Spansion Inc.v.Macronix International Co., Ltd.

Patent Trial and Appeal Board

Jan 30, 2015

09029945 (P.T.A.B. Jan. 30, 2015)

Trials@uspto.gov Paper 20
571.272.7822 Filed: January 30, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
_____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

SPANSION INC., SPANSION LLC, and SPANSION (THAILAND) LTD.,
Petitioner,

v.

MACRONIX INTERNATIONAL CO., LTD.,
Patent Owner.
____________

Case IPR2014-01118
Patent 6,002,630
____________

Before KALYAN K. DESHPANDE, JUSTIN BUSCH, and
PETER P. CHEN, Administrative Patent Judges.

CHEN, Administrative Patent Judge.

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

Case IPR2014-01118
Patent 6,002,630
2

On January 28, 2015, and pursuant to 35 U.S.C. § 317(b) and
37 C.F.R. § 42.74, the parties filed a copy of a settlement agreement
(Ex. 1024) along with a joint request to treat the settlement agreement as
business confidential, to be separate from the patent file (Paper 19). In
addition, the parties filed a joint motion to terminate the proceeding pursuant
to 35 U.S.C. § 317. Paper 18.
This case is in its early stages, as trial was instituted very recently, on
January 21, 2015. The initial conference call with the Board to discuss the
case has not been held. Based on the facts of this case, it is appropriate to
enter judgment.1 Therefore, the joint motion to terminate the proceeding is
GRANTED.
Accordingly, it is
ORDERED that the parties’ joint request that the settlement
agreement be treated as business confidential information, kept separate
from the files of US Patent No. 6,002,630, and made available only to
Federal Government agencies on written request, or to any person on a
showing of good cause, under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c),
is GRANTED;
FURTHER ORDERED that the joint motion to terminate the
proceeding is GRANTED;
FURTHER ORDERED that the proceeding is TERMINATED.

1 A judgment means a final written decision by the Board, or a termination
of a proceeding. 37 C.F.R. § 42.2.
Case IPR2014-01118
Patent 6,002,630
3

PETITIONER:

J. Steven Baughman
Steven.baughman@ropesgray.com

Steven Pepe
Steven.pepe@ropesgray.com

PATENT OWNER:

Michael M. Murray
mmurray@winston.com

Andrew R. Sommer
asommer@winston.com

Michael J. Scheer
mscheer@winston.com