Zynga Inc.v.Personalized Media Communications, LLC

Patent Trial and Appeal Board

Feb 10, 2014

08477547 (P.T.A.B. Feb. 10, 2014)

Trials@uspto.gov Paper 45
571-272-7822 Date: February 10, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
_____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

ZYNGA INC.
Petitioners

v.

PERSONALIZED MEDIA COMMUNICATIONS, LLC
Patent Owner

____________

Case IPR2013-00162
Patent 7,908,638
____________

Before SALLY C. MEDLEY, KARL D. EASTHOM, and JONI Y. CHANG,
Administrative Patent Judges.

MEDLEY, Administrative Patent Judge.

JUDGMENT
Termination of the Proceeding
37 C.F.R. § 42.73

On February 7, 2013, the parties filed a joint motion to terminate this
proceeding, along with a true copy of their written settlement agreement, made in
connection with the termination of the instant proceeding, in accordance with 35
IPR2013-00162
Patent 7,908,638

2

U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Paper 43. The parties also request to
have their settlement agreement treated as confidential business information under
35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Id.
The joint motion to terminate states that the parties jointly request
termination of this proceeding and that termination is proper because the issues
raised during the trial have not been fully briefed and the Board has not yet decided
the merits of the proceeding. The motion also indicates that a trial was held in the
related litigation with respect to the ’638 patent, and that judgment was entered in
favor of Zynga based on a jury’s finding of no infringement; a directed verdict was
entered in favor of PMC as to the issue of validity; and the judgment is not being
appealed. Id. The Board instituted trial on July 25, 2013. Paper 12. At this
juncture of the proceeding, the Board does not have before it full briefing on the
trial issues and the Board has not entered a final decision.
Based on the facts of this case, it is appropriate to enter judgment
1
without
rendering a final written decision. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72.
It is
ORDERED that the joint motion to terminate IPR2013-00162 is granted;
FURTHER ORDERED that the proceeding is terminated; and
FURTHER ORDERED that the parties’ joint request that the settlement and
agreement be treated as business confidential information kept separate from the
patent file, and made available only to Federal Government agencies on written
request, or to any person on a showing of good cause, pursuant to 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.

IPR2013-00162
Patent 7,908,638

3

For PETITIONER:

David Cochran
dcochran@jonesday.com

Joseph Sauer
jmsauer@jonesday.com

Louis Touton
lltouton@jonesday.com

David Wu
dwwu@jonesday.com

For PATENT OWNER:

Thomas Scott, Jr.
tscott@goodwinprocter.com

Stephen Schreiner
sschreiner@goodwinprocter.com