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17 decisions · 460msnewest first
  • PTAB · Mar 6, 2015 · IPR2014-00439 · APJ Matthew R Clements · IPR · Order

    The Board granted the parties’ revised joint motion and terminated the proceeding as to both parties without a final written decision.

    RulingsOther
    • PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Granted

      “and that, even if the parties agree to settle any issue in a proceeding, the Board may independently determine any question of patentability. 37 C.F.R § 42.74(a). Generally, however, the Board expects that a proceeding will terminate after the filing of a settlement agreement. See, e.g., Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). We have not yet decided the merits of this proceeding. For example, the oral argument has not been held. The Board is persuaded that, under these circumstances, it is appropriate to terminate this proceeding as to both Petitioner and Patent Owner without rendering a final written decision. 37 C.F.R. § 42.72. ORDER Accordingly, it is: ORDERED that the revised joint motion to terminate this proceeding is GRANTED and this proceeding is hereby terminated as to both Petitioner and Patent Owner; and” slip op. at 3

    None
    Patents in suitUS 7,365,871
  • PTAB · Sep 24, 2014 · IPR2014-00969 · APJ Donna M Praiss · IPR · Order

    The Board granted the parties’ joint motion and terminated the proceeding under the settlement, without a final written decision.

    RulingsOther
    • PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Granted

      “The Board generally expects that a proceeding will terminate after the filing of a settlement agreement. See, e.g., Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). Under these circumstances, the Board determines that it is appropriate to terminate this proceeding without rendering a final written decision. 37 C.F.R. § 42.72. Therefore, the joint motion to terminate the proceeding is granted.” slip op. at 2

    None
    Patents in suitUS 7,123,117
  • PTAB · Jul 23, 2014 · IPR2014-00188 · APJ Karl D Easthom · IPR · Order

    The Board granted the parties’ joint motions and terminated IPR2014-00188 without a final written decision.

    RulingsOther
    • PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Granted

      “filed a joint motion to terminate the respective proceeding, along with a true copy of their written settlement agreement (Ex. 2001) and a release (Ex. 2002), made in connection therewith, in accordance with 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Paper 16.2 The parties also filed joint motions in each case to treat each settlement agreement and release as business confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 17.” slip op. at 2

    None
    Patents in suitUS 7,493,097
  • PTAB · Jul 23, 2014 · IPR2014-00189 · APJ Karl D Easthom · IPR · Order

    The Board granted the parties’ joint motions and terminated IPR2014-00188, IPR2014-00189, and IPR2014-00193 without final written decisions.

    RulingsOther
    • PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Granted

      “filed a joint motion to terminate the respective proceeding, along with a true copy of their written settlement agreement (Ex. 2001) and a release (Ex. 2002), made in connection therewith, in accordance with 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Paper 16.2 The parties also filed joint motions in each case to treat each settlement agreement and release as business confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 17.” slip op. at 2

    None
    Patents in suitUS 7,493,097
  • PTAB · Jul 23, 2014 · IPR2014-00193 · APJ Karl D Easthom · IPR · Order

    The Board granted the parties’ joint motions and terminated IPR2014-00188, IPR2014-00189, and IPR2014-00193 without a final written decision.

    RulingsOther
    • PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Granted

      “filed a joint motion to terminate the respective proceeding, along with a true copy of their written settlement agreement (Ex. 2001) and a release (Ex. 2002), made in connection therewith, in accordance with 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Paper 16.2 The parties also filed joint motions in each case to treat each settlement agreement and release as business confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 17.” slip op. at 2

    None
    Patents in suitUS 6,785,530
  • PTAB · Jun 26, 2014 · IPR2014-00560 · APJ Hyun J Jung · IPR · Order

    The Board granted the parties’ joint motion and terminated IPR2014-00560 without a final written decision.

    RulingsOther
    • PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Granted

      “The parties stated in their joint motion that they have settled their dispute and have reached agreement to terminate this inter partes review. Paper 10, 2. Patent Owner has not yet filed a preliminary response or a waiver under 37 C.F.R. § 42.107. We are persuaded that, under these circumstances, it is appropriate to terminate this proceeding without rendering a final written decision. 37 C.F.R. § 42.72. Accordingly, it is: ORDERED that the joint motion to terminate this proceeding is GRANTED and this proceeding is hereby terminated; and” slip op. at 2

    None
    Patents in suitUS 5,592,555
  • PTAB · Jun 5, 2014 · IPR2013-00521 · APJ Matthew R Clements · IPR · Order

    The Board granted the joint motion and terminated the IPR as to both parties without a final written decision.

    RulingsOther
    • PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Granted

      “The parties are reminded that the Board is not a party to the settlement and that, even if the parties agree to settle any issue in a proceeding, the Board may independently determine any question of patentability. 37 C.F.R § 42.74(a). Generally, however, the Board expects that a proceeding will terminate after the filing of a settlement agreement. See, e.g., Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). This proceeding is still in the preliminary stages. The Patent Owner’s Response has not yet been filed. The Board is persuaded that, under these circumstances, it is appropriate to terminate this proceeding as to both Petitioner and Patent Owner without rendering a final written decision. 37 C.F.R. § 42.72.” slip op. at 3

    None
    Patents in suitUS 7,839,926
  • PTAB · May 2, 2014 · IPR2014-00229 · APJ Stacey G White · IPR · Order

    The Board granted the parties’ joint motions and terminated the proceedings as to all parties without a final written decision.

    RulingsOther
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Other

      “The instant proceedings are in the preliminary stage. Patent Owner has filed preliminary responses in each of the instant proceedings.5 The Board, however, has not determined whether trial will be instituted for any of the requests for inter partes review. Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under this chapter shall be terminated with respect to any petitioner upon the joint request of the petitioner and patent owner, unless the Office has decided the merits of the proceeding before the request for termination is filed.” In the motions to terminate, the parties state that they have settled their dispute with respect to the patents involved in the proceedings, and have reached agreement to terminate these proceedings. Paper 9, 1. Furthermore, the joint motion indicates that the parties have agreed to dismiss Petitioner and other real parties-in-interest identified by 2 IPR2014-00229, Paper 9; IPR2014-00230, Paper 10, IPR2014-00231, Paper 9. 3 IPR2014-00229, Ex. 1047; IPR2014-00230, Ex. 1047, IPR2014-00231, Ex. 1047. 4 IPR2014-00229, Paper 10; IPR2014-00230, Paper 11, IPR2014-00231, Paper 10. 5 IPR2014-00229, Paper 7; IPR2014-00230, Paper 8; IPR2014-00231, Paper 7.” slip op. at 2

    • PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Granted

      “The Board generally expects that a proceeding will terminate after the filing of a settlement agreement. See, e.g., Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). Upon consideration of the parties’ arguments and the early stage of these proceedings, we agree with the parties that terminating the instant proceedings with respect to both Petitioner and Patent Owner, at this early juncture, promotes efficiency and minimizes unnecessary costs. The Board is persuaded that, under these circumstances, it is appropriate to enter judgment6 without rendering a final written decision. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. Accordingly, it is: ORDERED that the joint motions to terminate these proceedings are granted, and that these proceedings are hereby terminated as to all parties, including Petitioner and Patent Owner;” slip op. at 3

    None
    Patents in suitUS 6,131,121
  • PTAB · May 2, 2014 · IPR2014-00230 · APJ Stacey G White · IPR · Order

    The Board granted the joint motions to terminate the proceedings as to all parties and granted the requests to keep the settlement agreement confidential.

    RulingsOther
    • Adverse judgmentAdverse judgmentGranted

      “The Board generally expects that a proceeding will terminate after the filing of a settlement agreement. See, e.g., Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). Upon consideration of the parties’ arguments and the early stage of these proceedings, we agree with the parties that terminating the instant proceedings with respect to both Petitioner and Patent Owner, at this early juncture, promotes efficiency and minimizes unnecessary costs. The Board is persuaded that, under these circumstances, it is appropriate to enter judgment6 without rendering a final written decision. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. Accordingly, it is: ORDERED that the joint motions to terminate these proceedings are granted, and that these proceedings are hereby terminated as to all parties, including Petitioner and Patent Owner;” slip op. at 3

    None
    Patents in suitUS 6,108,704
  • PTAB · May 2, 2014 · IPR2014-00231 · APJ Stacey G White · IPR · Order

    The Board granted the parties’ joint motions and terminated the proceedings as to all parties before deciding whether to institute review.

    RulingsOther
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Not reached

      “The instant proceedings are in the preliminary stage. Patent Owner has filed preliminary responses in each of the instant proceedings.5 The Board, however, has not determined whether trial will be instituted for any of the requests for inter partes review.” slip op. at 2

    • PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Granted

      “The Board generally expects that a proceeding will terminate after the filing of a settlement agreement. See, e.g., Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). Upon consideration of the parties’ arguments and the early stage of these proceedings, we agree with the parties that terminating the instant proceedings with respect to both Petitioner and Patent Owner, at this early juncture, promotes efficiency and minimizes unnecessary costs. The Board is persuaded that, under these circumstances, it is appropriate to enter judgment6 without rendering a final written decision. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. Accordingly, it is: ORDERED that the joint motions to terminate these proceedings are granted, and that these proceedings are hereby terminated as to all parties, including Petitioner and Patent Owner; FURTHER ORDERED that the parties’ joint requests that the settlement agreement (Ex. 1047) be treated as business confidential information, kept separate from the file of the involved patents, and made available only to Federal 6 A judgment means a final written decision by the Board, or a termination of a proceeding. 37 C.F.R. § 42.2. Government agencies on written request, or to any person on a showing of good cause under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), are granted.” slip op. at 3

    None
    Patents in suitUS 6,009,469
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