`
`___________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________________________
`
`NJOY, INC., CB DISTRIBUTORS, INC.,
`DR DISTRIBUTORS, LLC, FIN BRANDING GROUP, LLC,
`ELECTRONIC CIGARETTES INTERNATIONAL GROUP, LTD., f/k/a VIC-
`TORY ELECTRONIC CIGARETTES CORPORATION, and, LOGIC TECH-
`NOLOGY DEVELOPMENT, LLC,
`Petitioners,
`
`v.
`
`FONTEM HOLDINGS 1 B.V.,
`Patent Owner.
`
`___________________________________
`
`
`
`Case IPR2015-01299
`Patent 8,910,641 B2
`
`___________________________________
`
`
`
`JOINT REQUEST TO FILE SETTLEMENT AGREEMENT AS BUSINESS
`CONFIDENTIAL INFORMATION PURSUANT TO 35 U.S.C. § 317
`
`
`
`
`
`
`
`IPR2015-01299
`U.S. Patent No. 8,910,641
`Pursuant to 35 U.S.C. § 317(b), 37 C.F.R. § 42.74(c), and an email received
`
`from the Board on December 2, 2015, Patent Owner Fontem Holdings 1 B.V. (“Pa-
`
`tent Owner”) and Petitioner Logic Technology Development, LLC (“Logic”) joint-
`
`ly request to file the settlement agreement including the license agreement, as ref-
`
`erenced in the Joint Motion to Terminate Petitioner Logic Pursuant to 35 U.S.C. §
`
`317, as business confidential information, which shall be kept separate from the
`
`file of the involved patents. Patent Owner and Petitioner Logic request that the set-
`
`tlement and license agreement be accessible to the “Board Only” because Petition-
`
`ers NJOY, Inc. (“NJOY”), CB Distributors, Inc. and DR Distributors, Inc. (togeth-
`
`er, “CB/DR”), FIN Branding Group, LLC, Electronic Cigarettes International
`
`Group, LTD.,
`
`f/k/a Victory Electronic Cigarettes Corporation
`
`(together,
`
`“FIN/ECIG”) should not have access to the settlement and license agreement.
`
`
`
`
`
`
`
`
`
`
`
`December 3, 2015
`
`
`
`Respectfully submitted,
`
`By: /Michael J. Wise/ _______
`Michael J. Wise
`Reg. No. 34,047
`PERKINS COIE LLP
`1888 Century Park East, Suite 1700
`Los Angeles, CA 90067
`Phone: 310-788-3210
`Facsimile: 310-788-3399
`MWise@PerkinsCoie.com
`
`By: /James H. Morris/
`James H. Morris (Lead Counsel)
`Reg. No. 34,681
`WOLF, GREENFIELD & SACKS,
`P.C.
`600 Atlantic Avenue
`Boston, MA 02210-2206
`P: 617-646-8000 / F: 617-646-8646
`JMorris-PTAB@wolfgreenfield.com
`
`
`
`Lead Counsel for Petitioners
`
`1
`
`
`
`Lead Counsel for Patent Owner
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the following document has
`
`
`
`been served in its entirety by filing the JOINT REQUEST TO FILE SETTLE-
`
`MENT AGREEMENT AS BUSINESS CONFIDENTIAL INFORMATION PUR-
`
`SUANT TO 35 U.S.C. § 317 through the Patent Review Processing System, as
`
`well as by causing the aforementioned document to be electronically mailed, pur-
`
`suant to the parties’ agreement, to the following attorneys of record for the Peti-
`
`tioners listed below:
`
`James H. Morris (Lead Counsel)
`Edmund J. Walsh (Backup Counsel)
`WOLF, GREENFIELD & SACKS, P.C.
`JMorris-PTAB@wolfgreenfield.com
`EWalsh-PTAB@wolfgreenfield.com
`
`
`Dated:
`
`
`
`
`
`December 3, 2015
`
`
`
`
`
`
`
`/Amy Candeloro/
`Paralegal
`PERKINS COIE LLP
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