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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BOYDSTUN EQUIPMENT MANUFACTURING, LLC
`Petitioner
`v.
`COTTRELL, INC.
`Patent Owner
`
`CASE IPR2017-00962
`Patent No. 7,585,140
`
`
`JOINT MOTION BY BOYDSTUN EQUIPMENT MANUFACTURING, LLC
`AND COTTRELL, INC. TO
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`TREAT THE SETTLEMENT AGREEMENT AS BUSINESS
`CONFIDENTIAL INFORMATION UNDER 35 U.S.C. § 317(b)
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner
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`Boydstun Equipment Manufacturing, LLC (“Boydstun”) and Patent Owner
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`Cottrell, Inc. (“Cottrell”) jointly request that the written settlement agreement
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`being filed concurrently herewith as Confidential Exhibit EX20081 be treated as
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`Business Confidential Information, which shall be kept separate from the file of the
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`subject patent and be made available only as authorized by § 317(b). There is good
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`cause to treat the settlement as Business Confidential Information because it
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`contains competitively sensitive business information including the terms of
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`settlement, the disclosure of which would harm the businesses of Boydstun and
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`Cottrell. That is why the Agreement includes a strict confidentiality requirement in
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`paragraph 7.
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`March 13, 2018
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`Boydstun Equipment Manufacturing,
`LLC, by its Attorneys,
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` /
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`
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`Cottrell, Inc., by its Attorneys,
`
`
`/ 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
`
` Stephen J. Joncus / (with permission)
`Stephen J. Joncus, Reg. No. 44,809
`Joncus Law P.C.
`13203 SE 172nd Ave Ste. 166 #344
`Happy Valley, OR 97086
`971.236.1200
`steve@joncus.net
`
`Lead Counsel
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`1 Exhibit 2008 is an executed copy of the agreement that was filed as Exhibit 2007, which is
`subject to a separate motion to seal (paper 19). The Parties request that both exhibits be
`treated as Business Confidential Information.
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`
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`1
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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 and Exhibit 2008 were served in their entirety this 13th day of
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`March, 2018 by 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: March 13, 2018
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`PERKINS COIE LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101
`(206) 359-3073
`
`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`San Diego, CA 92130
`(858) 720-5700
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`Respectfully submitted,
`
` /Ryan J. McBrayer /
`Lead Counsel
`Ryan J. McBrayer, Reg. No. 54,299
`
`Back-Up Counsel
`Amy E. Simpson, Reg. No. 54,688
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`Attorneys for Cottrell, Inc.
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