Opentv, Inc.v.Cisco Technology, Inc.Download PDFPatent Trial and Appeal BoardFeb 4, 201409488230 (P.T.A.B. Feb. 4, 2014) Copy Citation Trials@uspto.gov Paper 21 571-272-7822 Entered: February 4, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ OPENTV, INC. Petitioner v. CISCO TECHNOLOGY, INC. Patent Owner ____________ Case IPR2013-00329 Patent 6,252,964 B1 Before KALYAN K. DESHPANDE, JUSTIN T. ARBES, and PATRICK M. BOUCHER, Administrative Patent Judges. ARBES, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 37 C.F.R. § 42.73 On January 31, 2014, the parties filed a joint motion (Paper 19) to terminate the instant proceeding on the basis of a settlement reached by the parties. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. The parties also filed a copy of their written settlement agreement (Exhibit 2002) and a request Case IPR2013-00329 Patent 6,252,964 B1 2 (Paper 20) to treat the settlement agreement as business confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). The instant proceeding is still in the preliminary stages. The Board instituted a trial on November 29, 2013, and Patent Owner has not yet filed its response or any motion to amend claims. The parties further represent that they have agreed to dismissal of the pending district court litigation between the parties involving Patent 6,252,964 B1. See Paper 19 at 2. The parties identify no other related matters. Under the circumstances, the Board determines that it is appropriate to terminate the trial without rendering a final written decision. See 37 C.F.R. § 42.72. In consideration of the foregoing, it is hereby: ORDERED that the parties’ joint request that the settlement agreement (Exhibit 2002) be treated as business confidential information, kept separate from the file of Patent 6,252,964 B1, and made available only to Federal Government agencies on written request, or to any person on a showing of good cause, 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 the proceeding is granted and this proceeding is hereby terminated. Case IPR2013-00329 Patent 6,252,964 B1 3 PETITIONER: Bing Ai Nicholas T. Bauz Amy E. Simpson PERKINS COIE LLP ai@perkinscoie.com opentv-cisco-ipr@perkinscoie.com PATENT OWNER: David L. McCombs Jamie McDole Phillip Philbin Gregory P. Huh HAYNES AND BOONE, LLP David.mccombs.ipr@haynesboone.com jamie.mcdole@haynesboone.com phillip.philbin.ipr@haynesboone.com gregory.huh.ipr@haynesboone.com Copy with citationCopy as parenthetical citation
