Sable IP, LLCDownload PDFPatent Trials and Appeals BoardFeb 11, 2021IPR2021-00259 (P.T.A.B. Feb. 11, 2021) Copy Citation Trials@uspto.gov Paper 9 571-272-7822 Entered: February 11, 2021 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ JUNIPER NETWORKS, INC., Petitioner, v. SABLE NETWORKS, INC., Patent Owner. ____________ IPR2021-00101 (Patent 8,085,775 B1) IPR2021-00259 (Patent 8,817,790 B2)1 ____________ Before GARTH D. BAER, SCOTT B. HOWARD, and JULIET MITCHELL DIRBA, Administrative Patent Judges. BAER, Administrative Patent Judge. DECISION Granting Joint Motions to Terminate Proceeding Due to Settlement before Institution and Granting Joint Requests to Treat Settlement Agreements as Business Confidential Information 37 C.F.R. § 42.74 1 This Order applies to both proceedings. The parties are not authorized to use this style heading for any subsequent papers. IPR2021-00101 (Patent 8,085,775 B1) IPR2021-00259 (Patent 8,817,790 B2) 2 I. INTRODUCTION Petitioner and Patent Owner have requested that the above-identified inter partes review proceedings be terminated pursuant to a settlement. On February 9, 2021, the parties filed a Joint Motion to Terminate in each of the above-identified proceedings (“Joint Motion”). Paper 8.2 The parties previously sought authorization to file the joint motions and received that authorization on February 1, 2021. Joint Motion 2. The parties also filed a settlement agreement (Exhibit 2001) and a Joint Request to Treat Settlement Information as Business Confidential Information and Keep Separate (Paper 9, “Joint Request”) in each of the above-identified proceedings. II. DISCUSSION In the Joint Motions, the parties represent that they have reached an agreement to jointly seek termination of these inter partes review proceedings, that the filed copies of the settlement agreements are true and correct copies, and there are no other collateral agreements or understandings made in connection with, or in contemplation of, the termination of these proceedings. Joint Motion 1–3. The parties also represent that their disputes have been resolved. Joint Motion 1. We have not yet instituted a trial on the above-identified proceedings. Nor have we decided the merits of the proceedings, and final written decisions have not been entered in the proceedings. The parties have shown adequately that termination of the proceedings is appropriate. Under these circumstances, we determine that good cause exists to terminate the 2 For expediency, we cite to the Papers and Exhibits filed in IPR2021-00101, unless otherwise indicated. Similar Papers and Exhibits were filed in IPR2021-00259. IPR2021-00101 (Patent 8,085,775 B1) IPR2021-00259 (Patent 8,817,790 B2) 3 proceedings with respect to the parties. The parties also requested that the settlement agreements be treated as business confidential information and be kept separate from the files of the patents involved in these proceedings. Joint Request 1. After reviewing the settlement agreements, we find that the settlement agreements contain confidential business information regarding the terms of settlement. We determine that good cause exists to treat the settlement agreements between the parties as business confidential information pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). This Order does not constitute a final written decision pursuant to 35 U.S.C. § 318(a). III. ORDER Accordingly, for the reasons discussed above, it is: ORDERED that the Joint Motions to Terminate are granted, and each of IPR2021-00101 and IPR2021-00259 is terminated with respect to Petitioner and Patent Owner; and FURTHER ORDERED that the Joint Requests are granted, and the settlement agreements shall be kept separate from the respective files of Patents 8,085,775 B1 and 8,817,790 B2 and made available only to Federal Government agencies on written request, or to any person on a showing of good cause, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). IPR2021-00101 (Patent 8,085,775 B1) IPR2021-00259 (Patent 8,817,790 B2) 4 For PETITIONER: James Day Daniel Callaway Winston Liaw FARELLA BRAUN + MARTEL LLP jday@fbm.com dcallaway@fbm.com wliaw@fbm.com For PATENT OWNER: Kenneth Weatherwax Patrick Maloney Jason Linger LOWENSTEIN & WEATHERWAX LLP weatherwax@lowensteinweatherwax.com maloney@lowensteinweatherwax.com linger@lowensteinweatherwax.com Copy with citationCopy as parenthetical citation