09884684 (P.T.A.B. Sep. 14, 2015)

Verizon Services Corp.v.Spherix Incoporated

Patent Trial and Appeal BoardSep 14, 2015

09884684 (P.T.A.B. Sep. 14, 2015)

Trials@uspto.gov Paper No. 8 571-272-7822 Entered: September 14, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ VERIZON SERVICES CORP., VERIZON SOUTH INC., VERIZON VIRGINIA LLC, VERIZON COMMUNICATIONS INC., VERIZON FEDERAL INC., VERIZON BUSINESS NETWORK SERVICES INC., AND MCI COMMUNICATIONS SERVICES, INC., Petitioner, v. SPHERIX INCORPORATED, Patent Owner. Case IPR2015-01381 Patent 6,980,564 B1 Before THOMAS L. GIANNETTI, MATTHEW R. CLEMENTS, and ROBERT L. KINDER, Administrative Patent Judges. KINDER, Administrative Patent Judge. DECISION Joint Motion to Terminate 37 C.F.R. § 42.5(a), 42.71(a) IPR2015-01381 Patent 6,980,564 B1 On September 10, 2015, the parties filed a “Joint Motion to Terminate the Proceeding” along with a “Joint Request to Treat Settlement Agreement as Business Confidential Under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c)” based on a settlement agreement that resolves the parties’ disputes related to the challenged patent. Paper 6. See also 37 C.F.R. § 42.74(c) (“A party to a settlement may request that the settlement be treated as business confidential information and be kept separate from the files of an involved patent or application.”). The parties concurrently filed a copy of the settlement agreement as Exhibit 1010. We have not yet entered a decision on institution in this proceeding. Under these circumstances, we determine that it is appropriate to dismiss the Petition. See 37 C.F.R. §§ 42.5(a), 42.71(a). This paper does not constitute a final written decision pursuant to 35 U.S.C. § 318(a). ORDER Accordingly, it is ORDERED that the Joint Motion to Terminate is granted; and FURTHER ORDERED that the settlement agreement (Exhibit 1010) be treated as business confidential information and be kept separate from the files of the involved U.S. Patent No. 6,980,564 B1. IPR2015-01381 Patent 6,980,564 B1 For PETITIONER: Dinesh N. Melwani Roland G. McAndrews Aaron M. Johnson Bookoff McAndrews, PLLC dmelwani@bookoffmcandrews.com rmcandrews@bookoffmcandrews.com ajohnson@bookoffmcandrews.com For PATENT OWNER: Darrell G. Dotson Spherix Incorporated ddotson@spherix.com

Verizon Services Corp. v. Spherix Incoporated