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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`RESPIRONICS, INC.
`Petitioner
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`v.
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`ZOLL MEDICAL CORP.
`Patent Owner
`____________________
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`Case IPR2013-00322
`Patent 6,681,003
`____________________
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`JOINT REQUEST THAT SETTLEMENT AGREEMENT BE TREATED AS
`BUSINESS CONFIDENTIAL INFORMATION AND KEPT SEPARATE
`UNDER 37 C.F.R. § 42.74(c)
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Case IPR2013-00322
`Patent 6,681,003
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`I.
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`Introduction
`Petitioner Respironics, Inc.1 (“Petitioner”) and its real parties-in-interest
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`Philips Holding USA, Inc. and Koninklijke Philips N.V. and Patent Owner Zoll
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`Medical Corp. (“Zoll” or “Patent Owner”) have entered into a Confidential
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`Settlement Agreement and an amendment thereto (collectively, the “Amended
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`Confidential Settlement Agreement”) that resolves all underlying disputes between
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`the parties, including IPR2013-00322 against U.S. Patent No. 6,681,003. The
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`parties are concurrently filing a copy of the Amended Confidential Settlement
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`Agreement as Exhibit 2015. The rules and the statute permit the parties to have
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`any filed settlement agreement treated as business confidential information and
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`kept separate from the files of the involved patent. 37 C.F.R. § 42.74(c); 35 U.S.C.
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`§ 327(b). In the email of October 31, 2016, the Board authorized the parties to file
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`a joint request that the filed Amended Confidential Settlement Agreement be
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`treated as business confidential information and kept separate.
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`Because the Amended Confidential Settlement Agreement (Exhibit 2015)
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`contains confidential business information, Petitioner and Patent Owner jointly
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`request that the Office treat the Amended Confidential Settlement Agreement
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`1 Koninklijke Philips N.V. has full power and authority to act on behalf of
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`Respironics and Philips Holding USA, Inc.
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`Case IPR2013-00322
`Patent 6,681,003
`(Exhibit 2015) as business confidential information, that the Amended
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`Confidential Settlement Agreement be kept separate from the file of the involved
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`patent (for example, that the Amended Confidential Settlement Agreement not be
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`accessible through the public Patent Application Information Retrieval system, nor
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`through the PTAB Patent Review Processing System), and that the Amended
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`Confidential Settlement Agreement be made available only to Federal Government
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`agencies on written request, or to any person on a showing of good cause.
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`Case IPR2013-00322
`Patent 6,681,003
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`Respectfully submitted,
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`By: /J. Michael Jakes/
` J. Michael Jakes
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`J. Michael Jakes (Reg. No. 32,824)
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, L.L.P.
`901 New York Avenue, NW Washington,
`DC 20001-4413
`Telephone: 202.408.4045
`Facsimile: 202.408.4400
`E-mail: mike.jakes@finnegan.com
`Attorneys for Petitioner
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`By: /Michael R. Fleming/
` Michael R. Fleming
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`Michael R. Fleming (Reg. No. 67933)
`IRELL & MANELLA LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067-4276
`Telephone: (310) 277-1010
`Fax: (310) 203-7199
`Email: MFleming@irell.com
`John C. Phillips (Reg. No. 35,322)
`Dorothy P. Whelan (Reg. No. 33,814)
`John A. Dragseth (Reg. No. 42,497)
`Kurt L. Glitzenstein (Reg. No. 39,686)
`Jennifer Huang (Reg. No. 64,297)
`Frank Gerratana (Reg. No. 62,653)
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Attorneys for Patent Owner
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`Dated: November 21, 2016
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`CERTIFICATE OF SERVICE
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`Case IPR2013-00322
`Patent 6,681,003
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`I hereby certify, pursuant to 37 C.F.R. sections 42.6 that a complete copy of
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`the foregoing documents are being served via electronic mail, as consented by the
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`parties on the November 21, 2016, the same day as the filing of the above-
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`identified documents in the United States Patent and Trademark Office/Patent Trial
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`and Appeal Board upon the following:
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`J. Michael Jakes (Reg. No. 32,824)
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, L.L.P.
`901 New York Avenue, NW
`Washington, DC 20001-4413
`Telephone: 202.408.4045
`Facsimile: 202.408.4400
`E-mail: mike.jakes@finnegan.com
`
` /Susan M. Langworthy/
` Susan M. Langworthy
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