Raritan, Inc.v.Server Technology, Inc.

Patent Trial and Appeal Board

Jan 14, 2016

09930780 (P.T.A.B. Jan. 14, 2016)

Trials@uspto.gov Paper 12
571-272-7822 Entered: January 14, 2016

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

RARITAN AMERICAS, INC. D/B/A RARITAN COMPUTER, INC.,
Petitioner,

v.

SERVER TECHNOLOGY, INC.,
Patent Owner.
____________

Case IPR2015-01596 (Patent 7,702,771)
Case IPR2015-01597 (Patent 7,043,543)
1

____________

Before SALLY C. MEDLEY, GLENN J. PERRY, and
KIMBERLY McGRAW, Administrative Patent Judges.

McGRAW, Administrative Patent Judge.

JUDGMENT
Termination of the Procceding
37 C.F.R. § 42.73

1
This order applies to each of the above-listed cases. Although we issue one
order to be docketed in each case, the parties are not authorized to use this
caption for any subsequent papers.
IPR2015-01596 (Patent 7,702,771)
IPR2015-01597 (Patent 7,043,543)

2
On January 8, 2016, the parties filed a joint motion to terminate in
IPR2015-01596 and IPR2015-0197, stating the parties have settled their
dispute and have agreed in a confidential settlement agreement to terminate
the proceedings. Paper 10.
2
The parties concurrently filed, in each
proceeding, a joint request to file the settlement agreement as business
confidential information pursuant to 35 U.S.C. § 317. Paper 11; 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.”).
The parties represent that a true and correct copy of the agreed-upon
confidential Settlement Agreement was provided as Exhibit 1033 and that no
collateral agreements were made in connection with the termination of this
proceeding. Paper 10. The parties also represent that the settlement
agreement resolves other related litigation proceedings involving the subject
patent and that no other proceedings concerning the subject patent are
contemplated by these parties in the foreseeable future. Id. We accept the
parties’ representations.
These proceedings are at an early stage and we have not yet instituted
a trial. Based on the facts of these cases, it is appropriate to terminate the
proceedings with respect to both parties. Therefore, the joint motions to
terminate the proceedings are granted.
Accordingly, it is

2
All citations in this decision are to the filings in IPR2015-01596.
IPR2015-01596 (Patent 7,702,771)
IPR2015-01597 (Patent 7,043,543)

3
ORDERED that the joint motions to terminate the proceedings are
granted and each of the proceedings is terminated with respect to both the
Petitioner and the Patent Owner; and
FURTHER ORDERED that in each of these proceedings, the
confidential settlement agreement be treated as business confidential
information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) and be kept
separate from the file of the patent.

IPR2015-01596 (Patent 7,702,771)
IPR2015-01597 (Patent 7,043,543)

4
FOR PETITIONER:
Reginald J. Hill
Michael Babbitt
JENNER & BLOCK
rhill@jenner.com
mbabbitt@jenner.com

FOR PATENT OWNER:

Kenneth C. Winterton
HOLLAND & HART LLP
kcwinterton@hollandhart.com