synkloud technologies llc

Patent Trials and Appeals Board

Jun 28, 2021

IPR2020-01235 (P.T.A.B. Jun. 28, 2021)

Trials@uspto.gov Paper 18
571-272-7822 Date: June 28, 2021

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

ADOBE INC.,
Petitioner,
v.
SYNKLOUD TECHNOLOGIES, LLC,
Patent Owner.

IPR2020-01235
Patent 10,015,254 B1

Before SALLY C. MEDLEY, LYNNE E. PETTIGREW, and
SCOTT RAEVSKY, Administrative Patent Judges.

PETTIGREW, Administrative Patent Judge.

TERMINATION
Due to Settlement After Institution of Trial
35 U.S.C. § 317; 37 C.F.R. § 42.74

IPR2020-01235
Patent 10,015,254 B1

2
I. INTRODUCTION
On our authorization (Ex. 3002), the parties filed a Joint Motion to
terminate this proceeding under 35 U.S.C. § 317 and 37 C.F.R. § 42.72.
Paper 16 (“Motion” or “Mot.”). The parties also filed what they indicate is a
true and correct copy of their Settlement Agreement and Covenant Not-To-
Sue. Ex. 2042 (“Settlement Agreement”). In a Joint Request, the parties
identified the Settlement Agreement as business confidential information
and requested that the Settlement Agreement be kept separate from the
patent file. Paper 17 (“Joint Request”). For the reasons discussed below,
the Motion and Joint Request are granted.
II. ANALYSIS
We have not decided the merits of this proceeding. The parties
indicate that they have settled their disputes regarding U.S. Patent
No. 10,015,254 B1. Mot. 2. The parties represent that they submitted “the
Parties’ settlement agreement and any collateral agreements made in
contemplation of termination of the proceedings.” Id. at 3. Under these
circumstances, we determine that it is appropriate to terminate this
proceeding. See 37 C.F.R. § 42.72. We also determine that it is appropriate
to treat the Settlement Agreement as business confidential information to be
kept separate from the patent file. See 37 C.F.R. § 42.74(c).

IPR2020-01235
Patent 10,015,254 B1

3
III. ORDER
It is hereby:
ORDERED that the Motion to terminate this inter parties review
proceeding is granted;
FURTHER ORDERED that this proceeding is terminated as to all
parties; and
FURTHER ORDERED that the Joint Request to treat the Settlement
Agreement (Ex. 2042) as business confidential information to be kept
separate from the patent file is granted.

IPR2020-01235
Patent 10,015,254 B1

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FOR PETITIONER:
James L. Day
Winston Liaw
Daniel Callaway
FARELLA BRAUN + MARTEL LLP
jday@fbm.com
wliaw@fbm.com
dcallaway@fbm.com

FOR PATENT OWNER:

Gregory J. Gonsalves
Yeasun Yoon
CAPITOL IP LAW GROUP, PLLC
gonsalves@capitoliplaw.com
yoon@capitoliplaw.com