American Express Company et al. v Metasearch Systems, LLC

Patent Trial and Appeal Board

Jan 14, 2014

12202430 (P.T.A.B. Jan. 14, 2014)

Trials@uspto.gov Paper 19
Tel: 571-272-7822 Entered: January 14, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________
AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS TRAVEL
COMPANY, INC., EXPEDIA, INC., HOTELS.COM GP, HOTWIRE, INC.,
ORBITZ WORLDWIDE, INC., PRICELINE.COM, INC., TRAVELOCITY.COM
LP, and YAHOO! INC
Petitioner
v.
METASEARCH SYSTEMS, LLC
Patent Owner
_______________

Case CBM2014-00019
Patent 7,490,091
_______________

Before HOWARD B. BLANKENSHIP, KARL D. EASTHOM, and
BARBARA A. BENOIT, Administrative Patent Judges.

EASTHOM, Administrative Patent Judge.

JUDGMENT
Termination of the Proceeding
37 C.F.R. § 42.73

On December 30, 2013, the parties filed a joint motion to terminate this
proceeding, along with a true copy of their written settlement agreement, made in
connection with the termination of the instant proceeding, in accordance with 35
U.S.C. § 327 and 37 C.F.R. § 42.74(b). Paper 17; Ex. 1017. The parties state
Exhibit 1017, a copy of a Joint Stipulation and Proposed Order that the parties filed
Case CBM2014-00019
Patent 7,490,091

2

in several related district court cases in the District Court for the District Court of
Delaware, and also a stay order entered in those cases pursuant to the stipulation,
“constitutes a true copy of the parties’ agreement.” Paper 17, 1.
Patent Owner has not filed a preliminary response. The Board has not
instituted trial, does not have before it full briefing on the trial issues, and has not
entered a final decision. Accordingly, it is appropriate to enter judgment without
rendering a final written decision. See 35 U.S.C. § 327(a); 37 C.F.R. § 42.72.
1

It is
ORDERED that the joint motion to terminate CBM2014-00019 is granted;
and
FURTHER ORDERED that the proceeding is terminated.

1
A judgment “means a final written decision by the Board, or a termination of a
proceeding.” 37 C.F.R. § 42.2.
Case CBM2014-00019
Patent 7,490,091

3

Petitioner:
John Vandenberg
john.vandenberg@klarquist.com
Kristen Reichenbach
kristen.reichenbach@klarquist.com

Patent Owner:
Cyrus Morton
camorton@rkmc.com
Ryan Schultz
rmschultz@rkmc.com