Finisar Corporationv.Thomas Swan & Co. Ltd.

Patent Trial and Appeal Board

Nov 3, 2014

11514725 (P.T.A.B. Nov. 3, 2014)

Trials@uspto.gov Paper 18
571-272-7822 Date: November 3, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
_____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

FINISAR CORP.,
Petitioner,

v.

THOMAS SWAN & CO. LTD.,
Patent Owner.
_______________

IPR2014-00461
Patent 7,664,395 B2
____________

Before SALLY C. MEDLEY, MICHELLE R. OSINSKI, and
BARBARA A. PARVIS, Administrative Patent Judges.

MEDLEY, Administrative Patent Judge.

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

On October 29, 2014, the parties filed a joint motion to terminate this
proceeding, along with a true copy of their written settlement agreement, made in
connection with the termination of the instant proceeding, in accordance with
35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Paper 16; Ex. 2009. The parties also
IPR2014-00461
Patent 7,664,395 B2

2

filed a joint request to have their settlement agreement treated as confidential
business information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper
16.
The joint motion to terminate indicates that the settlement agreement
requires the parties to terminate all disputes, including related matters and
litigation involving U.S. Patent No. 7,664,395. Id. at 2–4.
The Board instituted trial on August 21, 2014. Paper 9. At this juncture of
the proceeding, the Board does not have before it full briefing on the trial issues
and the Board has not entered a final decision.
Based on the facts of this case, it is appropriate to enter judgment1 without
rendering a final written decision. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72.
It is
ORDERED that the joint motion to terminate IPR2014-00461 is granted;
FURTHER ORDERED that the proceeding is terminated; and
FURTHER ORDERED that the parties’ joint request that the settlement
agreement be treated as business confidential information kept separate from the
patent file, and made available only to Federal Government agencies on written
request, or to any person on a showing of good cause, pursuant to 35 U.S.C.
§ 317(b) and 37 C.F.R. § 42.74(c), is granted.

1 A judgment means a final written decision by the Board, or a termination of a
proceeding. 37 C.F.R. § 42.2.

IPR2014-00461
Patent 7,664,395 B2

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For PETITIONER:

David Radulescu
Gregory Maskel
RADULESCU LLP
david@radulescullp.com
greg@radulescullp.com

Kurt Rauschenbach
RAUSCHENBACH PATENT LAW GROUP
kurt@rauschenbach.com

For PATENT OWNER:

Marc M. Wefers
W. Karl Renner
FISH & RICHARDSON P.C.
wefers@fr.com
IPR28733-002IP1@fr.com