`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`MEDTRONIC XOMED, INC.
`Petitioner,
`
`v.
`
`NEUROVISION MEDICAL PRODUCTS, INC.
`Patent Owner.
`
`JOINT REQUEST TO KEEP SEPARATE PURSUANT TO 35 U.S.C.
`§ 317(b) AND 37 C.F.R. § 42.74(c)
`
`
`
`
`
`
`
`
`Case IPR2016-01405
`Case IPR2016-01406
`Case IPR2016-01847
`Case IPR2017-00456
`
`Patent 8,634,894
`Patent 8,634,894
`Patent 8,467,844
`Patent 8,634,894
`
`
`
`
`
`Cases IPR2016-01405, -01406, -01847,
`IPR2017-00456
`
`Patent Owner Neurovision Medical Products, Inc. and Petitioner Medtronic
`
`Xomed, Inc. have reached a settlement. The settlement agreement resolves the
`
`dispute in the abovecaptioned inter partes reviews and all disputes between
`
`Neurovision and Medtronic (and all other defendants in the related district court
`
`litigation) relating to U.S. Patent Nos. 8,634,894 (“’894 Patent”) and 8,467,844
`
`(“’844 Patent”). The parties jointly request that the Board treat the settlement
`
`agreement as business confidential information and keep it separate from the files
`
`of these proceedings and the files of the ’894 Patent and ’844 Patents.
`
`I.
`
`Statement of Precise Relief Requested
`
`The parties jointly request that the Board treat the settlement agreement as
`
`business confidential information and keep it separate from the files of these
`
`proceedings and the files of the ’894 Patent and ’844 Patents. The parties request
`
`that the settlement agreement “be made available only to Federal Government
`
`agencies on written request, or to any person on a showing of good cause” in
`
`accordance with 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74.
`
`II. Reasons Why Relief Is Appropriate
`
`The terms of the settlement agreement require the parties to treat the
`
`settlement agreement as confidential information and limit the parties’ ability to
`
`share the settlement agreement or disclose its contents with third parties. The
`
`parties have filed a copy of the settlement agreement with the Board, as required
`
`
`
`2
`
`
`
`Cases IPR2016-01405, -01406, -01847,
`IPR2017-00456
`
`by 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74.1 The confidential settlement
`
`agreement was filed in the PTAB E2E system to provide availability only to the
`
`Respectfully submitted,
`
` /Kent N. Shum/
`
`
`
`
`
`Kent N. Shum (Reg. No. 61,117)
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`
`
` /Justin J. Oliver/
`
`
`
`
`
`Justin J. Oliver (Reg. No. 44,986)
`Fitzpatrick, Cella, Harper & Scinto
`975 F St. NW, 4th Fl.
`Washington, DC 20004
`Phone: (202) 530-1010
`
`
`parties and the Board.
`
`
`
`Date: May 8, 2017
`
`
`
`
`
`
`
`
`1 Exhibit 2058 in IPR2016-01405; Exhibit 2058 in IPR2016-01406; Exhibit 2026
`in IPR2016-01847; Exhibit 2030 in IPR2017-00456.
`
`
`
`3
`
`
`
`
`
`Cases IPR2016-01405, -01406, -01847,
`IPR2017-00456
`
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e)(1))
`
`
`The undersigned hereby certifies that the above document was served on
`
`May 8, 2017, by filing this document through the Patent Trial and Appeal Board
`
`End to End system as well as delivering a copy via electronic mail upon the
`
`following attorneys of record for the Petitioner:
`
`Justin J. Oliver, Reg. No. 44,986
`Jason M. Dorsky, Reg. No. 64,710
`Fitzpatrick, Cella, Harper & Scinto
`Medtronic894IPR@fchs.com
`
` /Kent N. Shum/
`
`
`
`
`
`Kent N. Shum (Reg. No. 61,117)
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
`
`4
`
`
`
`Date: May 8, 2017
`
`
`
`
`
`
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