NavBlazer, LLCDownload PDFPatent Trials and Appeals BoardDec 16, 2020IPR2020-01254 (P.T.A.B. Dec. 16, 2020) Copy Citation Trials@uspto.gov Paper 8 571-272-7822 Entered: December 16, 2020 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ APPLE INC., Petitioner, v. NAVBLAZER, LLC, Patent Owner. _______________ IPR2020-01253 (Patent 9,075,136 B1)1 IPR2020-01254 (Patent 9,885,782 B2) ____________ Before KEVIN F. TURNER, JOHN A. HUDALLA, and AARON W. MOORE, Administrative Patent Judges. TURNER, Administrative Patent Judge. DECISION Settlement Prior to Institution of Trial 37 C.F.R. § 42.74 On December 14, 2020, the parties filed a Joint Motion to Terminate Proceedings in each of the above cited proceedings, with joint requests to treat as confidential the Settlement Agreement in each (Papers 6 and 7, in each proceeding). The above filings were authorized pursuant to an email sent by the Board on December 11, 2020. 1 The parties are not authorized to use this case caption, or to file consolidated papers. IPR2020-01253, IPR2020-01254 Patents 9,075,136 B1; 9,885,782 B2 2 There are strong public policy reasons to favor settlement between the parties to a proceeding. Office Patent Trial Practice Guide, 84 Fed. Reg. 64,280 (Nov. 21, 2019). These matters are in the preliminary stage; decisions whether to institute trial have not been issued in these cases. In view of the early stage of these proceedings and the settlement between the parties, we determine that it is appropriate to dismiss the petitions and terminate the proceedings as to the parties without rendering a decision on institution or a final written decision. The Settlement Agreement appears to be a true copy of the agreement between the parties, specifies the instant proceedings, and identifies other matters that are to be settled between the parties. IPR2020-01253, Ex. 1010; IPR2020-01254, Ex. 1009. It also appears to contain confidential business information regarding the terms of settlement. Thus, we determine the Settlement Agreement between the parties shall be treated as business confidential information under 37 C.F.R. § 42.74(c) and shall be kept separate from the files of the involved patents and associated proceeding. This paper does not constitute a final written decision pursuant to 35 U.S.C. § 318(a). Accordingly, it is ORDERED that the Joint Motions to Terminate Proceeding are granted; and FURTHER ORDERED that the Settlement Agreement (IPR2020- 01253, Ex. 1010; IPR2020-01254, Ex. 1009) shall be treated as business confidential information, be designated “Board and Parties Only,” and be kept separate from the file of the involved patent under the provisions of 37 C.F.R. § 42.74(c). IPR2020-01253, IPR2020-01254 Patents 9,075,136 B1; 9,885,782 B2 3 PETITIONER: Adam P. Seitz Paul R. Hart ERISE IP, P.A. adam.seitz@eriseip.com paul.hart@eriseip.com PATENT OWNER: René A. Vazquez SINERGIA TECHNOLOGY LAW GROUP, PLLC rvazquez@sinergialaw.com M. Scott Fuller GARTEISER HONEA PLLC sfuller@ghiplaw.com Copy with citationCopy as parenthetical citation