`571-272-7822
`
`Paper 12
`Date: June 10, 2021
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`v.
`
`ANCORA TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`IPR2021-00583
`Patent 6,411,941 B1
`____________
`
`
`
`Before THU A. DANG, JONI Y. CHANG, and KEVIN W. CHERRY,
`Administrative Patent Judges.
`
`
`CHANG, Administrative Patent Judge.
`
`
`
`DECISION
`Settlement Prior to Institution of Trial
`37 C.F.R. § 42.74
`
`Dismissing Motion for Joinder
`35 U.S.C. § 315(c); 37 C.F.R. § 42.122
`
`
`
`
`
`IPR2021-00583
`Patent 6,411,941 B1
`
`
`
`Petitioner and Patent Owner jointly move to terminate the instant inter
`
`parte review proceeding in light of their settlement that resolves their
`
`dispute regarding the patent at issue. Paper 11 (“Mot.”). The parties also
`
`filed a true copy of their settlement agreement made in connection with, or
`
`in contemplation of, the termination under 37 C.F.R. § 42.74(b) (Ex. 2016)
`
`and a joint request to have their settlement agreement treated as confidential
`
`business information under 37 C.F.R. § 42.74(c). Paper 10.
`
`Generally, the Board expects that a proceeding will terminate after the
`
`filing of a settlement agreement. See Consolidated Trial Practice Guide1 at
`
`86; see also 84 Fed. Reg. 64,280 (Nov. 21, 2019). Here, the parties indicate
`
`that the district court has stayed the parallel litigation to allow the parties to
`
`“complete certain prerequisites to dismissal.” Mot. 1. According to the
`
`parties, “[t]he court’s order and impending dismissal and the parties’
`
`concurrent settlement agreement have resolved any claim by Patent Owner
`
`that Petitioners . . . infringe claims of U.S. Patent No. 6,411,941 (the ’941
`
`Patent) that is the subject of this proceeding.” Id. Moreover, this
`
`proceeding is in an early stage. We have not yet determined whether a trial
`
`should be instituted in this proceeding and have not yet decided Petitioner’s
`
`Motion for Joinder (Paper 5).
`
`Upon review of the procedural posture of this proceeding and the facts
`
`before us, we determine that the parties’ Joint Motion to Terminate has merit
`
`and that it is appropriate to terminate this proceeding. See 37 C.F.R.
`
`§§ 42.2, 42.72. In view of the termination, Petitioner’s Motion for Joinder is
`
`dismissed as moot.
`
`
`1 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`
`2
`
`
`
`IPR2021-00583
`Patent 6,411,941 B1
`
`
`
`In consideration of the foregoing, it is hereby
`
`ORDER
`
`ORDERED that the Joint Motion to Terminate is granted, and this
`
`proceeding hereby is terminated as to all parties;
`
`FURTHER ORDERED that the Joint Request to File Settlement
`
`Agreement as Business Confidential Information and to keep such
`
`settlement agreement separate from the patent file, and to make it 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), is granted; and
`
`FURTHER ORDERED that Petitioner’s Motion for Joinder is
`
`dismissed as moot.
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2021-00583
`Patent 6,411,941 B1
`
`PETITIONER:
`
`Anupam Sharma
`Peter Chen
`Gregory Discher
`Sinan Utku
`Richard Rainey
`COVINGTON & BURLING LLP
`asharma@cov.com
`pchen@cov.com
`gdischer@cov.com
`rrainey@cov.com
`
`
`PATENT OWNER:
`
`Nicholas Peters
`David Gosse
`Paul Henkelmann
`FITCH, EVEN, TABIN & FLANNERY LLP
`ntpete@fitcheven.com
`dgosse@fitcheven.com
`phenkelmann@fitcheven.com
`
`
`
`4
`
`
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
