Microsoft Corporationv.VirnetX Inc.

Patent Trials and Appeals Board

Jan 26, 2015

11840560 - (D) (P.T.A.B. Jan. 26, 2015)

Trials@uspto.gov Paper No. 19
571.272.7822 Filed: January 26, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
_____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

MICROSOFT CORP.,
Petitioner,

v.

VIRNETX, INC.,
Patent Owner.
____________

Case IPR2014-00615
Patent 7,921,211 B21
____________

Before MICHAEL P. TIERNEY, KARL D. EASTHOM, and
STEPHEN C. SIU, Administrative Patent Judges.

EASTHOM, Administrative Patent Judge.

JUDGMENT
Termination of the Proceedings
35 U.S.C. § 317
37 C.F.R. §§ 42.72, 42.73, 42.74

1 Case IPR2014-00618 has been consolidated with the instant proceeding. A
copy of the Judgment will be entered in each proceeding.
IPR2014-00615 and IPR2014-00618
Patent 7,921,211 B2

2

On December 19, 2014, and pursuant to 35 U.S.C. § 317(b) and
37 C.F.R. § 42.74, the parties filed a copy of a settlement agreement (Ex.
2044) along with a joint request to treat the settlement agreement as business
confidential, to be separate from the patent file (Paper 15). In addition, the
parties filed a joint motion to terminate the proceeding pursuant to 35 U.S.C.
§ 317. Paper 14.
Patent Owner has not filed a Patent Owner Response. Issues raised
during the trial have not been briefed fully, and the Board has not decided
the merits of the proceeding. Based on the facts of this case, it is appropriate
to enter judgment.2 Therefore, the joint motion to terminate the proceeding
is GRANTED.
Accordingly, it is
ORDERED that the parties’ request that the settlement agreement be
treated as business confidential information, to be kept separate from the
patent file, is GRANTED;
FURTHER ORDERED that the joint motion to terminate the
proceeding is GRANTED;
FURTHER ORDERED that the proceeding are TERMINATED.

2 A judgment means a final written decision by the Board, or a termination
of a proceeding. 37 C.F.R. § 42.2.
IPR2014-00615 and IPR2014-00618
Patent 7,921,211 B2

3

For PETITIONER:
W. Karl Renner
Kevin E. Greene
FISH & RICHARDSON P.C.
axf@fr.com
IPR38868-0007IP1@fr.com

For PATENT OWNER:

Joseph E. Palys
Naveen Modi
PAUL HASTINGS LLP
josephpalys@paulhastings.com
naveenmodi@paulhastings.com

Jason E. Stach
FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
jason.stach@finnegan.com