ZYNGA INC.v. PERSONALIZED MEDIA COMMUNICATIONS, LLC

Patent Trial and Appeal Board

Feb 10, 2014

08470571 (P.T.A.B. Feb. 10, 2014)

Trials@uspto.gov Paper 24
571-272-7822 Date: February 10, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
_____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

ZYNGA INC.
Petitioner

v.

PERSONALIZED MEDIA COMMUNICATIONS, LLC
Patent Owner

____________

Case IPR2013-00171
Patent 7,734,251
____________

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
IPR2013-00171
Patent 7,734,251

2

U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Paper 22. 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 prior to trial in the
related litigation, PMC agreed to dismiss its claims of infringement of the asserted
claims of the ’251 patent. Id. The Board instituted trial on July 25, 2013. Paper 9.
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 IPR2013-00171 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.

IPR2013-00171
Patent 7,734,251

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