Coupa Software, Inc.v.Ariba, Inc.Download PDFPatent Trial and Appeal BoardAug 14, 201409429758 (P.T.A.B. Aug. 14, 2014) Copy Citation Trials@uspto.gov Paper 16 Tel: 571-272-7822 Entered: August 14, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ COUPA SOFTWARE, INC., Petitioner, v. ARIBA, INC., Patent Owner. _______________ Case CBM2014-00061 Patent 7,117,165 _______________ Before JENNIFER S. BISK, TREVOR M. JEFFERSON, and JENNIFER M. MEYER, Administrative Patent Judges. BISK, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 35 U.S.C. § 317(a); 37 C.F.R. § 42.72 CBM2014-00061 Patent 7,117,165 2 The parties have requested that this trial proceeding be terminated pursuant to a settlement. On August 12, 2014, we authorized the parties to file a joint request to terminate and to file the settlement agreement as business confidential information under 37 C.F.R. § 42.74(c). Paper 13. The parties filed their motion later that day. Paper 14. With their motion to terminate, the parties also filed a copy of a written settlement agreement that they request be kept confidential. Paper 14, 3-4; Ex. 1022. We instituted trial in this proceeding on July 25, 2014. Thus, this proceeding is in the initial stages with no post-institution briefing yet filed. The parties indicate that they have agreed to resolve all disputes between the parties related to the challenged patent, which is not involved in any other litigation. Paper 14, 3. This assertion is consistent with the settlement agreement. Ex. 1022. Under these circumstances, we determine that it is appropriate to enter judgment and terminate the trial without rendering a final written decision. 37 C.F.R. § 42.72 Accordingly, it is ORDERED that the joint motion to terminate the proceeding is granted; FURTHER ORDERED that the joint request that the settlement agreement be treated as business confidential information and be kept separate from the file of the involved patents under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is granted. CBM2014-00061 Patent 7,117,165 3 PETITIONER: John Phillips John Dragseth FISH & RICHARDSON P.C. phillips@fr.com dragseth@fr.com PATENT OWNER: Erika Arner FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP Erika.arner@finnegan.com Gregory Discher Andrea Reister COVINGTON & BURLING LLP gdischer@cov.com areiste@cov.com Copy with citationCopy as parenthetical citation
