Volkswagen Group of America, Inc.v.Farlight LLC

Patent Trial and Appeal Board

Mar 11, 2014

12780824 (P.T.A.B. Mar. 11, 2014)

Trial@uspto.gov
571-272-7822
Paper No. 28
Date Entered: March 11, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

VOLKSWAGEN GROUP OF AMERICA, INC.
Petitioner

v.

FARLIGHT LLC
Patent Owner
____________

Case IPR2013-00238
Patent 8,220,959 B2
____________

Before, STEPHEN C. SIU, JOSIAH C. COCKS, and
BRIAN J. McNAMARA, Administrative Patent Judges.

McNAMARA, Administrative Patent Judge.

JUDGMENT
TERMINATION OF THE PROCEEDING

37 C.F.R. § 42.73

Case IPR2014-00238
Patent 8,220,959 B2

2

The parties have requested that this trial proceeding be terminated pursuant
to a settlement. On February 25, 2014, the Board authorized the parties to file a
Joint Request To Terminate and a Joint Request to File the Settlement as Business
Confidential under 37 C.F.R. 42.74(c). Paper 24. On February 27, 2014, the
parties filed a Joint Motion Terminate and a Joint Request To Keep Paper Separate
as Business Confidential Information. Paper 25. See 35 U.S.C. § 317;
37 C.F.R. § 42.72. With their Motion To Terminate and Seal, the parties also filed
a copy of a written settlement agreement. Ex. 2009.
A decision by the Board to institute a trial was entered on September 26,
2013. Paper 15. However, this matter was in the preliminary stages at the time the
parties moved to terminate and a Patent Owner Response has not yet been filed.
The Motion To Terminate identifies three pending litigations involving the subject
US Patent No. 8,220,959 B2. Paper 24. One of these cases is settling, the other
two remain pending. Id. Petitioner is not involved in any of these litigations.
Under these circumstances, the Board determines that it is appropriate to enter
judgment1 and terminate the trial without rendering a final written decision.
37 C.F.R. § 42.72.
It is, therefore,
ORDERED that the joint motion to terminate the proceeding is GRANTED
and the proceeding is hereby terminated;
FURTHER ORDERED that the parties’ joint request that the settlement
agreement be treated as business confidential information which shall be kept
separate from the file of the involved patents under the provisions of
35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is GRANTED.

1 A judgment means a final written decision by the Board, or a termination of a
proceeding. 37 C.F.R. § 42.2.
Case IPR2014-00238
Patent 8,220,959 B2

3

For PETITIONER:
Clifford Ulrich
Kenyon & Kenyon LLP
culrich@kenyon.com

For PATENT OWNER:
Matthew Philips
Renaissance IP Law Group LLP
matthew.phillips@renaissanceiplaw.com

and

Harold McGurk IV
The Law Office of Clay McGurk
claymcgurk@cox.net