In Blackberry Corporation v. Mobilemedia Ideas, LLC, IPR2013-00036, Paper 64, (January 21, 2014); Blackberry Corporation v. Mobilemedia Ideas, LLC, IPR2013-00016, Paper 31, (December 11, 2013), the parties settled their disputes, and the parties jointly moved to terminate the proceeding. The Board terminated as to the Petitioner, but determined that it was so late in the proceeding that the inter partes review should continue on desipte the settlement. It is not clear exactly where it is, but it is clear that there is a point of no return in inter partes review proceedings.
In Interthinx, Inc. v. Corelogic Solutions, LLC, CBM2012-00007, Paper 58 (January 30, 2014), the Board cancelled the claims 1, 6, 9, and 10 of U.S. Patent No. 5,361,201, even though the parties had reached a settlement, and the trial had already been terminated as to the Petitioner (See CBM2012-00007, Paper 47 (November 12, 2014). The joint motion to terminate was filed October 25, 2013, a month after the parties had requsted an Oral Hearing, and eight days after the Board issued its Trial Hearing Order, and three days before the scheduled hearing date. It is not clear precisely when a case has to be settled before the Board will simply dismiss the case, but it is clear that there is a point of no return