Samsung Electronics America, Inc.v.Tactile Feedback Technology, LLC

Patent Trial and Appeal Board

Feb 23, 2016

12897072 (P.T.A.B. Feb. 23, 2016)

Trials@uspto.gov Paper 9
571-272-7822 Entered: February 23, 2016

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

SAMSUNG ELECTRONICS AMERICA, INC.,
Petitioner,

v.

TACTILE FEEDBACK TECHNOLOGY, LLC,
Patent Owner.
____________

Case IPR2016-00205
Patent 8,072,440 B2

Before BRYAN F. MOORE, DAVID C. McKONE, and
FRANCES L. IPPOLITO, Administrative Patent Judges.

IPPOLITO, Administrative Patent Judge.

ORDER
Joint Motion to Terminate
35 U.S.C. § 317; 37 C.F.R. §§ 42.72, 42.74
IPR2016-00205
Patent 8,072,440 B2

2
On February 9, 2016, the parties filed a Joint Motion to Terminate
Proceeding based on a settlement reached by the parties. Paper 7. The
parties further filed a true copy of a Settlement and License Agreement
(Ex. 1029) and a Joint Request to Treat Settlement Agreement as Business
Information and Keep Separate under 35 U.S.C. § 317 (Paper 8). The above
filings were authorized pursuant to an email sent by the Board on February
4, 2016.
This proceeding is in an early stage and no decision whether to
institute inter partes review has been made. Additionally, the parties
represent that
(1) [the parties] have reached an agreement resolving the
dispute involving the patent at issue in this IPR; (2) termination
of the IPR is requested prior to a Decision on Institution of the
IPR; (3) the prior litigation between the Parties in connection
with the patent at issue has been dismissed; (4) the Parties do
not foresee any future litigation between them relating to the
patent at issue in this IPR; and (5) there are no other petitioners
to this IPR other than Samsung Electronics America, Inc.
Paper 7, 2. Based on the facts of the instant proceeding, it is appropriate to
terminate. Therefore, the joint motion to terminate the instant proceeding is
granted.

Accordingly, it is
ORDERED that the joint motion to terminate the instant proceeding is
granted;
FURTHER ORDERED that the parties’ joint request that the
Settlement and License Agreement (Ex. 1029) be treated as business
confidential information, kept separate from the file of U.S. Patent No.
8,072,440 B2, and made available only to Federal Government agencies on
IPR2016-00205
Patent 8,072,440 B2

3
written request, or to any person on a showing of good cause, under the
provisions 37 C.F.R. § 42.74(c) is granted; and
FURTHER ORDERED that the proceeding is terminated.

PETITIONER:
Jennifer Sklenar
Jin-Suk Park
jennifer.sklenar@aporter.com
jin.park@aporter.com

PATENT OWNER:
Robert Michael Azzi
Vito Ciaravino
Janet Ramsey
mazzi@wnj.com
vciaravino@wnj.com
jramsey@wnj.com