Sonos, Inc.v.Black Hills Media, LLC

Patent Trial and Appeal Board

May 22, 2015

11563232 (P.T.A.B. May. 22, 2015)

Trial@uspto.gov
571-272-7822
IPR2015-00586, Paper 8
IPR2015-00587, Paper 8
IPR2015-00588, Paper 8
IPR2015-00590, Paper 10
Date Entered: May 22, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

SONOS, INC.,
Petitioner,
v.
BLACK HILLS MEDIA, LLC,
Patent Owner.
____________

Case IPR2015-00586 (Patent 6,757,517)1
Case IPR2015-00587 (Patent 7,236,739)
Case IPR2015-00588 (Patent 7,742,740)
Case IPR2015-00590 (Patent 8,050,652)
______________

Before, BRIAN J. McNAMARA, DAVID C. McKONE,
PETER P. CHEN, FRANCES L. IPPOLITO, and TINA E. HULSE,
Administrative Patent Judges.

McNAMARA, Administrative Patent Judge.

JUDGMENT
TERMINATION OF THE PROCEEDING
37 C.F.R. § 42.73

1 This paper addresses issues common to each of the identified proceedings.
We, therefore, exercise our discretion and issue a single paper to be entered
in each case. The parties, however, are not authorized to use this style
heading in any subsequent papers.
IPR2015-00586 (Patent 6,757,517)
IPR2015-00587 (Patent 7,236,739)
IPR2015-00588 (Patent 7,742,740)
IPR2015-00590 (Patent 8,050,652)

2

The parties have requested that this matter be terminated pursuant to a
settlement. In our e-mail of April 28, 2015, the Board authorized the parties
to file a Joint Motion To Terminate and a Joint Request that the Settlement
Agreement Be Treated As Business Confidential Information under
37 C.F.R. 42.74(c). On May 14, 2015, in each of these proceedings the
parties filed a Joint Motion Terminate2 and a joint Request That The
Settlement Agreement Be Treated As Business Confidential Information.3
See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. The parties also filed a copy of a
written settlement agreement. Ex. 2001 in each proceeding. The Joint
Motion to Terminate states that there are no other written or oral collateral
agreements or understandings made in connection with, or in contemplation
of, the termination of this matter.
This matter was in the preliminary stages at the time the parties
moved to terminate. A Patent Owner Preliminary Response was not filed
and a decision on institution had not yet been entered. The parties have not
identified any other related matters. Under these circumstances, the Board
determines that it is appropriate to enter judgment4 and terminate the matter
without rendering a final written decision. See 37 C.F.R. § 42.72.
It is, therefore,

2 IPR2015-00586, -00587, -00588, Paper 6; IPR2015-00590, Paper 8
3 IPR2015-00586, -00587, -00588, Paper 7; IPR2015-00590, Paper 9
4 A judgment means a final written decision by the Board, or a termination
of a proceeding. See 37 C.F.R. § 42.2.
IPR2015-00586 (Patent 6,757,517)
IPR2015-00587 (Patent 7,236,739)
IPR2015-00588 (Patent 7,742,740)
IPR2015-00590 (Patent 8,050,652)

3

ORDERED that the joint motion to terminate this matter is
GRANTED and the proceeding is hereby terminated;
FURTHER ORDERED that the parties’ joint request that the
settlement agreement be treated as business confidential information which
shall be kept separate from the file of the involved patents under the
provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is GRANTED.

PETITIONER: (via electronic transmission)

George I. Lee
Sean M. Sullivan
Rory P. Shea
John Dan Smith
LEE SULLIVAN SHEA & SMITH LLP
lee@leesullivanlaw.com
sullivan@leesullivanlaw.com
shea@leesullivanlaw.com
smith@leesullivanlaw.com

PATENT OWNER: (via electronic transmission)

Thomas Engellenner
Reza Mollaaghababa
George Haight
Andrew Schultz
PEPPER HAMILTON LLP
engellennert@pepperlaw.com
mollaaghababar@pepperlaw.com
haightg@pepperlaw.com
schultza@pepperlaw.com