Hewlett-Packard Companyv.Abstrax, Inc.

Patent Trial and Appeal Board

May 18, 2015

08430111 (P.T.A.B. May. 18, 2015)

Trial@uspto.gov
571-272-7822
Paper No. 11
Date Entered: May 18, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

HEWLETT-PACKARD COMPANY,
Petitioner,

v.

ABSTRAX, INC.,
Patent Owner.
____________

Case IPR2015-00270
Patent 6,240,328 B1
____________

Before BRIAN J. McNAMARA, JENNIFER M. MEYER, and
MINN CHUNG, Administrative Patent Judges.

McNAMARA, Administrative Patent Judge.

JUDGMENT
TERMINATION OF THE PROCEEDING

37 C.F.R. § 42.73

IPR2015-00270
Patent 6,240,328 B1

2

The parties have requested that this trial proceeding be terminated pursuant
to a settlement. On May 6, 2015, we authorized the parties to file a Joint Motion
To Terminate and a Joint Request to File the Settlement Agreement as Business
Confidential under 37 C.F.R. 42.74(c). Paper 8. On May 8, 2015, the parties filed
a Joint Motion to Terminate, Paper 9, and a Joint Request that the Settlement
Agreement Be Treated As Business Confidential Information and Kept Separate,
Paper 10. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. The parties also filed a copy
of their written settlement agreement. Ex. 2003.
This matter was in the preliminary stages at the time the parties moved to
terminate, and a decision to institute a trial had not been entered. The parties have
not identified any other related matters. Under these circumstances, the Board
determines that it is appropriate to enter judgment
1
and terminate the trial 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;
FURTHER ORDERED that the parties’ joint request that the settlement
agreement be treated as business confidential information which shall be kept
separate from the file of the involved patents under the provisions of
35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is GRANTED.

1
A judgment means a final written decision by the Board, or a termination of a
proceeding. 37 C.F.R. § 42.2.
IPR2015-00270
Patent 6,240,328 B1

3

PETITIONER: (via electronic transmission)

Joshua Griswold
Griswold@fr.com

Katherine Kelly
IPR18296-0052IP1@fr.com

Anthony J. Baca
Tony.baca@hp.com

PATENT OWNER: (via electronic transmission)

Charles Wieland
Charles.wieland@bipc.com

Robert Mukai
Robert.mukai@bipc.com