Indeed, Inc.v.Career Destination Development, LLC

Patent Trial and Appeal Board

Dec 15, 2014

12846635 (P.T.A.B. Dec. 15, 2014)

Trials@uspto.gov Paper 21
Tel: 571-272-7822 Entered: December 15, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________
INDEED, INC. and MONSTER WORLDWIDE INC.,
Petitioner,
1

v.
CAREER DESTINATION DEVELOPMENT, LLC,
Patent Owner.
_______________

Cases CBM2014-00068 (Patent 7,424,438 B2)
CBM2014-00069 (Patent 8,374,901 B2)
CBM2014-00070 (Patent 8,374,901 B2)
CBM2014-00077 (Patent 7,424,438 B2)
_______________

Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and JUSTIN
BUSCH, Administrative Patent Judges.

MEDLEY, Administrative Patent Judge.

JUDGMENT
Termination of the Proceeding
37 C.F.R. § 42.73

1
In addition, the Ladders.com, Inc. is a real party-in-interest in CBM2014-00069
and CBM2014-00070.
CBM2014-00068 (Patent 7,424,438 B2)
CBM2014-00069 (Patent 8,374,901 B2)
CBM2014-00070 (Patent 8,374,901 B2)
CBM2014-00077 (Patent 7,424,438 B2)

2

On December 4, 2014, the parties informed the Board that the parties had
settled the proceedings, along with the related District Court cases, and that the
parties sought authorization to file a joint motion to terminate the proceedings. On
December 10, 2014, and pursuant to 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74, the
parties filed a joint motion to terminate each proceeding. See, e.g., CBM2014-
00068, Paper 18. The parties also filed a joint request in each proceeding to have
their agreement treated as confidential business information under 35 U.S.C.
§ 327(b) and 37 C.F.R. § 42.74(c). See, e.g., CBM2014-00068, Paper 19. In each
of the joint motions, the parties represent that each of the settlement agreements
filed is a true copy and resolves all disputes between the parties. See, e.g.
CBM2014-00068 Paper 18, 2.
These covered business method patent reviews were instituted on August 20,
2014. At this juncture of the proceedings, the Board does not have before it full
briefing on the trial issues and the Board has not entered a final decision. Based on
the facts of these cases, it is appropriate to enter judgment.
2
Therefore, the joint
motions to terminate the proceedings are granted.
Accordingly, it is
ORDERED that the parties’ joint requests that the settlement agreements be
treated as business confidential information, to be kept separate from the patent file
are granted; and

2
A judgment means a final written decision by the Board, or a termination of a
proceeding. 37 C.F.R. § 42.2.
CBM2014-00068 (Patent 7,424,438 B2)
CBM2014-00069 (Patent 8,374,901 B2)
CBM2014-00070 (Patent 8,374,901 B2)
CBM2014-00077 (Patent 7,424,438 B2)

3

FURTHER ORDERED that the joint motions to terminate the proceedings
are granted; and
FURTHER ORDERED that the proceedings are terminated.

CBM2014-00068 (Patent 7,424,438 B2)
CBM2014-00069 (Patent 8,374,901 B2)
CBM2014-00070 (Patent 8,374,901 B2)
CBM2014-00077 (Patent 7,424,438 B2)

4

For Petitioner:

Brian M. Buroker
Peter Weinberg
GIBSON, DUNN & CRUTCHER LLP
bburoker@gibsondunn.com
pweinberg@gibsondunn.com

For Patent Owner:

James J. Kernell
David L. Marcus
ERICKSON KERNELL DERUSSEAU
& KLEYPAS, LLC
jjk@kcpatentlaw.com
dmarcus@bmlawkc.com