Good Technology Software, Inc.v.AirWatch LLC

Patent Trial and Appeal Board

May 5, 2015

13316073 (P.T.A.B. May. 5, 2015)

Trials@uspto.gov Paper 8
571-272-7822 Entered: May 5, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
_____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

GOOD TECHNOLOGY SOFTWARE, INC.,
Petitioner,

v.

AIRWATCH, LLC,
Patent Owner.
____________

Case IPR2015-00248
Patent 8,713,646 B2
____________

Before THOMAS L. GIANNETTI, JAMES B. ARPIN, and
MICHELLE N. WORMMEESTER, Administrative Patent Judges.

ARPIN, Administrative Patent Judge.

ORDER
Termination of the Proceeding
37 C.F.R. § 42.74

IPR2015-00248
Patent 8,713,646 B2
2
On May 1, 2015, the parties filed a Joint Motion to Terminate With Request
to Keep Separate (Paper 7; “Joint Mot.”) pursuant to 42 C.F.R. §§ 42.5(a),
42.71(a), and 42.74. In addition, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
§ 42.74(c), the parties filed a true copy of a Patent License and Settlement
Agreement (Ex. 1010). The Joint Motion to Terminate With Request to Keep
Separate identifies the Patent License and Settlement Agreement (Ex. 1010) as
business confidential and requests that the agreement be kept separate from the
patent file. Joint Mot. 4–5.
This case is in the preliminary proceeding
1
stage; no decision whether to
institute a trial has been made. The parties have identified various related, co-
pending U.S. and non-U.S. litigations and various related proceedings before the
U.S. Patent and Trademark Office (“USPTO”) involving the parties. See Joint
Mot. 2–3. The parties represent that the filed agreement settles all disputes
between the parties with respect to the above-captioned proceeding. Joint Mot. 1.
Further, the parties represent that, pursuant to the filed agreement, all related, co-
pending litigations involving the parties have been dismissed (id. at 2–3), and that
the parties are filing appropriate motions requesting termination of the related
proceedings before the USPTO (id. at 3). Under these circumstances, we
determine that good cause exists to terminate this case at this preliminary
proceeding stage and without rendering a final written decision.
ORDER

1
A preliminary proceeding begins with the filing of a petition for instituting a trial
and ends with a written decision as to whether trial will be instituted.
37 C.F.R. § 42.2.
IPR2015-00248
Patent 8,713,646 B2
3
Accordingly, it is
ORDERED that the Joint Motion to Terminate With Request to Keep
Separate is granted;
FURTHER ORDERED that the parties’ request that the Patent License and
Settlement Agreement (Ex. 1010) be treated as business confidential information,
to be kept separate from the patent file, is granted; and
FURTHER ORDERED that the case is terminated.

IPR2015-00248
Patent 8,713,646 B2
4

PETITIONER:

Phillip Bennett
Nicholas Transier
EIP US LLP
pbennett@eip.com
ntransier@eip.com

PATENT OWNER:

Matthew Kreeger
Diek Van Nort
MORRISON & FOERSTER LLP
MKreeger@mofo.com
DVannort@mofo.com