Microsoft Corporationv.Personal Audio LLC

Patent Trial and Appeal Board

Apr 13, 2015

08724813 (P.T.A.B. Apr. 13, 2015)

Trials@uspto.gov Paper 9
Tel: 571-272-7822 Entered: April 13, 2015
UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

MICROSOFT CORPORATION,
Petitioner,
v.
PERSONAL AUDIO LLC,
Patent Owner.

Case IPR2015-00494
Patent 6,199,076 B1

Before MITCHELL G. WEATHERLY, DAVID C. McKONE, and
BRIAN P. MURPHY, Administrative Patent Judges.
WEATHERLY, Administrative Patent Judge.
TERMINATION
Dismissing the Petition
37 C.F.R. §§ 42.5(a), 42.71(a)
On April 3, 2015, we authorized the parties via e-mail to file a joint
request to terminate this proceeding and to file the settlement agreement as
business confidential information under 37 C.F.R. § 42.74(c). On April 9,
2015, the parties filed their joint motion. Paper 6. With their joint motion to
terminate, the parties also filed a copy of a written settlement agreement that
IPR2015-00494
Patent 6,199,076 B1
2
their request be kept confidential. Paper 7, at 1; see also Paper 8 (a copy of
the settlement agreement).
We have not instituted trial in this proceeding. Thus, this proceeding
is in its initial stages. The parties indicate that they have agreed to resolve
all disputes between them related to the challenged patent. Paper 6, at 2.
Under these circumstances, we determine that it is appropriate to dismiss the
petition. See 37 C.F.R. §§ 42.5(a), 42.71(a). This paper does not constitute
a final written decision pursuant to 35 U.S.C. § 318(a).
Accordingly, it is
ORDERED that Personal Audio LLC and Microsoft Corporation’s
Joint Motion to Terminate Inter Partes Review Proceeding Pursuant to
35 U.S.C. § 317 is granted;
FURTHER ORDERED that the Petition for Inter Partes Review of
the above-referenced patent is dismissed; and
FURTHER ORDERED that Personal Audio LLC and Microsoft
Corporation’s Joint Request to File Release and License Agreement as
Business Confidential Information Under 35 U.S.C. § 317(b) and 37 C.F.R.
§ 42.74(c) is granted.
IPR2015-00494
Patent 6,199,076 B1
3
PETITIONER:
Tawni L. Wilhelm
John Golian
SHOOK, HARDY & BACON L.L.P.
twilhelm@shb.com
jgolian@shb.com
PATENT OWNER:
Minghui Yang
Greg Donahue
DINOVO PRICE ELLWANGER & HARDY LLP
myang@dpelaw.com
gdonahue@dpelaw.com