Sony Online Entertainment LLCv.Agincourt Gaming, LLC

Patent Trial and Appeal Board

Dec 11, 2014

09433523 (P.T.A.B. Dec. 11, 2014)

Trials@uspto.gov Paper 10
Tel: 571-272-7822 Entered: December 11, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________
SONY ONLINE ENTERTAINMENT LLC,
BLIZZARD ENTERTAINMENT, INC., AND
BACKFLIP STUDIOS, LLC,
Petitioner,
v.
AGINCOURT GAMING, LLC,
Patent Owner.
_______________

Case IPR2014-01261
Patent 6,758,755
_______________

Before SCOTT E. KAMHOLZ, JAMES B. ARPIN, and
PHILIP J. HOFFMANN, Administrative Patent Judges.

KAMHOLZ, Administrative Patent Judge.

JUDGMENT
Termination of the Proceeding
37 C.F.R. § 42.72

IPR2014-01261
Patent 6,758,755

2

The parties filed a joint motion to terminate this proceeding (Paper 8
(“Mot.”)), along with true copies of the written settlement agreements
entered into by Patent Owner with each Petitioner entity (Exs. 1001, 1002,
1003).
*
The parties also filed a joint request to have their settlement
agreements treated as confidential business information under 35 U.S.C. §
317(b) and 37 C.F.R. § 42.74(c). Paper 9.
For the reasons provided below, the joint motion to terminate is
granted with respect both to Petitioner and to Patent Owner. The joint
request that the settlement agreements be treated as business confidential
information is also granted.
Patent Owner has not yet filed a Preliminary Response, and we have
not yet made a decision whether to institute inter partes review. Mot. 3.
The parties also have stipulated to dismissal with prejudice of related
litigations Agincourt Gaming, LLC v. Sony Online Entertainment, LLC,
Civil Action No. 1:14-cv-00198 (D.Del.), Agincourt Gaming, LLC v.
Blizzard Entertainment, Inc., Civil Action No. 1:14-cv-00196 (D.Del.), and
Agincourt Gaming, LLC v. Backflip Studios, LLC, Civil Action No. 1:14-cv-
00197 (D.Del.). Id. at 2.
In view of the parties’ settlement agreements, made in connection
with the termination in accordance with 35 U.S.C. § 317(b) and 37 C.F.R.
§ 42.74(b), we determine that it is appropriate to terminate the involvement
of each Petitioner entity. Moreover, in view of the early stage of this

*
The cited exhibits are those filed Nov. 20, 2014. Petitioner already used
those exhibit numbers earlier in the proceeding. Each party’s exhibits are to
be numbered uniquely and consecutively in the course of a proceeding.
37 C.F.R. § 42.63(c).
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3

proceeding, and the concurrent settlement of the district court litigation, we
determine that it also is appropriate to terminate the proceeding with respect
to Patent Owner. As a result, it is appropriate to enter judgment in the form
of termination. See 37 C.F.R. § 42.2.
Accordingly, it is
ORDERED that the joint motion to terminate IPR2014-01261 is
granted, and this proceeding is hereby terminated as to both Petitioner and
Patent Owner, including Petitioner entities Sony Online Entertainment LLC,
Blizzard Entertainment, Inc., and Backflip Studios, LLC, and Patent Owner
Agincourt Gaming, LLC; and
FURTHER ORDERED that the joint request that the settlement
agreement be treated as business confidential information and be kept
separate from the patent files under 35 U.S.C. § 317(b) and 37 C.F.R.
§ 42.74(c) is granted.

IPR2014-01261
Patent 6,758,755

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PETITIONER:

Eric Buresh
Jason Mudd
ERISE IP, P.A.
eric.buresh@eriseip.com
jason.mudd@eriseip.com

PATENT OWNER:

Vincent Allen
Ted Baroody
James Ortega
CARSTENS & CAHOON, LLP
allen@cclaw.com
baroody@cclaw.com
ortega@cclaw.com