JPMorgan Chase & Co.v.Maxim Integrated Products, Inc.Download PDFPatent Trial and Appeal BoardFeb 27, 201508594975 (P.T.A.B. Feb. 27, 2015) Copy Citation Trials@uspto.gov Paper No. 15 571-272-7822 Entered: February 27, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ JP MORGAN CHASE & CO., and JP MORGAN CHASE BANK, N.A., Petitioner, v. MAXIM INTEGRATED PRODUCTS, INC., Patent Owner. ____________ Case CBM2014-00179 Patent 5,940,510 ____________ Before TREVOR M. JEFFERSON, MITCHELL G. WEATHERLY, and KERRY BEGLEY, Administrative Patent Judges. BEGLEY, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 35 U.S.C. § 327(a) and 37 C.F.R. § 42.72 CBM2014-00179 Patent 5,940,510 2 On February 25, 2015, Petitioners JP Morgan Chase & Co. and JP Morgan Chase Bank, N.A (collectively, “Chase”) and Patent Owner Maxim Integrated Products, Inc. (“Maxim”) filed a Joint Motion to Terminate this proceeding pursuant to 35 U.S.C. § 327. Paper 13. Along with the motion, the parties filed a copy of their Settlement Agreement, made in connection with the termination of the proceeding, in accordance with 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(b). Ex. 2006. The parties also submitted a Joint Request to have the Settlement Agreement treated as business confidential information under 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(c). Paper 14. For the reasons set forth below, the Joint Motion to Terminate and the Joint Request are granted. In their Joint Motion to Terminate, the parties indicate that they have settled all disputes between them involving the patent-at-issue in this proceeding, U.S. Patent No. 5,940,510. Paper 13. In particular, the parties represent that the Settlement Agreement resolves their dispute in this proceeding and the related district court case. Id.; see Ex. 2004. This trial is in its initial stages. We instituted trial in this proceeding on February 20, 2015—just five days before the parties filed the present motion to terminate. Paper 11. Therefore, Maxim has not filed a Patent Owner Response, Chase has not filed a Reply, and the Board has not held an oral hearing in this proceeding. Generally, the Board expects that “a proceeding will terminate after the filing of a settlement agreement, unless the Board has already decided the merits of the proceeding.” Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012); see 37 C.F.R. § 42.72. Upon CBM2014-00179 Patent 5,940,510 3 consideration of the facts before us, we determine that it is appropriate to terminate this trial without rendering a final written decision, and to enter judgment. See 37 C.F.R. § 42.72. ORDER For the foregoing reasons, it is: ORDERED that the Joint Motion to Terminate Proceeding Pursuant to 35 U.S.C. § 327 is granted; and FURTHER ORDERED that the Joint Request to File Settlement Agreement as Business Confidential Information Under 35 U.S.C. § 327(b) is granted. CBM2014-00179 Patent 5,940,510 4 PETITIONER: Andrea G. Reister Jay I. Alexander Gregory S. Discher COVINGTON & BURLING LLP One CityCenter 850 Tenth Street, NW Washington, DC 20001-4956 areister@cov.com jalexander@cov.com gdischer@cov.com PATENT OWNER: Kenneth J. Weatherwax Parham Hendifar GOLDBERG, LOWENSTEIN & WEATHERWAX LLP 11400 West Olympic Boulevard, Suite 400 Los Angeles, California 90064 weatherwax@glwllp.com hendifar@glwllp.com Copy with citationCopy as parenthetical citation