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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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`BOYDSTUN EQUIPMENT MANUFACTURING, LLC
`Petitioner
`v.
`COTTRELL, INC.
`Patent Owner
`
`CASE IPR2017-00962
`Patent No. 7,585,140
`
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`JOINT MOTION BY BOYDSTUN EQUIPMENT MANUFACTURING, LLC
`AND COTTRELL, INC. TO
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`TERMINATE INTER PARTES REVIEW PURSUANT TO 35 U.S.C. § 317
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`Pursuant to 35 U.S.C. § 317(a) and 37 C.F.R. § 42.72, Petitioner Boydstun
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`Equipment Manufacturing, LLC (“Boydstun”) and Patent Owner Cottrell, Inc.
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`(“Cottrell”) jointly request termination of the Inter Partes Review of U.S. Patent
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`No. 7,585,140 (“the ’140 patent”), Case No. IPR2017-00962. On February 20,
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`2018, the Board authorized the parties to file this joint motion.
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`Termination is appropriate because this joint request for termination is being
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`filed before the Board has decided the merits of the proceeding, thus satisfying the
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`requirements of § 317(a). A settlement agreement between Boydstun and Cottrell
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`has been made in writing, which settles all these disputes and which is being filed
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`contemporaneously as Business Confidential Information pursuant to 35 U.S.C. §
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`317(b) and 37 C.F.R. § 42.74(c). The parties certify that there are no other
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`collateral agreements or understandings made in connection with, or in
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`contemplation of, termination of this inter partes review.
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`Termination is appropriate because the parties have settled all of the judicial
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`and administrative matters concerning the ’140 patent. In addition to this inter
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`partes review, the parties were engaged in litigation in Boydstun Equipment
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`Manufacturing, LLC v. Cottrell, Inc., 3:16-cv-790-SI, in the District of Oregon.
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`Pursuant to the settlement agreement the parties have already dismissed the
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`litigation in the District of Oregon, and there is no litigation or proceeding
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`involving the ’140 patent contemplated in the foreseeable future.
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`1
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`February 27, 2018
`
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`Boydstun Equipment Manufacturing,
`LLC, by its Attorneys,
`
` /Stephen J. Joncus / (with permission)
`Stephen J. Joncus
`Reg. No. 44,809
`Joncus Law P.C.
`13203 SE 172nd Ave Ste 166 #344
`Happy Vally, OR 97086
`971.236.1200
`steve@joncus.net
`
`Lead Counsel
`
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`Cottrell, Inc., by its Attorneys,
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` / Ryan J. McBrayer /
`Ryan J. McBrayer
`Reg. No. 54,299
`Perkins Coie LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101
`206.359.3073
`RMcBrayer@perkinscoie.com
`
`Lead Counsel
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`2
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true copy of the foregoing
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`document was served in its entirety this 27th day of February, 2018 by
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`electronic mail on the Petitioner via its attorneys of record:
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`JONCUS LAW LLC
`Stephen J. Joncus - steve@joncus.net.
`David Madden - dhm@mersenne.com
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`
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`Dated: February 27, 2018
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`PERKINS COIE LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101
`(206) 359-3073
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`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`San Diego, CA 92130
`(858) 720-5700
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`Respectfully submitted,
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` /Ryan J. McBrayer/
`Lead Counsel
`Ryan J. McBrayer, Reg. No. 54,299
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`Back-Up Counsel
`Amy E. Simpson, Reg. No. 54,688
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`Attorneys for Cottrell, Inc.
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