11428203 (P.T.A.B. Jan. 27, 2016)

Fortinet Inc.v.Sophos Inc.

Patent Trial and Appeal BoardJan 27, 2016

11428203 (P.T.A.B. Jan. 27, 2016)

Trials@uspto.gov Paper 22 571-272-7822 Entered: January 27, 2016 UNITED STATES PATENT AND TRADEMARK OFFICE _____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ FORTINET, INC., Petitioner, v. SOPHOS INC., Patent Owner. ____________ Case IPR2015-00618 Patent 8,261,344 B2 ____________ Before BRYAN F. MOORE, PETER P. CHEN, and MICHELLE N. WORMMEESTER, Administrative Patent Judges. WORMMEESTER, Administrative Patent Judge. DECISION Joint Motion to Terminate 37 C.F.R. § 42.74 IPR2015-00618 Patent 8,261,344 B2 On December 14, 2015, the parties filed a Joint Motion to Terminate this proceeding. Paper 20. The parties represent that “the grant of this motion will result in the termination of this inter partes review.” Id. With their Motion to Terminate, the parties filed as Exhibit 2010 what they represent is “a true copy” of their written agreement. Id. Although the Motion to Terminate refers to a “Settlement and License Agreement,” the parties clarified in an e-mail to the Board on January 26, 2016, that no license agreement or license terms between the parties exist. In a concurrently filed Joint Request to Maintain Confidentiality, the parties request that the agreement be treated as business confidential information and be kept separate from the file of the involved patent. Paper 21. This proceeding is in an appropriate stage for termination. The Board instituted trial on August 13, 2015, the oral hearing has not occurred, and no motions are pending. Under these circumstances, we determine that it is appropriate to terminate this proceeding. The Joint Request to Maintain Confidentiality is also granted. Accordingly, it is ORDERED that the Joint Motion to Terminate is granted; and FURTHER ORDERED that the agreement (Ex. 2010) be treated as business confidential information and be kept separate from the file of the involved patent, under 37 C.F.R. § 42.74(c), and made available only under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). IPR2015-00618 Patent 8,261,344 B2 FOR PETITIONER: Jason Liu jasonliu@quinnemanuel.com Jared Newton jarednewton@quinnemanuel.com FOR PATENT OWNER: James Heintz jim.heintz@dlapiper.com Gianni Minutoli SophosFortinetIPR@dlapiper.com Nicholas Panno nicholas.panno@dlapiper.com

Fortinet Inc. v. Sophos Inc.