Zynga, Inc.v.Personalized Media Communications, LLCDownload PDFPatent Trial and Appeal BoardFeb 10, 201408470571 (P.T.A.B. Feb. 10, 2014) Copy Citation Trials@uspto.gov Paper 24 571-272-7822 Date: February 10, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE _____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ ZYNGA INC. Petitioner v. PERSONALIZED MEDIA COMMUNICATIONS, LLC Patent Owner ____________ Case IPR2013-00171 Patent 7,734,251 ____________ Before SALLY C. MEDLEY, KARL D. EASTHOM, and JONI Y. CHANG, Administrative Patent Judges. MEDLEY, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 37 C.F.R. § 42.73 On February 7, 2013, 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 IPR2013-00171 Patent 7,734,251 2 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Paper 22. The parties also 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). Id. The joint motion to terminate states that the parties jointly request termination of this proceeding and that termination is proper because the issues raised during the trial have not been fully briefed and the Board has not yet decided the merits of the proceeding. The motion also indicates that prior to trial in the related litigation, PMC agreed to dismiss its claims of infringement of the asserted claims of the ’251 patent. Id. The Board instituted trial on July 25, 2013. 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 judgment 1 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 IPR2013-00171 is granted; FURTHER ORDERED that the proceeding is terminated; and FURTHER ORDERED that the parties’ joint request that the settlement and 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. IPR2013-00171 Patent 7,734,251 3 For PETITIONER: David Cochran dcochran@jonesday.com Joseph Sauer jmsauer@jonesday.com Louis Touton lltouton@jonesday.com David Wu dwwu@jonesday.com For PATENT OWNER: Thomas Scott, Jr. tscott@goodwinprocter.com Stephen Schreiner sschreiner@goodwinprocter.com Copy with citationCopy as parenthetical citation
