`Trials@uspto.gov
`571-272-7822 Entered: July 10, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NFL ENTERPRISES LLC,
`Petitioner,
`
`v.
`
`OPENTV, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-02092
`Patent 6,233,736 B1
`____________
`
`
`
`Before JAMESON LEE, SALLY C. MEDLEY, and
`MICHAEL R. ZECHER, Administrative Patent Judges.
`
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`
`
`
`JUDGMENT
`Termination of the Proceeding
` 37 C.F.R. § 42.73
`
`On July 6, 2018, the parties filed a joint motion to terminate the
`
`proceeding, along with a true copy of their written settlement agreement,
`
`made in connection with the termination of the instant proceeding, in
`
`accordance with 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Paper 16;
`
`
`
`IPR2017-02092
`Patent 6,233,736 B1
`
`Ex. 2001. The parties also request to have their agreement treated as
`
`confidential business information under 35 U.S.C. § 317(b) and 37 C.F.R.
`
`§ 42.74(c). Paper 17. The joint motion requests termination of the
`
`proceeding and further explains that the agreement ends all patent disputes
`
`between the parties, including this proceeding. Paper 16, 2.
`
`On March 19, 2018, we instituted trial for this proceeding. Paper 7.
`
`At this juncture of the proceeding, we do not have full briefing on the trial
`
`issues and we have not entered a final decision.
`
`Based on the facts of this case, it is appropriate to enter judgment1
`
`without rendering a final written decision. See 35 U.S.C. § 317(a);
`
`37 C.F.R. § 42.72.
`
`It is
`
`ORDERED that the parties’ joint request that their agreement be
`
`treated as business confidential information, to be kept separate from the
`
`patent file is granted;
`
`FURTHER ORDERED that the joint motion to terminate the
`
`proceeding is granted; and
`
`FURTHER ORDERED that the proceeding is terminated.
`
`
`
`
`
`
`
`
`
`
`
`
`
`1 A judgment means a final written decision by the Board, or a termination
`of a proceeding. 37 C.F.R. § 42.2.
`
`
`2
`
`
`
`IPR2017-02092
`Patent 6,233,736 B1
`
`For PETITIONER:
`
`VINSON & ELKINS LLP
`
`Stephen C. Stout
`Hilary L. Preston
`Rachael P. McClure
`sstout@velaw.com
`hpreston@velaw.com
`rmcclure@velaw.com
`
`For PATENT OWNER:
`
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`
`Joshua L. Goldberg
`Erika H. Arner
`Daniel C. Tucker
`Cory Bell
`joshua.goldberg@finnegan.com
`erika.arner@finnegan.com
`daniel.tucker@finnegan.com
`cory.bell@finnegan.com
`
`
`3
`
`
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