Applied Voice & Speech Technologies (AVST)v.IPVX PATENT HOLDINGS, INC.

Patent Trial and Appeal Board

Jul 23, 2013

08188200 (P.T.A.B. Jul. 23, 2013)

Trial@uspto.gov Paper 16
Tel: 571-272-7822 Entered: July 22, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________
APPLIED VOICE & SPEECH TECHNOLOGIES
Petitioner,

v.
IPVX PATENT HOLDINGS, INC.
Patent Owner.
_______________

Case IPR2013-00216 (JYC)
Patent 5,572,576
_______________

Before STEPHEN C. SIU and JONI Y. CHANG,
Administrative Patent Judges.

CHANG, Administrative Patent Judge.

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

Case IPR2013-00216
Patent 5,572,576

2

On July 19, 2013, the parties filed a joint motion to terminate the instant
proceeding accompanied by a true copy of a settlement agreement and a joint
request to treat the settlement agreement as business confidential, pursuant to 35
U.S.C. § 317 and 37 C.F.R. § 42.74. (Papers 14 and 15; Ex. 2001.)
The parties indicate that they have reached an agreement resolving the
dispute in the instant proceeding and the related litigation. (Paper 14.) They also
filed a copy of the Agreed Motion to Dismiss with Prejudice the related litigation.
(Ex. 2002.) The Motion was granted and, as the result, the related litigation was
dismissed on July 8, 2013. (Paper 14.) The parties urge the Board to terminate the
instant proceeding, as the proceeding is in its preliminary stage and neither party
has had an opportunity to present evidence and arguments. (Id.)
Generally, the Board expects that a proceeding will terminate after the filing
of a settlement agreement. See, e.g., Office Patent Trial Practice Guide, 77 Fed.
Reg. 48756, 48768 (Aug. 14, 2012). Applied Voice & Speech Technologies, Inc.
(“AVST”) filed a petition for an inter partes review on March 26, 2013. (Paper 1.)
The Board has not authorized institution of the inter partes review. As no trial has
been instituted based on AVST’s petition, this proceeding is in the preliminary
proceeding
1
stage. Based on the facts of this case, it is appropriate to enter
judgment.
2

1
A preliminary proceeding begins with the filing of a petition for instituting a trial
and ends with a written decision as to whether a trial will be instituted. 37 C.F.R.
§ 42.2.
2
A judgment means a final written decision by the Board, or a termination of a
proceeding. 37 C.F.R. § 42.2.
Case IPR2013-00216
Patent 5,572,576

3

Accordingly, it is
ORDERED that the joint request that the settlement agreement be treated as
business confidential information is GRANTED;
FURTHER ORDERED that the joint motion to terminate the instant
proceeding is GRANTED; and
FURTHER ORDERED that the instant proceeding is TERMINATED.

John Rollins
Andrew Dallmann
BURCH DALLMANN LLP
jfr@burchdallmann.com
asd@burchdallman

PATENT OWNER:

Irah H. Donner
Matthew W. Siegal
Stroock & Stroock & Lavan LLP
idonner@stroock.com
msiegal@stroock.com