ZERTO INC.v.EMC ISRAEL DEVELOPMENT CENTER, LTD.

Patent Trial and Appeal Board

Sep 4, 2013

11536215 (P.T.A.B. Sep. 4, 2013)

Trials@uspto.gov Paper 14
571-272-7822 Entered: September 4, 2013
UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

ZERTO INC.
Petitioner

v.

EMC ISRAEL DEVELOPMENT CENTER, LTD.
Patent Owner
____________

Case IPR2013-00456
U.S. Patent No. 7,516,287 B2

Before KARL D. EASTHOM, MICHAEL R. ZECHER, and
GEORGIANNA W. BRADEN, Administrative Patent Judges.

ZECHER, Administrative Patent Judge.

JUDGMENT
Termination of the Proceeding
37 C.F.R. § 42.73
Case IPR2013-00456
U.S. Patent No. 7,516,287 B2

2
On August 30, 2013, the parties filed a joint motion (Paper 12) to
terminate this proceeding. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. The
parties also filed a copy of their written settlement agreement (Exhibit
1006)1 and a request (Paper 13) to treat the settlement agreement as business
confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
This proceeding is still in the preliminary stages. Patent Owner has
not yet filed its preliminary response and the Board has not instituted a trial.
The parties further represent that the pending district court litigation with
respect to U.S. Patent No. 7,516,287 B2 has been dismissed without
prejudice. Paper 12 at 2-3; see also Ex. 1007. The parties identify no other
related matters. Under the circumstances, the Board determines that it is
appropriate to terminate this proceeding without rendering either a decision
to institute or a final written decision. See 37 C.F.R. § 42.72.
Accordingly, it is hereby:
ORDERED that the parties’ joint request that the settlement
agreement (Exhibit 1006) be treated as business confidential information
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
proceeding is GRANTED and this proceeding is hereby terminated.

1 The parties originally labeled both the written settlement agreement and the
stipulation and order entered in the pending district court litigation as
Exhibit 1. Because the original labeling was improper, the Board
Administrative Staff re-labeled the written settlement agreement as Exhibit
1006 and the stipulation and order entered in the pending district court
litigation as Exhibit 1007.
Case IPR2013-00456
U.S. Patent No. 7,516,287 B2

3
PETITIONER:

Matthew B. Lowrie
John D. Lanza
Foley & Lardner LLP
111 Huntington Avenue, Suite 2600
Boston, MA 02199
jlanza-PRPS@foley.com

PATENT OWNER:

Edmund J. Walsh
Marc S. Johannes
WOLF, GREENFIELD & SACKS, P.C.
600 Atlantic Avenue
Boston, MA 02210-2206
EWalsh-PTAB@wolfgreenfield.com
MJohannes-PTAB@wolfgreenfield.com