Dell Inc.v.NovelPoint Security LLCDownload PDFPatent Trial and Appeal BoardJun 14, 201308089637 (P.T.A.B. Jun. 14, 2013) Copy Citation Trials@uspto.gov Paper 13 571-272-7822 DATE ENTERED: June 14, 2013 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Dell Inc. Petitioner v. NovelPoint Security LLC Patent Owner ____________ Case IPR2013-00202 Patent 5,434,562 ____________ Before KEVIN F. TURNER, THOMAS L. GIANNETTI, and RAMA G. ELLURU, Administrative Patent Judges. ELLURU, Administrative Patent Judge. JUDGMENT TERMINATION OF THE PROCEEDING 37 C.F.R. §§ 42.72 Case IPR2013-00202 Patent 5,434,562 2 On June 6, 2013, the parties filed a joint motion (Paper No. 11) to terminate this trial proceeding. See 35 U.S.C. § 317(a), 37 C.F.R. § 42.72. Concurrent with the motion requesting termination, the parties filed a copy of the written settlement agreement to terminate the proceeding (Ex. 2002) and a request to treat the settlement agreement as business confidential information. See 35 U.S.C. § 317(b); 37 C.F.R. § 42.74(c). In addition, a telephone conference call was held on June 11, 2013, to discuss the joint motion to terminate. The participants were Michael J. Sheer for the Petitioner, Sanjay Pant for the Patent Owner, and Administrative Patent Judges Kevin F. Turner, Thomas L. Giannetti, and Rama G. Elluru. The parties did not raise any additional issues during the call. This proceeding is in the preliminary stages. Petitioner filed its petition on March 25, 2013, and the Patent Owner has not yet filed a preliminary response, which has a due date of June 25, 2013. The parties have agreed to settle their dispute and have reached an agreement to terminate this inter review proceeding. Under these circumstances, the Board determines that it is appropriate to terminate the proceeding without rendering a final written decision. 37 C.F.R. § 42.72. It is, therefore, ORDERED that the joint motion to terminate the proceeding is GRANTED and the proceeding is hereby terminated; and FURTHER ORDERED that the parties’ joint request that the settlement agreement be treated as business confidential information, kept separate from the file of the involved patents, and made available only to Federal Government agencies on written request, or to any person on a showing of good cause is GRANTED. See 35 U.S.C. § 317(b); 37 C.F.R. § 42.74(c). Case IPR2013-00202 Patent 5,434,562 3 For Patent Owner: Sanjay Pant Lillian Woung NOVELPOINT SECURITY LLC spant@novelpt.com lwoung@novelpt.com For Petitioner: Michael J. Scheer Thomas M. Dunham WINSTON & STRAWN LLP mscheer@winston.com tdunham@winston.com Copy with citationCopy as parenthetical citation
