Porsche Cars North America, Inc. v Vehicle Interface Technologies, LLC

Patent Trial and Appeal Board

Apr 15, 2014

10376783 (P.T.A.B. Apr. 15, 2014)

Trials@uspto.gov Paper 14
571-272-7822 Entered: April 15, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

PORSCHE CARS NORTH AMERICA, INC.
Petitioner

v.

VEHICLE INTERFACE TECHNOLOGIES, LLC
Patent Owner
____________

Case IPR2014-00014
Patent 6,842,677 B2
____________

Before FRANCISCO C. PRATS, JOSIAH C. COCKS, and
CARL M. DEFRANCO, Administrative Patent Judges.

COCKS, Administrative Patent Judge.

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

Case IPR2014-00014
Patent 6,842,677 B2

2
On April 9, 2014, the parties filed a joint motion to terminate this
proceeding. Paper 11 (“Joint Motion to Terminate”); see 35 U.S.C. § 317(a); 37
C.F.R. § 42.72. The parties filed a copy of their written settlement agreement
(Exhibit 2003), dated April 9, 2014, as well as a request (Paper 12) to treat the
settlement agreement as business confidential information under 35 U.S.C.
§ 317(b) and 37 C.F.R. § 42.74(c). The parties stated in their motion that they
“have settled their dispute, and have reached agreement to terminate this inter
partes review.” Paper 11, 1.
The parties are reminded that the Board is not a party to the settlement, and
may identify independently any question of patentability. 37 C.F.R § 42.74(a).
Generally, however, the Board expects that a proceeding will terminate after the
filing of a settlement agreement. See, e.g., Office Patent Trial Practice Guide, 77
Fed. Reg. 48756, 48768 (Aug. 14, 2012). This proceeding is still in the
preliminary stages. The Board has not instituted a trial. Petitioner indicates that it
will no longer participate in this inter partes review proceeding even if the Board
does not terminate the proceeding. Paper 11, 4. Under the circumstances, the
Board determines that it is appropriate to terminate this proceeding without
rendering either a decision to institute or a final written decision. See 37 C.F.R.
§ 42.72.
ORDER
In consideration of the foregoing, it is hereby:
ORDERED that the parties’ joint request that the settlement agreement
(Exhibit 2003) be treated as business confidential information under 35 U.S.C.
§ 317(b) and 37 C.F.R. § 42.74(c) is GRANTED; and
FURTHER ORDERED that the joint motion to terminate the proceeding is
GRANTED and this proceeding is terminated.
Case IPR2014-00014
Patent 6,842,677 B2

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PETITIONER:

Edgar H. Haug
Eugene LeDonne
David V. Rossi
FROMMER LAWRENCE & HAUG LLP
pcna.vit.ipr@flhlaw.com

PATENT OWNER:

Tarek N. Fahmi
FAHMI, SELLERS, EMBERT & DAVITZ
tarek.fahmi@fseip.com