Nissan North America, Inc.v.Cruise Control Technologies LLCDownload PDFPatent Trials and Appeals BoardDec 10, 201409310527 - (D) (P.T.A.B. Dec. 10, 2014) Copy Citation Trials@uspto.gov 571-272-7822 Paper No. 30 Date Entered: December 10, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ FORD MOTOR COMPANY, JAGUAR LAND ROVER NORTH AMERICA, LLC, VOLVO CARS OF NORTH AMERICA, LLC, TOYOTA MOTOR NORTH AMERICA, INC., AMERICAN HONDA MOTOR CO., INC., NISSAN NORTH AMERICA, INC., and SUBARU OF AMERICA, INC., Petitioner, v. CRUISE CONTROL TECHNOLOGIES LLC, Patent Owner. ____________ Case IPR2014-00281 Patent 6,324,463 ____________ Before JOSIAH C. COCKS, HYUN J. JUNG, and GEORGE R. HOSKINS, Administrative Patent Judges. COCKS, Administrative Patent Judge. DECISION Joint Motion to Terminate the Inter Partes Review with Respect to American Honda Motor Co., Inc. 35 U.S.C. § 317 and 37 C.F.R. § 42.72 Case IPR2014-00281 Patent 6,324,463 2 1. Introduction On November 14, 2014, Cruise Control Technologies LLC (“Patent Owner”) and American Honda Motor Co., Inc. (“Honda”) (collectively referred to as “the Parties”) filed a Joint Motion to Terminate this inter partes review proceeding with respect to Honda. Paper 27 (“Joint Motion to Terminate”)1. Along with the Joint Motion to Terminate, the Parties filed a true copy of the written settlement agreement (Ex. 2000), as well as a joint request (Paper 28) to have the settlement agreement treated as business confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). 2. Discussion Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under this chapter shall be terminated with respect to any petitioner upon the joint request of the petitioner and the patent owner, unless the Office has decided the merits of the proceeding before the request for termination is filed.” The Parties also state the following in the Joint Motion to Terminate: Patent Owner and Honda respectfully submit that termination is appropriate because they have reached an agreement resolving the dispute involving the patent at issue in the above-captioned Inter Partes Review, it is prior to full briefing on the issues raised in the above-captioned Inter Partes Review, and the Board has not issued a final written decision. Further, Honda represents that it will no longer participate even if the Board does not terminate its participation in the above-captioned Inter Partes Review. That means Honda will file no further papers. It also will not be conducting any further cross examination of Patent Owner’s witnesses and will not be participating in any oral argument. 1 The motion was authorized in a conference call on November 12, 2014. Paper 29. Case IPR2014-00281 Patent 6,324,463 3 Joint Motion to Terminate 1. Upon consideration of the circumstances of this proceeding, the panel has determined to terminate the inter partes review (IPR2014-00281) as to Honda. 3. Order It is ORDERED that, as was requested timely by the Parties (Paper 28), the settlement agreement (Exhibit 2000) will be treated as business confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c); and FURTHER ORDERED that the Joint Motion to Terminate the involvement of Honda in IPR2014-00281 is granted. Case IPR2014-00281 Patent 6,324,463 4 PETITONER: Matthew J. Moore Robert Steinberg LATHAM & WATKINS LLP matthew.moore@lw.com bob.steinberg@lw.com Matthew D. Satchwell DLA PIPER LLP (US) matthew.satchwell@dlapiper.com John M. Caracappa STEPTOE & JOHNSON LLP jcaracap@steptoe.com Wab Kadaba KILPATRICK TOWNSEND & STOCKTON LLP wkadaba@kilpatricktownsend.com William H. Mandir SUGHRUE MION PLLC wmandir@sughrue.com PATENT OWNER: John R. Kasha Kelly L. Kasha KASHA LAW LLC john.kasha@kashalaw.com kelly.kasha@kashalaw.com Copy with citationCopy as parenthetical citation
