PTAB
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7 decisions · 306msnewest first
  • PTAB · Oct 31, 2014 · IPR2014-00323 · APJ Brian J Mcnamara · IPR · Order

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

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

      “Paper 10. Patent Owner has not yet filed a Patent Owner Response and the parties have not taken any discovery. Paper 20, 1. In a telephone conference on October 23, 2014, the parties confirmed that there are no other written or verbal agreements between them concerning the patent that is the subject of this proceeding. Under these circumstances, the Board determines that it is appropriate to enter judgment1 and terminate the trial without rendering a final written decision. 37 C.F.R. § 42.72. It is, therefore, ORDERED that the joint motion to terminate the proceeding is GRANTED and the proceeding is hereby terminated; FURTHER ORDERED that the parties’ joint request that the settlement agreement be treated as business confidential information which shall be kept separate from the file of the involved patents under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is GRANTED.” slip op. at 2

    None
    Patents in suitUS 8,220,959
  • PTAB · Jun 11, 2014 · IPR2014-00362 · APJ Sally C Medley · IPR · Order

    The Board granted the parties’ joint motion to terminate the proceeding before institution and granted their request to keep the settlement agreement confidential.

    RulingsOther
    • PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingGranted

      “§ 42.74, the parties filed a true copy of a settlement agreement along with a joint request to treat the settlement agreement as business confidential, to be kept separate from the patent file. In addition, the parties filed a joint motion to terminate the proceeding pursuant to 35 U.S.C. § 317. This case is in the preliminary proceeding1 stage; no institution of a trial has been made. Based on the facts of this case, it is appropriate to enter judgment.2 Therefore, the joint motion to terminate the proceeding is granted.” slip op. at 1

    None
    Patents in suitUS 6,306,141
  • PTAB · Mar 31, 2014 · IPR2013-00241 · APJ Brian J Mcnamara · IPR · Order

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

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

      “Under these circumstances, we determine that it is appropriate to enter judgment1 and to terminate the trial without rendering a final written decision. 37 C.F.R. § 42.72. It is, therefore, ORDERED that the joint motion to terminate the proceeding is GRANTED and the proceeding is hereby terminated; and FURTHER ORDERED that the parties’ joint request that the settlement agreement be treated as business confidential information which shall be kept separate from the file of the involved patents under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is GRANTED.” slip op. at 3

    None
    Patents in suitUS 6,370,954
  • PTAB · Mar 31, 2014 · IPR2013-00254 · APJ Brian J Mcnamara · IPR · Order

    The Board granted the parties’ joint motion to terminate the proceeding and their request to keep the settlement confidential, without issuing a final written decision.

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

      “It is, therefore, ORDERED that the joint motion to terminate the proceeding is GRANTED, and the proceeding is hereby terminated; and FURTHER ORDERED that the parties’ joint request that the settlement agreement be treated as business confidential information which shall be kept separate from the file of the involved patents under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is GRANTED.” slip op. at 3

    None
    Patents in suitUS 6,034,419
  • PTAB · Mar 11, 2014 · IPR2013-00244 · APJ Brian J Mcnamara · IPR · Order

    The Board granted the parties’ joint motion to terminate the instituted proceeding after settlement, without issuing a final written decision.

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

      “2013. Paper 12. However, this matter was in the preliminary stages at the time the parties moved to terminate and a Patent Owner Response has not yet been filed. In the Motion To Terminate, the parties indicate that there are no current litigations involving the subject U.S. Patent No. 8,419,214 B2. Under these circumstances, the Board determines that it is appropriate to enter judgment1 and terminate the trial without rendering a final written decision. 37 C.F.R. § 42.72. It is, therefore, ORDERED that the joint motion to terminate the proceeding is GRANTED and the proceeding is hereby terminated; FURTHER ORDERED that the parties’ joint request that the settlement agreement be treated as business confidential information which shall be kept separate from the file of the involved patents under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is GRANTED.” slip op. at 2

    None
    Patents in suitUS 8,419,214
  • PTAB · Mar 11, 2014 · IPR2013-00238 · APJ Brian J Mcnamara · IPR · Order

    The Board granted the parties’ joint motion, terminated the proceeding after settlement, and did not issue a final written decision.

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

      “to a settlement. On February 25, 2014, the Board authorized the parties to file a Joint Request To Terminate and a Joint Request to File the Settlement as Business Confidential under 37 C.F.R. 42.74(c). Paper 24. On February 27, 2014, the parties filed a Joint Motion Terminate and a Joint Request To Keep Paper Separate as Business Confidential Information. Paper 25. See 35 U.S.C. § 317; 37 C.F.R. § 42.72. With their Motion To Terminate and Seal, the parties also filed a copy of a written settlement agreement. Ex. 2009.” slip op. at 2

    None
    Patents in suitUS 8,220,959
  • PTAB · Jul 22, 2013 · IPR2013-00216 · APJ Joni Y Chang · IPR · Order

    The Board granted the parties’ joint motion and terminated the proceeding before institution.

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

      “Generally, 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. 48756, 48768 (Aug. 14, 2012). Applied Voice & Speech Technologies, Inc. (“AVST”) filed a petition for an inter partes review on March 26, 2013. (Paper 1.) The Board has not authorized institution of the inter partes review. As no trial has been instituted based on AVST’s petition, this proceeding is in the preliminary proceeding1 stage. Based on the facts of this case, it is appropriate to enter judgment.2” slip op. at 2

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

      “On July 19, 2013, the parties filed a joint motion to terminate the instant proceeding accompanied by a true copy of a settlement agreement and a joint request to treat the settlement agreement as business confidential, pursuant to 35 U.S.C. § 317 and 37 C.F.R. § 42.74. (Papers 14 and 15; Ex. 2001.) The parties indicate that they have reached an agreement resolving the dispute in the instant proceeding and the related litigation. (Paper 14.) They also filed a copy of the Agreed Motion to Dismiss with Prejudice the related litigation. (Ex. 2002.) The Motion was granted and, as the result, the related litigation was dismissed on July 8, 2013. (Paper 14.) The parties urge the Board to terminate the instant proceeding, as the proceeding is in its preliminary stage and neither party has had an opportunity to present evidence and arguments. (Id.) Generally, 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. 48756, 48768 (Aug. 14, 2012). Applied Voice & Speech Technologies, Inc. (“AVST”) filed a petition for an inter partes review on March 26, 2013. (Paper 1.) The Board has not authorized institution of the inter partes review. As no trial has been instituted based on AVST’s petition, this proceeding is in the preliminary proceeding1 stage. Based on the facts of this case, it is appropriate to enter judgment.2” slip op. at 2

    None
    Patents in suitUS 5,572,576

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