Asustek Computer Inc.v.Better Mouse Company, LLC

Patent Trial and Appeal Board

Mar 11, 2015

11036127 (P.T.A.B. Mar. 11, 2015)

Trials@uspto.gov Paper 14
571-272-7822 Entered: March 11, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
_____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

ASUSTEK COMPUTER INC., DEXIN ELECTRONICS CO., LTD., AND
THERMALTAKE TECHNOLOGY,
Petitioner

v.

BETTER MOUSE CO., LLC,
Patent Owner
____________

Case IPR2014-01108
Patent 7,532,200 B2

____________

Before MICHAEL W. KIM, ERICA A. FRANKLIN, and
MICHAEL J. FITZPATRICK, Administrative Patent Judges.

KIM, Administrative Patent Judge.

JUDGMENT
Termination of the Proceeding
37 C.F.R. § 42.72
The Board authorized the parties to file a joint request to terminate the
above-captioned proceeding.
On March 9, 2015, and pursuant to 35 U.S.C. § 317, the parties filed a joint
motion to terminate the above-captioned proceeding (Paper 13), along with a copy
IPR2014-01108
Patent 7,532,200 B2

2
of the settlement agreement (Ex. 2003). The joint motion also includes a request to
file the settlement agreement as business confidential information, to be kept
separate from the patent file pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
§ 42.74(c).
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.” The requirement for
terminating review with respect to Petitioner is met.
Under 35 U.S.C. § 317(a), “[i]f no petitioner remains in the inter partes
review, the Office may terminate the review or proceed to a final written decision
under section 318(a).” Asustek Computer Inc., Dexin Electronics Co., Ltd., and
Thermaltake Technology represent all petitioners in this review. The Board has
discretion to terminate this review with respect to Better Mouse Co., LLC as Patent
Owner. The above represent all parties in this proceeding.
The joint motion indicates that the parties have settled their dispute, and
have reached agreement to terminate this proceeding. Paper 13, 1, 3. The joint
motion indicates further that Asustek Computer Inc. and Thermaltake Technology
have memorialized their agreement with respect to a joint stipulation for dismissal
with prejudice of the underlying district court cases between the parties involving
the ’200 patent in the settlement agreement. Paper 13, 2; Ex. 2003. The joint
motion identifies the following underlying district court cases between the parties
regarding the ’200 patent: Better Mouse Company, LLC v. ASUSTek Computer
Inc., et al., Case No. 2:14-cv-296 (E.D. Tex.); Better Mouse Company, LLC v.
Thermaltake Technology Co., Ltd., et al., Case No. 2:14-cv-299 (E.D. Tex.).
Paper 13, 2. There are no collateral side agreements. Ex. 2003, 7.
IPR2014-01108
Patent 7,532,200 B2

3
Petitioner filed a Petition on July 22, 2014, and Patent Owner filed a
Preliminary Response to the Petition on October 31, 2014. The Board instituted
inter partes review on January 13, 2015. Patent Owner has not filed a patent
owner response. This proceeding has not resulted in a final decision on the merits.
Based on the facts of the case, it is appropriate to terminate the proceeding
as to both Petitioner and Patent Owner. Therefore, the joint motion to terminate
and the request to file the settlement agreement as business confidential
information are granted.
Accordingly, it is
ORDERED that the joint request to file the settlement agreement as business
confidential information, to be kept separate from the patent file, is granted;
FURTHER ORDERED that the joint motion to terminate the proceeding is
granted; and
FURTHER ORDERED that the proceeding is terminated.

IPR2014-01108
Patent 7,532,200 B2

4
For PETITIONER:

Bryan D. Zerhusen
Bryaz.zerhusen@lockelord.com

Steven F. Meyer
smeyer@lockelord.com

For PATENT OWNER

David Judson
mail@davidjudgson.com

Larry Thompason
larry@ahtlawfirm.com

Zachariah Harrington
zac@ahtlawfirm.com