Gameloft, Inc.v.Inventor Holdings. LLC

Patent Trial and Appeal Board

Nov 5, 2015

13734034 (P.T.A.B. Nov. 5, 2015)

Trials@uspto.gov Paper No. 9
571.272.7822 Entered: November 5, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

GAMELOFT, INC.,
Petitioner,

v.

INVENTOR HOLDINGS, LLC,
Patent Owner.
____________

Case IPR2015-01771
Patent 8,784,198
____________

Before SALLY C. MEDLEY, KERRY BEGLEY, and
BETH Z. SHAW, Administrative Patent Judges.

SHAW, Administrative Patent Judge.

JUDGMENT
Termination of Proceeding
37 C.F.R. § 42.72

On October 27, 2015, the parties filed a joint motion to terminate the
instant proceeding. Paper 8. In support of the motion, the parties allege
that they have agreed to terminate the proceeding because, in the related
district court litigation, the district court entered a decision finding all
IPR2015-01771
Patent 8,784,198

claims of U.S. Patent No. 8,784,198 (“the ’198 patent”) invalid under 35
U.S.C. § 101. Id. at 2. Patent Owner agreed that the judgement was final
and agreed not to appeal the district court judgement. Id. The parties filed
a copy of a Stipulation filed in the district court, which the parties contend
is the agreement required under 37 U.S.C. § 317(b). Id. at 3; Ex. 1012.
The Stipulation states, in part, that “the parties further stipulate that
Inventor Holdings waives appeal of the Final Judgment.” Ex. 1012 at 3.
Petitioner filed the Petition in this proceeding on August 19, 2015.
Patent Owner has not yet filed a Preliminary Response, which is due on or
before November 29, 2015. No decision whether to institute a trial has
been made.
Upon consideration of the joint request before us, terminating the
instant proceeding promotes efficiency and minimizes unnecessary costs. In
particular, there is no remaining public interest in another determination of
patentability of the ’198 patent because Patent Owner has agreed not to
appeal the ruling of invalidity of all claims of the ’198 patent, as determined
by the district court. Based on the facts of this case, it is appropriate to enter
judgment.1 See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72.

1 A judgment means a final written decision by the Board, or a termination
of a proceeding. 37 C.F.R. § 42.2.

IPR2015-01771
Patent 8,784,198

Accordingly, it is:
ORDERED that the joint motion to terminate IPR2015-01771 is
granted;
FURTHER ORDERED that the instant proceeding is hereby
terminated as to all parties.

FOR PETITIONER:
Eric Buresh
eric.buresh@eriseip.com

Mark Lang
mark.lang@eriseip.com

FOR PATENT OWNER:

Tarek N. Fahmi
tarek.fahmi@ascendalaw.com

Holly J. Atkinson
holly.atkinson@ascendalaw.com