Cisco Systems, Inc.v.Network Congestion Solutions, LLC

Patent Trial and Appeal Board

Oct 13, 2015

09304188 (P.T.A.B. Oct. 13, 2015)

Trials@uspto.gov Paper No. 9
571-272-7822 Entered: October 13, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

CISCO SYSTEMS, INC.,
Petitioner,
v.
NETWORK CONGESTION SOLUTIONS LLC,
Patent Owner.

____________

Case IPR2015-01510
U.S. Patent No. 6,826,620
____________

Before MICHAEL W. KIM, DANIEL N. FISHMAN and
GREGG I. ANDERSON, Administrative Patent Judges.

ANDERSON, Administrative Patent Judge.

DECISION
Joint Motion to Terminate
37 C.F.R. § 42.5(a), 42.71(a)
IPR2015-01510
U.S. Patent No. 6,826,620

2

On October 13, 2015, the parties filed a “Joint Motion to Terminate
Proceedings” (“Joint Motion to Terminate”) based on a Patent License Agreement
(“License”) that resolves the parties’ disputes related to the challenged patent.
Paper 7. The parties concurrently filed a copy of the License (Ex. 2001) along
with a “Joint Request to File Agreement as Business Confidential Information”
(“Confidentiality Request”) pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
§ 42.74(c). Paper 8. The Confidentiality Request also seeks to have the License
kept separate from the file of the challenged patent and filed in PRPS as “Board
Only.” Id. at 1; see also 37 C.F.R. § 42.74(c) (“A party to a settlement may
request that the settlement be treated as business confidential information and be
kept separate from the files of an involved patent or application.”).
We have not yet entered a decision on institution. Under these
circumstances, we determine that it is appropriate to dismiss the Petition. See
37 C.F.R. §§ 42.5(a), 42.71(a). This paper does not constitute a final written
decision pursuant to 35 U.S.C. § 318(a).
ORDER
Accordingly, it is
ORDERED that the Joint Motion to Terminate is granted; and
FURTHER ORDERED that the settlement agreement Exhibit 2001 be
treated as business confidential information, be designated “Board Only,” and be
kept separate from the files of the involved U.S. Patent No. 6,826,620.

IPR2015-01510
U.S. Patent No. 6,826,620

3

For PETITIONER:

David L. McCombs
Thomas W. Kelton
Theodore M. Foster
HAYNES AND BOONE, LLP
David.McCombs.ipr@haynesboone.com
Thomas.kelton.ipr@haynesboone.com
ipr.theo.foster@haynesboone.com

For PATENT OWNER:

Joseph P. Oldaker
Timothy E. Grochocinski
NELSON BUMGARDNER, P.C.
joseph@nelbum.com
tim@nelbum.com