serviced via electronic mail and Federal Express upon the
`
`following:
`
`Jennifer Sklenar, Reg. No. 40,205
`Arnold & Porter LLP
`777 South Figueroa Street, 44th Floor
`Los Angeles, CA 90017-5844
`jennifer.sklenar@aporter.com
`
`and
`
`Jin-Suk Park, Reg. No. 50,678
`Arnold & Porter LLP
`601 Massachusetts Avenue NW
`Washington, DC 20001-3743
`jin.park@aporter.com
`
`
`
`
`
`By: Warner Norcross & Judd LLP
`/R. Michael Azzi/
`
`
`R. Michael Azzi, Reg. No. 66,628
`Warner Norcross & Judd LLP
`900 Fifth Third Center
`111 Lyon Street NW
`Grand Rapids, MI 49503
`Tel: (616) 752-2784
`Fax: (616) 222-2784
`Email: mazzi@wnj.com
`
`Attorneys for Tactile Feedback
`Technology, LLC
`
`-5-
`
`
`
`Dated: February 9, 2016
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`13975303.2
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
