`571-272-7822
`
`
`
`Paper: 19
`Entered: December 27, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WORLD PROGRAMMING LTD.,
`Petitioner,
`
`v.
`
`SAS INSTITUTE, INC.,
`Patent Owner.
`____________
`
`IPR2019-01457 (Patent 7,170,519 B2)
`IPR2019-01458 (Patent 7,170,519 B2)
`IPR2019-01459 (Patent 7,447,686 B2)
` IPR2019-01460 (Patent 7,447,686 B2)1
`____________
`
`
`Before SALLY C. MEDLEY, JOHN F. HORVATH, and
`ELIZABETH M. ROESEL, Administrative Patent Judges.
`
`PER CURIAM
`
`
`
`DECISION
`Dismissal Prior to Institution of Trial
`35 U.S.C. § 314
`
`
`
`
`
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be docketed in each case. The parties, however, are
`not authorized to use this caption for any subsequent papers.
`
`
`
`IPR2019-01457 (Patent 7,170,519 B2)
`IPR2019-01458 (Patent 7,170,519 B2)
`IPR2019-01459 (Patent 7,447,686 B2)
`IPR2019-01460 (Patent 7,447,686 B2)
`
`
`With prior Board authorization, Petitioner filed an Unopposed Motion
`to Dismiss the Petition and Terminate the Proceeding Before Institution.
`Paper 18 (“Motion” or “Mot.”).2
`Petitioner represents that the challenged patent is being asserted
`against Petitioner in a related district court action set for a jury trial in
`August 2020 in the United States District Court for the Eastern District of
`Texas. Mot. 2. Petitioner further represents that Patent Owner does not
`oppose the Motion, and there is good cause to terminate the proceeding
`because it will preserve the resources of the Board and the parties. Id. at 2–
`5.
`
`This proceeding is at an early stage. A decision whether to institute
`trial has not been made. Petitioner requested authorization to file an
`unopposed motion to dismiss the Petition and terminate the proceeding more
`than two months before the statutory deadline for institution.
`The Board has discretion to “take up petitions or motions for
`decisions in any order” and to “grant, deny, or dismiss any petition or
`motion” or enter any appropriate order. 37 C.F.R. § 42.71(a) (2018).
`Dismissal of the Petition at this early stage, before any decision on the
`merits of the Petition, will preserve the Board’s and the parties’ resources
`and promote the objective of a “just, speedy, and inexpensive resolution of
`every proceeding.” 37 C.F.R. § 42.1(b) (2018). Based on the facts of this
`case and in view of Petitioner’s unopposed motion, we determine that it is
`
`
`2 We refer to the papers filed in IPR2019-01457. However, similar papers
`were filed in IPR2019-01458, IPR2019-01459, and IPR2019-01460, and this
`Order applies equally in each of these cases.
`2
`
`
`
`
`
`IPR2019-01457 (Patent 7,170,519 B2)
`IPR2019-01458 (Patent 7,170,519 B2)
`IPR2019-01459 (Patent 7,447,686 B2)
`IPR2019-01460 (Patent 7,447,686 B2)
`
`appropriate to dismiss the Petition. See 37 C.F.R. § 42.71(a) (2018).
`Therefore, Petitioner’s Motion is granted. This Order does not constitute a
`final written decision pursuant to 35 U.S.C. § 318(a).
`ORDER
`Accordingly, for the reasons discussed above, it is:
`ORDERED that Petitioner’s Unopposed Motion to Dismiss the
`Petition and Terminate the Proceeding is granted, and the proceeding is
`terminated as to all parties.
`
`
`
`
`
`3
`
`
`
`IPR2019-01457 (Patent 7,170,519 B2)
`IPR2019-01458 (Patent 7,170,519 B2)
`IPR2019-01459 (Patent 7,447,686 B2)
`IPR2019-01460 (Patent 7,447,686 B2)
`
`For PETITIONER:
`Harper Batts
`Chris Ponder
`Jeffrey Liang
`SHEPPARD MULLIN RICHTER & HAMPTON LLP
`hbatts@sheppardmullin.com
`cponder@sheppardmullin.com
`
`For PATENT OWNER:
`Brenton R. Babcock
`Joshua P. Davis
`Tony T. Chen
`WOMBLE BOND DICKINSON (US) LLP
`brent.babcock@wbd-us.com
`joshua.p.davis@wbd-us.com
`tony.chen@wbd-us.com
`
`
`
`4
`
`
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