802 Systems Inc.

Patent Trials and Appeals Board

Sep 30, 2021

IPR2021-00619 (P.T.A.B. Sep. 30, 2021)

Trials@uspto.gov Paper 10
571-272-7822 Date: September 30, 2021

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

CISCO SYSTEMS, INC.,
Petitioner,
v.
802 SYSTEMS INC.,
Patent Owner.

IPR2021-00619
Patent 7,013,482 B1

Before JOSIAH C. COCKS, LYNNE E. PETTIGREW, and
FREDERICK C. LANEY, Administrative Patent Judges.
LANEY, Administrative Patent Judge.
DECISION
Settlement Prior to Institution of Trial
37 C.F.R. § 42.74

IPR2021-00619
Patent 7,013,482 B1
2
On September 29, 2021, the parties filed a “Joint Motion to Dismiss
Inter Partes Review Petition” (Paper 8), and a “Joint Request to Keep
Agreement Confidential and Separate” (Paper 9).1 The parties also filed a
copy of the written settlement agreement. Ex. 1027.
We have not instituted trial in this proceeding. Thus, this proceeding
is in its initial stages. The parties indicate that they have settled their dispute
with respect to the challenged patent. Paper 8, 1. Under these
circumstances, we determine that it is appropriate to dismiss the Petition.
See 37 C.F.R. §§ 42.5(a), 42.71(a).
It is
ORDERED that the parties’ “Joint Motion to Dismiss Inter Partes
Review Petition” (Paper 8) is granted;
FURTHER ORDERED that the Petition for Inter Partes Review of
the above-referenced patent is dismissed; and
FURTHER ORDERED that, as was requested timely by the parties
(Paper 9), the settlement agreement (Ex. 1027) will be treated as business
confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c)
and be kept separate from the file of the involved patent.

1 The filings were authorized in e-mail correspondence from Board
personnel on September 28, 2021.
IPR2021-00619
Patent 7,013,482 B1
3
FOR PETITIONER:
Theodore M. Foster
David L. McCombs
Calmann J. Clements
Scott T. Jarratt
HAYNES AND BOONE, LLP
ipr.theo.foster@haynesboone.com
david.mccombs.ipr@haynesboone.com
calmann.clements.ipr@haynesboone.com
scott.jarratt.ipr@haynesboone.com

FOR PATENT OWNER:
Robert A. Delafield II
M. Hill Brakefield
NELSON BUMGARDNER ALBRITTON P.C.
bobby_delafield@yahoo.com
hill@nbafirm.com