`
`––––––––––
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`––––––––––
`
`ELEKTA INC.
`Petitioner
`v.
`
`VARIAN MEDICAL SYSTEMS, INC.
`Patent Owner
`
`––––––––––
`
`Case IPR2016-01904
`Patent No. 6,888,919
`
`––––––––––
`
`
`
`JOINT REQUEST TO FILE SETTLEMENT
`AGREEMENT AS BUSINESS CONFIDENTIAL
`INFORMATION PURSUANT TO 35 U.S.C. § 317 and
`37 C.F.R. § 42.74(c)
`
`
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box. 1450
`Alexandria, Virginia 22313-1450
`
`
`
`Pursuant to 35 U.S.C. § 317 and 37 C.F.R. § 42.74, and the Board’s Order
`
`Case IPR2016-01902
`U.S. Patent No. 6,888,919
`
`
`
`Authorizing Motion to Terminate, Paper No. 11 (April 7th, 2017), Patent Owner
`
`Varian Medical Systems, Inc. (“Patent Owner”) and Petitioner Elekta, Inc.
`
`(“Petitioner”)
`
`jointly request
`
`to file
`
`the Settlement Agreement, submitted
`
`concurrently herewith as Exhibit 2008 to the Joint Motion to Terminate the
`
`Proceeding, in its entirety, as Business Confidential information.1
`
`If requested, the rules permit the parties to have any filed settlement agreement
`
`treated as business confidential information and kept separate from the files of the
`
`involved patent. 37 C.F.R. § 42.74(c). Indeed, the statute requires it.
`
`At the request of a party to the proceeding, the agreement or
`understanding
`shall be
`treated as business confidential
`information, shall be kept separate from the file of the involved
`patents, and shall be made available only to Federal Government
`agencies on written request, or to any person on a showing of
`good cause.
`35 U.S.C. § 317(b).
`
`Petitioner and Patent Owner hereby request that the settlement agreement filed
`
`herewith as Exhibit 2008 be treated as business confidential information, be kept
`
`separate from the file of the above captioned IPR, and be made available only to
`
`
`1 The Settlement Agreement has been filed electronically via E2E for “Parties and
`
`Board Only” to preserve confidentiality.
`
`
`
`
`Federal Government agencies on written request, or to any person on a showing of
`
`Case IPR2016-01902
`U.S. Patent No. 6,888,919
`
`good cause pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). In view of that
`
`request the settlement agreement has been filed for access by the “Parties and Board
`
`Only.”
`
`
`
`
`
`
`
`Respectfully submitted this 12th day of April, 2017.
`
`
`
`/Eliot D. Williams/
`Eliot D. Williams
`Reg. No. 50,822
`Baker Botts L.L.P.
`1001 Page Mill Road
`Building One, Suite 200
`Palo Alto, California 94304
`Phone: (650) 739-7511
`E-mail: eliot.williams@bakerbotts.com
`Lead Counsel for Patent Owner
`
`/Timothy J. May/
`Timothy J. May
`Reg. No. 41,538
`Finnegan, Henderson, Farabow, Garrett &
`Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001
`Phone: (202) 408-4000
`E-mail: tim.may@finnegan.com
`Lead Counsel for Petitioner
`
`
`
`
`
`
`
`Case IPR2016-01904
`U.S. Patent No. 6,888,919
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §§ 42.6(e), I hereby certify that on April 12, 2017 the
`
`foregoing document is being served electronically by agreement of the parties, by
`
`e-mail to the following counsel of record:
`
`
`
` tim.may@finnegan.com
`Timothy J. May
`James R. Barney james.barney@finnegan.com
`Lauren J. Dreyer lauren.dreyer@finnegan.com
`Joshua L. Goldberg joshua.goldberg@finnegan.com
`
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001
`(202) 408-4000
`
`
`
`
`
`
`
`
`/Eliot D. Williams/
`
`
`
`
`
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