Trials@uspto.gov Paper 89
571-272-7822 Date: October 29, 2020
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________
COOLPAD TECHNOLOGIES, INC.,
Petitioner,
v.
BELL NORTHERN RESEARCH, LLC,
Patent Owner.
___________
IPR2019-01320
Patent 7,319,889
___________
Before MELISSA A. HAAPALA, STACY B. MARGOLIES,
and SCOTT E. BAIN, Administrative Patent Judges.
BAIN, Administrative Patent Judge.
TERMINATION
Due to Settlement After Institution of Trial
35 U.S.C. § 317; 37 C.F.R. § 42.74
IPR2019-00320
Patent 7,319,889
2
Pursuant to our authorization, the parties filed a Joint Motion to Terminate
the above-captioned proceeding. Paper 87. Along with the motion, the parties
filed a settlement agreement (Exhibit 2063) and a Joint Request to Keep Separate
(Paper 88). The parties request the settlement agreement be treated as business
confidential information and be kept separate from the file of the involved patent.
Paper 88, 1.
The parties state that they have settled their dispute regarding the challenged
patent, the settlement agreement has been made in writing, and a true and correct
copy of the agreement is filed as Exhibit 2063. Paper 87, 1–2. The parties further
state that the district court has dismissed the case relating to the challenged patent.
Id. at 2. The parties also assert that there are no public interest or other factors that
weigh against termination of this proceeding. Id. at 1–2.
We instituted trial on January 29, 2020 (Paper 18), but we have not yet
decided the merits, nor have we held oral argument. Under the circumstances, we
determine it is appropriate to terminate this proceeding. See 35 U.S.C. § 317(a).
We further determine it is appropriate to treat the settlement agreement as business
confidential information, and, therefore, grant the request. See 35 U.S.C. § 317(b);
37 C.F.R. § 42.74(c).
It is
ORDERED that the Joint Motion to Terminate this proceeding is
GRANTED and the proceeding is hereby terminated; and
FURTHER ORDERED that the Joint Request that the settlement agreement
(Exhibit 2063) be treated as business confidential information pursuant to
35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) is GRANTED.
IPR2019-00320
Patent 7,319,889
3
For PETITIONER:
Thomas Millikan
Bing Ai
John Schnurer
Yun Lu
Joseph Reid
James Hurt
PERKINS COIE LLP
millikan-ptab@perkinscoie.com
ai-ptab@perkinscoie.com
schnurer-ptab@perkinscoie.com
lu-ptab@perkinscoie.com
reid-ptab@perkinscoie.com
hurt-ptab@perkinscoie.com
For PATENT OWNER:
Steve Hartsell
Alexander Gasser
SHIERMONT DERBY LLP
shartsell@skiermontderby.com
agasser@skiermontderby.com
