Toyota Motor Corporationv.Innovative Display Technologies LLCDownload PDFPatent Trial and Appeal BoardMay 29, 201511244544 (P.T.A.B. May. 29, 2015) Copy Citation Trials@uspto.gov Paper 9 571-272-7822 Entered: May 29, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ TOYOTA MOTOR CORPORATION, Petitioner, v. INNOVATIVE DISPLAY TECHNOLOGIES LLC, Patent Owner. _______________ Case IPR2015-00828 Case IPR2015-00829 Case IPR2015-00831 Case IPR2015-00832 Case IPR2015-00834 Case IPR2015-00835 Case IPR2015-00843 Case IPR2015-00855 Case IPR2015-00857 Case IPR2015-00895 Case IPR2015-00896 Case IPR2015-00897 _________ Before MIRIAM L. QUINN, LORA M. GREEN, and THOMAS L. GIANNETTI, Administrative Patent Judges. GIANNETTI, Administrative Patent Judge. Case IPR2015-00828 Case 2015-00834 Case 2015-00857 Case IPR2015-00829 Case 2015-00835 Case 2015-00895 Case IPR2015-00831 Case 2015-00843 Case 2015-00896 Case IPR2015-00832 Case 2015-00855 Case 2015-00897 2 JUDGMENT Termination of Proceedings 37 C.F.R. § 42.72 On May 26, 2015, the parties filed a joint motion to terminate each of these proceedings pursuant to a settlement agreement. Paper 6. 1 The parties also filed true copies of their written settlement agreement, made in connection with the termination of these proceedings, in accordance with 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Exhibit 1012. Additionally, the parties submitted joint requests to have their settlement agreement treated as confidential business information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 7. At the request of the panel, the parties also filed the order of the district court, dismissing the related district court case against Petitioner. Exhibit 1013. These proceedings are in the preliminary stage. The Board has not determined whether trial will be instituted. Further, the deadline to file a patent owner preliminary response is almost a month away, and no motions are pending. The parties submit that termination is appropriate because the parties have settled their dispute, and the Board has not entered a decision regarding institution. Paper 6, 5. Upon consideration of the requests before us, we determine that terminating these proceedings with respect to both Petitioner and Patent Owner, at this early juncture, promotes efficiency and minimizes 1 Paper and exhibit numbers refer to Case IPR2015-00828. Corresponding motions and settlement agreements were filed in each of the other cases. Case IPR2015-00828 Case 2015-00834 Case 2015-00857 Case IPR2015-00829 Case 2015-00835 Case 2015-00895 Case IPR2015-00831 Case 2015-00843 Case 2015-00896 Case IPR2015-00832 Case 2015-00855 Case 2015-00897 3 unnecessary costs. Based on the facts of these cases, it is appropriate to enter judgment terminating the proceedings without rendering a final written decision. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. Accordingly, it is: ORDERED that the joint motions to terminate the following cases are granted: Case IPR 2015-00828; Case IPR 2015-00829; Case IPR 2015- 00831; Case IPR 2015-00832; Case IPR 2015-00834; Case IPR 2015- 00835; Case IPR 2015-00843; Case IPR 2015-00855; Case IPR 2015- 00857; Case IPR 2015-00895; Case IPR 2015-00896; and Case IPR 2015- 00897; FURTHER ORDERED that the above cases are hereby terminated as to all parties, including Petitioner and Patent Owner; and FURTHER ORDERED that the parties’ joint requests that the settlement agreement be treated as business confidential information, kept separate from the patent file, and made available only to Federal Government agencies on written request, or to any person on a showing of good cause, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), are granted. Case IPR2015-00828 Case 2015-00834 Case 2015-00857 Case IPR2015-00829 Case 2015-00835 Case 2015-00895 Case IPR2015-00831 Case 2015-00843 Case 2015-00896 Case IPR2015-00832 Case 2015-00855 Case 2015-00897 4 PETITIONER: Thomas W. Winland Finnegan, Henderson, Farabow, Garrett & Dunner, LLP tom.winland@finnegan.com PATENT OWNER: George W. Webb III Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C. gwebb@azalaw.com Copy with citationCopy as parenthetical citation