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Paper No. 8
`Date: March 30, 2017
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`_________________
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`IRADION LASER, INC.,
`
`Petitioner,
`
`v.
`
`NOVANTA CORP.,
`
`Patent Owner.
`
`_________________
`
`Case IPR2017-00244
`Patent 6,198,759
`_________________
`
`
`JOINT REQUEST TO TREAT SETTLEMENT AGREEMENT
`AS BUSINESS CONFIDENTIAL INFORMATION
`PURSUANT TO 35 U.S.C. § 317
`
`
`

`

`IPR2017-00244 (Pat. 6,198,759)
`Joint Request to Treat Settlement Agreement as Business Confidential Information
`
`
`
`Pursuant to 35 U.S.C. § 317(b), 37 C.F.R. § 42.74(c), and in full compliance
`
`with the Board’s authorization of March 28, 2017 (see Exhibit 1007), Petitioner
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`Iradion Laser, Inc. (“Iradion”) and Patent Owner Novanta Corp. (“Novanta”)
`
`(collectively, the “Parties”) jointly request that the Parties’ confidential Settlement
`
`Agreement (Exhibit 1008) referenced in the concurrently-filed Joint Motion to
`
`Terminate Proceedings be treated as business confidential information. The Parties
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`further jointly request that the confidential Settlement Agreement be kept separate
`
`from the file of the patent involved in this proceeding—U.S. Patent No.
`
`6,198,759—and be made available only to Federal Government agencies on
`
`written request or to persons showing good cause. See 35 U.S.C. § 317(b); 37
`
`C.F.R. § 42.74(c).
`
`A true copy of the Settlement Agreement entered into between the Parties on
`
`March 15, 2017, has been submitted as Exhibit 1008 with the Parties’ Joint Motion
`
`to Terminate.
`
` That Settlement Agreement contains business confidential
`
`information of both Parties, including highly confidential details of Iradion’s
`
`product designs and an unpublished patent application of Iradion. Additionally,
`
`the Parties have both agreed to not disclose the terms of the Settlement Agreement.
`
`See Exhibit 1008 at § 14.1.
`
`
`
`1
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`

`

`IPR2017-00244 (Pat. 6,198,759)
`Joint Request to Treat Settlement Agreement as Business Confidential Information
`
`Respectfully submitted,
`
`
`
`/Joshua P. Larsen/
`Joshua P. Larsen
`Reg. No. 62,761
`Counsel for Petitioner
`
`
`
`
`
`/Tammy J. Dunn/
`Tammy J. Dunn
`Reg. No. 69,167
`Counsel for Patent Owner
`
`
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`
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`2
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`Date: March 30, 2017
`
`
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`

`

`IPR2017-00244 (Pat. 6,198,759)
`Joint Request to Treat Settlement Agreement as Business Confidential Information
`
`CERTIFICATE OF SERVICE
`
`
`
`Pursuant to 37 C.F.R. § 42.6(e) , the undersigned certifies that, on March 30,
`
`2017, I caused a true and correct copy of the foregoing JOINT REQUEST TO
`
`TREAT SETTLEMENT AGREEMENT AS BUSINESS CONFIDENTIAL
`
`INFORMATION to be served via electronic mail on counsel for Patent Owner at
`
`the following addresses:
`
`
`Peter C. Schechter
`Tammy J. Dunn
`Schechter@oshaliang.com
`Dunn@oshaliang.com
`NovantaIPRService@oshaliang.com
`
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`/Joshua P. Larsen/
`Joshua P. Larsen
`Reg. No. 62,761
`Counsel for Petitioner
`
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`3
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`

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