Apple Inc.v.Cellular Communications Equipment LLCDownload PDFPatent Trial and Appeal BoardJun 16, 201509831689 (P.T.A.B. Jun. 16, 2015) Copy Citation Trials@uspto.gov Paper 8 571-272-7822 Entered: June 16, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ APPLE, INC., Petitioner, v. CELLULAR COMMUNICATIONS EQUIPMENT LLC, Patent Owner. Case IPR2015-00577 Patent 6,819,923 B1 Before JENNIFER S. BISK, GREGG I. ANDERSON, and ROBERT J. WEINSCHENK, Administrative Patent Judges. BISK, Administrative Patent Judge. DECISION Joint Motion to Terminate 37 C.F.R. §§ 42.71(a), 42.74 IPR2015-00577 Patent 6,819,923 B1 2 On June 9, 2015, Petitioner, Apple, and Patent Owner Cellular Communications Equipment LLC, filed a Joint Motion to Terminate this preliminary proceeding (Paper 6, “Mot.”), including a request to keep the simultaneously filed settlement agreement, Exhibit 1023 (designated as “Parties and Board Only”), as business confidential information under 37 C.F.R. § 317(b) and 37 C.F.R. § 42.74(c) (Paper 7). In their motion, the parties request termination of this proceeding because they have settled their dispute with regard to U.S. Patent No. 6,819,923 B1 (“the ’923 patent”) and the Office has not yet instituted trial in this proceeding. Mot. 3–4. Generally, the Board expects that a proceeding will terminate after the filing of a settlement agreement, if the settlement agreement includes all parties to the proceeding. See, e.g., Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). The parties filed such a settlement agreement. Ex. 1023. The motion represents that the settlement resolves the dispute between the parties, with respect to the ’923 patent, in related district court actions as well. Mot. 4–7. We are persuaded that, under these circumstances, it is appropriate to terminate this preliminary proceeding with respect to both Apple and Cellular Communications Equipment LLC, without deciding whether or not to institute an inter partes review. See 37 C.F.R. § 42.71(a). IPR2015-00577 Patent 6,819,923 B1 3 ORDER It is ORDERED that the joint motion to terminate this preliminary proceeding is granted; FURTHER ORDERED that this preliminary proceeding is terminated with respect to both Apple and Cellular Communications Equipment LLC; and FURTHER ORDERED that the parties’ settlement agreement, Exhibit 1023, will be kept as confidential business information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). For PETITIONER: Joseph Micallef Jeffrey Kushan iprnotices@sidley.com For PATENT OWNER: Barry Bumgardner barry@nelbum.com Steven Latimer brannon@nelbum.com Amedeo Ferraro CCE-IPR@martinferraro.com IPR2015-00577 Patent 6,819,923 B1 4 Copy with citationCopy as parenthetical citation