Trials@uspto.gov Paper 20
571-272-7822 Date: July 29, 2020
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________
LG ELECTRONICS, INC.,
Petitioner,
v.
BELL NORTHERN RESEARCH, LLC,
Patent Owner.
___________
IPR2020-00319
Patent 7,039,435 B2
___________
Before BRYAN F. MOORE, STACY B. MARGOLIES, and SCOTT E. BAIN,
Administrative Patent Judges.
MOORE, Administrative Patent Judge.
TERMINATION
Due to Settlement After Institution of Trial
35 U.S.C. § 317; 37 C.F.R. § 42.74
IPR2020-00319
Patent 7,039,435 B2
2
Pursuant to our authorization, on July 16, 2020, the parties filed a Joint
Motion to Terminate the above-captioned proceeding. Paper 17. Along with the
motion, the parties filed a settlement agreement (Exhibit 2021) and a Joint Request
to Keep Separate (Paper 18), in which the parties request the settlement agreement
be treated as business confidential information pursuant to 35 U.S.C. § 317(b) and
37 C.F.R. § 42.74(c).
The parties state that they have settled their dispute regarding the challenged
patent, the settlement agreement has been made in writing, and a true and correct
copy of the agreement is filed as Exhibit 2021. Paper 17, 1–2. The parties further
state that the district court has dismissed the claims relating to the challenged
patent. Id. at 2. The parties also assert that there are no public interest or other
factors that weigh against termination of this proceeding. Id. at 1–2.
We instituted trial on June 23, 2020. Paper 15. This proceeding is in its
early stages and we have not yet decided the merits. Under the circumstances, we
determine it is appropriate to terminate this proceeding. See 35 U.S.C. § 317(a).
We further determine it is appropriate to treat the settlement agreement as business
confidential information, and, therefore, grant the request. See 35 U.S.C. § 317(b);
37 C.F.R. § 42.74(c).
It is
ORDERED that the Joint Motion to Terminate this proceeding is
GRANTED and the proceeding is hereby terminated; and
FURTHER ORDERED that the Joint Request that the settlement agreement
(Exhibit 2021) be treated as business confidential information pursuant to
35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) is GRANTED.
IPR2020-00319
Patent 7,039,435 B2
3
For PETITIONER:
Timothy Riffe
Christopher Hoff
Robert Andrew Schwentker
FISH & RICHARDSON P.C.
riffe@fr.com
hoff@fr.com
schwentker@fr.com
For PATENT OWNER:
Steven W. Hartsell
Alexander E. Gasser
SKIERMONT DERBY LLP
shartsell@skiermontderby.com
agasser@skiermontderby.com
