TRW Automotive U.S. LLCv.Magna Electronics Inc.Download PDFPatent Trial and Appeal BoardFeb 22, 201613680534 (P.T.A.B. Feb. 22, 2016) Copy Citation Trials@uspto.gov Paper 32 Tel: 571-272-7822 Entered: February 22, 2016 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ TRW AUTOMOTIVE U.S. LLC, Petitioner, v. MAGNA ELECTRONICS INC., Patent Owner. ____________ Case IPR2015-004361 Patent 8,599,001 B2 ____________ Before JUSTIN T. ARBES, BART A. GERSTENBLITH, and FRANCES L. IPPOLITO, Administrative Patent Judges. ARBES, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 37 C.F.R. § 42.72 1 Cases IPR2015-00437, IPR2015-00438, and IPR2015-00439 have been consolidated with this proceeding. IPR2015-00436 Patent 8,599,001 B2 2 On February 15, 2016, the parties filed a joint motion to terminate the instant proceeding on the basis of a settlement reached by the parties. See Paper 31 (“Mot.”); 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. The parties also filed a copy of their written settlement agreement (Ex. 1072) and included in their motion a request that the settlement agreement be treated as business confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). The parties’ joint motion to terminate was filed prior to DUE DATES 5–7 in the proceeding, and the Board has not made a final decision on the merits. See 35 U.S.C. § 317(a). The parties represent that they have “settled all of their disputes involving the [challenged patent], as well as other patents owned by [Patent Owner] which cover or relate to forward facing camera systems,” and agreed to dismissal of the pending district court cases involving the challenged patent. Mot. 2–3. The parties further represent that Exhibit 1072 is a “true and correct copy” of the settlement agreement. Id. Given these facts, we determine that it is appropriate to terminate the proceeding without rendering a final written decision under 37 C.F.R. § 42.72. In consideration of the foregoing, it is hereby: ORDERED that the parties’ joint request that the settlement agreement be treated as business confidential information, kept separate from the file of U.S. Patent No. 8,599,001 B2, 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; and FURTHER ORDERED that the joint motion to terminate the instant proceeding (Paper 31) is granted and the proceeding is hereby terminated. IPR2015-00436 Patent 8,599,001 B2 3 PETITIONER: Jon Trembath Timothy K. Sendek A. Justin Poplin Allan Sternstein Douglas W. Link Dan Cleveland Jr. Hissan Anis LATHROP & GAGE LLP JTrembath@lathropgage.com TSendek@lathropgage.com jpoplin@lathropgage.com patent@lathropgage.com dlink@lathropgage.com DCleveland@lathropgage.com HAnis@lathropgage.com PATENT OWNER: David K.S. Cornwell Jason D. Eisenberg Daniel Yonan STERNE, KESSLER, GOLDSTEIN & FOX PLLC davidc-PTAB@skgf.com jasone-PTAB@skgf.com Timothy A. Flory Terence J. Linn GARDNER, LINN, BURKHART & FLORY, LLP Flory@glbf.com linn@glbf.com Copy with citationCopy as parenthetical citation