International Business Machines Corporationv.Financial Systems Technology ..INTELLECTUAL PROPERTY.. Pty. LTDDownload PDFPatent Trial and Appeal BoardFeb 12, 201311152833 (P.T.A.B. Feb. 12, 2013) Copy Citation Trials@uspto.gov Paper 11 Tel: 571-272-7822 Entered: February 12, 2013 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ INTERNATIONAL BUSINESS MACHINES CORPORATION Petitioner v. FINANCIAL SYSTEMS TECHNOLOGY (INTELLECTUAL PROPERTY) PTY. LTD. Patent Owner _______________ Case IPR2013-00078 Patent RE40,526 _______________ Before SALLY C. MEDLEY, KARL D. EASTHOM, and STEPHEN C. SIU, Administrative Patent Judges. MEDLEY, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 37 C.F.R. § 42.73 On February 8, 2013, and pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74, the parties filed a copy of a settlement agreement along with a joint request to treat the settlement agreement as business confidential, to be kept Case IPR2013-00078 Patent RE40,526 2 separate from the patent file. In addition, the parties filed a joint motion to terminate the proceeding pursuant to 35 U.S.C. § 317. This case is in the preliminary proceeding 1 stage; no institution of a trial has been made. Based on the facts of this case, it is appropriate to enter judgment. 2 Therefore, the joint motion to terminate the proceeding is GRANTED. Accordingly, it is ORDERED that the parties’ joint request that the settlement agreement be treated as business confidential information, to be kept separate from the patent file is GRANTED; and FURTHER ORDERED that the joint motion to terminate the proceeding is GRANTED; and FURTHER ORDERED that the proceeding is TERMINATED. 1 A preliminary proceeding begins with the filing of a petition for instituting a trial and ends with a written decision as to whether a trial will be instituted. 37 C.F.R. § 42.2. 2 A judgment means a final written decision by the Board, or a termination of a proceeding. 37 C.F.R. § 42.2. Case IPR2013-00078 Patent RE40,526 3 PETITIONER: Kenneth R. Adamo Joel R. Merkin KIRKLAND & ELLIS LLP Email: kenneth.adamo@kirkland.com Email: joel.merkin@kirkland.com PATENT OWNER: Scott A. McKeown Michael L. Kiklis OBLON, SPIVAK, McCLELLAND, MAIER & NEUSTADT, L.L.P. Email: CPdocketMcKeown@oblon.com Email: CPdocketKiklis@oblon.com Copy with citationCopy as parenthetical citation
