Unified Patents Inc.v.Rothschild Broadcast Distribution Systems, LLCDownload PDFPatent Trial and Appeal BoardJun 17, 201513652034 (P.T.A.B. Jun. 17, 2015) Copy Citation Trial@uspto.gov 571-272-7822 Paper No. 10 Date Entered: June 17, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ UNIFIED PATENTS INC., Petitioner, v. ROTHSCHILD BROADCAST DISTRIBUTION SYSTEMS, LLC, Patent Owner. ____________ Case IPR2015-01181 Patent 8,856,221 B2 ____________ Before KALYAN K. DESHPANDE, JUSTIN T. ARBES, and MINN CHUNG, Administrative Patent Judges. CHUNG, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 37 C.F.R. §§ 42.72, 42.73, 42.74 IPR2015-01181 Patent 8,856,221 B2 2 The parties have requested that this trial proceeding be terminated pursuant to a settlement. On June 11, 2015, we authorized the parties via email correspondence to file a Joint Motion to Terminate and a Joint Request to treat their settlement agreement as business confidential information. On June 15, 2015, the parties filed a Joint Motion to Terminate, Paper 8, and a Joint Request to Treat Settlement Agreement as Business Confidential Information, Paper 7. See 35 U.S.C. § 317; 37 C.F.R. §§ 42.72, 42.74. The parties also filed a copy of their written settlement agreement. Ex. 1012. The parties indicated in their Joint Motion that termination of this proceeding is appropriate because they have reached a settlement agreement resolving all underlying disputes between the parties with respect to U.S. Patent No. 8,856,221 B2 (“the ’221 patent”). Paper 8, 1–3. This matter was in the preliminary stages at the time the parties moved to terminate. Patent Owner has not filed a Preliminary Response, and we have not determined whether to institute an inter partes review. Under these circumstances, we determine that it is appropriate to enter judgment1 and terminate this proceeding without rendering a Final Decision. See 37 C.F.R. §§ 42.72, 42.73, 42.74. It is, therefore, ORDERED that the joint motion to terminate the proceeding is GRANTED, and the proceeding is hereby terminated; and FURTHER ORDERED that the parties’ joint request that the settlement agreement (Ex. 1012) be treated as business confidential information, kept separate from the file of the ’221 patent, and made available only to Federal Government 1 A judgment means a final written decision by the Board, or a termination of a proceeding. 37 C.F.R. § 42.2. IPR2015-01181 Patent 8,856,221 B2 3 agencies on written request, or to any person on a showing of good cause, under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) is GRANTED. IPR2015-01181 Patent 8,856,221 B2 4 PETITIONER: Linda J. Thayer linda.thayer@finnegan.com Rachel Emsley rachel.emsley@finnegan.com Arpita Bhattacharyya arpita.bhattacharyya@finnegan.com PATENT OWNER: Kevin W. Guynn kguynn@gbclaw.net Atanu Das adas@gbclaw.net Copy with citationCopy as parenthetical citation
