CenturyLink Communications, LLCv.Network Congestion Solutions, LLC

Patent Trial and Appeal Board

Nov 2, 2015

09304188 (P.T.A.B. Nov. 2, 2015)

Trials@uspto.gov Paper No. 9
571-272-7822 Entered: November 2, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

CENTURYLINK COMMUNICATIONS, LLC,
Petitioner,

v.

NETWORK CONGESTION SOLUTIONS LLC,
Patent Owner.
____________

Case IPR2015-01575
U.S. Patent No. 6,826,620
____________

Before MICHAEL W. KIM, DANIEL N. FISHMAN and
GREGG I. ANDERSON, Administrative Patent Judges.

ANDERSON, Administrative Patent Judge.

DECISION
Joint Motion to Terminate
37 C.F.R. § 42.5(a), 42.71(a)

On October 28, 2015, the parties filed a “Joint Motion to Terminate
Proceedings” (“Joint Motion to Terminate”) based on a Patent License and
IPR2015-01575
U.S. Patent No. 6,826,620

2
License Option Agreement (“License”) and Release Agreement (“Release”)
that resolves the parties’ disputes related to the challenged patent. Paper 7.
The parties concurrently filed a copy of the License (Ex. 2001) and Release
(Ex. 2002) along with a “Joint Motion to File Agreements as Business
Confidential Information” (“Confidentiality Request”) pursuant to 35 U.S.C.
§ 317(b) and 37 C.F.R. § 42.74(c). Paper 8. The Confidentiality Request
also seeks to have the License and Release kept separate from the file of the
challenged patent, the License to be filed in PRPS as “Board Only” and the
Release to be filed in PRPS as “Parties and Board Only.” Id. at 1; see also
37 C.F.R. § 42.74(c) (“A party to a settlement may request that the
settlement be treated as business confidential information and be kept
separate from the files of an involved patent or application.”).
We have not yet entered a decision on institution. Under these
circumstances, we determine that it is appropriate to dismiss the Petition.
See 37 C.F.R. §§ 42.5(a), 42.71(a). This paper does not constitute a final
written decision pursuant to 35 U.S.C. § 318(a).
ORDER
Accordingly, it is
ORDERED that the Joint Motion to Terminate is granted; and
FURTHER ORDERED that the License (Exhibit 2001) and Release
(Exhibit 2002) be treated as business confidential information, be designated
“Board Only” and “Parties and Board Only” respectively and both will be
kept separate from the files of the involved U.S. Patent No. 6,826,620.

IPR2015-01575
U.S. Patent No. 6,826,620

3
For PETITIONER:

Marc Kaufman
Doyle Johnson
REED SMITH LLP
mskaufman@reedsmith.com
dbjohnson@reedsmith.com

For PATENTOWNER:

Joseph P. Oldaker
NELSON BUMGARDNER, P.C.
joseph@nelbum.com