Realtek Semiconductor Corporationv.Andrea Electronics CorporationDownload PDFPatent Trial and Appeal BoardNov 3, 201508672899 (P.T.A.B. Nov. 3, 2015) Copy Citation Trials@uspto.gov 571-272-7822 Paper No. 8 Date Entered: November 3, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ REALTECK SEMICONDUCTOR CORPORATION, Petitioner, v. ANDREA ELECTRONICS CORPORATION, Patent Owner. ____________ Case IPR2015-01391 Patent 5,825,898 ____________ Before MICHAEL R. ZECHER, TREVOR M. JEFFERSON, and JEREMY M. PLENZLER, Administrative Patent Judges. JEFFERSON, Administrative Patent Judge. DECISION Termination of the Proceeding 37 C.F.R. §§ 42.72 and 42.74 IPR2015-01391 Patent 5,825,898 2 I. DISCUSSION On October 16, 2015, the parties filed a Joint Motion to Terminate this proceeding (Paper 6), a true copy of the parties’ settlement agreement (Ex. 2001), and a request to treat the settlement agreement as business confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) (Paper 7). This proceeding is still in its preliminary stages. Petitioner, Realtek Semiconductor Corporation (“Realtek”), filed a Petition requesting an inter partes review of claims 1–28 of U.S. Patent No. 5,825,898 (“the ’898 patent”). Paper 1. Patent Owner, Andrea Electronics Corporation (“Andrea”), has not filed a Preliminary Response, and we have not entered a decision whether or not to institute an inter partes review. In the Joint Motion to Terminate this proceeding, the parties represent that they have settled their disputes regarding the ’898 patent. Paper 6, 2. The parties identify the following related matters: (1) the ’898 patent was asserted against multiple companies in the United States Court for the Eastern District of New York; (2) the ’898 patent is the subject of an International Trade Commission investigation; and (3) in the United States Court for the Northern District of California Realtek filed a breach of contract lawsuit against Andrea concerning a licensing agreement related to the ’898 patent. Id. at 2–4. The parties, however, do not represent that the ’898 patent is involved in any other proceedings before the Office. See generally id. Under these circumstances, we determine that it is appropriate to terminate this proceeding without rendering any further decisions. See 37 C.F.R. § 42.72. IPR2015-01391 Patent 5,825,898 3 II. ORDER In consideration of the foregoing, it is hereby: ORDERED that the parties’ request to treat the settlement agreement (Ex. 2001) as business confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) is GRANTED; and FURTHER ORDERED that the Joint Motion to Terminate this proceeding is GRANTED, and this proceeding is hereby terminated. IPR2015-01391 Patent 5,825,898 4 For PETITIONER: John M. Caracappa Tremayne M. Norris Stanley C.T. Kuo Trevor C. Hill David L. Hecht Steptoe & Johnson LLP jcaracap@steptoe.com tnorris@steptoe.com skuo@steptoe.com thill@steptoe.com dhecht@steptoe.com For PATENT OWNER: Andy H. Chan George S. Haight Yue (Lily) Li Griffin Mesmer Pepper Hamilton LLP chana@pepperlaw.com haightg@pepperlaw.com lil@pepperlaw.com mesmerg@pepperlaw.com Copy with citationCopy as parenthetical citation