Samsung Electronics Co., Ltd.v.Varia Holdings LLCDownload PDFPatent Trial and Appeal BoardJun 12, 201311224679 (P.T.A.B. Jun. 12, 2013) Copy Citation Trials@uspto.gov Paper 13 Tel: 571-272-7822 Entered: June 12, 2013 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ SAMSUNG ELECTRONICS CO., LTD. Petitioner v. VARIA HOLDINGS, LLC Patent Owner _______________ Case IPR2013-00190 Patent 7,167,731 _______________ Before MICHAEL P. TIERNEY, JENNIFER S. BISK, and TRENTON A. WARD Administrative Patent Judges. BISK, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 37 C.F.R. § 42.73 On June 10, 2013, the parties filed a joint motion to terminate this proceeding (Paper 10) accompanied by a copy of a settlement agreement (Paper 12) and a joint request to treat the settlement agreement as business confidential IPR2013-00190 Patent 7,167,731 (Paper 11), to be kept separate from the patent file, pursuant to 35 U.S.C. § 317 and 37 C.F.R. § 42.74. Samsung filed the petition for inter partes review in this case on March 15, 2013 (Paper 1). As no trial has been instituted, this proceeding is in the preliminary proceeding 1 stage. Based on the facts of this case, it is appropriate to enter judgment. 2 Therefore, the joint motion to terminate the proceeding is GRANTED. Accordingly, it is ORDERED that the joint request that the settlement agreement be treated as business confidential information, to be kept separate from the patent file is GRANTED; FURTHER ORDERED that the joint motion to terminate the proceeding is GRANTED; and FURTHER ORDERED that this proceeding is TERMINATED. 1 A preliminary proceeding begins with the filing of a petition for instituting a trial and ends with a written decision as to whether a trial will be instituted. 37 C.F.R. § 42.2. 2 A judgment means a final written decision by the Board, or a termination of a proceeding. 37 C.F.R. § 42.2. IPR2013-00190 Patent 7,167,731 PETITIONER: Neil Sirota Robert Maier Bradley Williams Baker Botts LLP neil.sirota@bakerbotts.com robert.maier@bakerbotts.com brad.williams@bakerbotts.com PATENT OWNER: Al AuYeung Kimvi To Ryan Fox-Lee Schwabe, Williamson & Wyatt aauyeung@schwabe.com kto@schwabe.com rfoxlee@schwabe.com Copy with citationCopy as parenthetical citation