`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
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`FRONTIER WATER SYSTEMS, LLC
`Petitioner
`
`v.
`
`GENERAL ELECTRIC CORPORATION
`Patent Owner
`
`U.S. Patent No. 7,790,034
`Filing Date: January 22, 2008
`Issue Date: September 7, 2010
`Title: Apparatus and Method for Treating FGD Blowdown or Similar Liquids
`____________________
`
`Inter Partes Review Case No. IPR2017-01468
`__________________________________________________________________
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`JOINT MOTION TO TERMINATE INTER PARTES REVIEW
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313
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`
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`Pursuant to 35 U.S.C. § 317(a) and 37 C.F.R. § 42.74, Petitioner Frontier
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`Water Systems, LLC (“Petitioner”) and Patent Owner, General Electric Company
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`(“Patent Owner”) jointly request termination of inter partes review IPR2017-01468
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`involving U.S. Patent No. 7,790,034 (“the ’034 Patent”), filed by Petitioner on May
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`24, 2017.
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`Pursuant to a global settlement agreement between the parties (the
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`“Agreement”), Petitioner and Patent Owner have agreed to jointly seek termination
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`of the above-captioned inter partes review and the related pending district court
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`litigation, Frontier Water Systems, LLC, Timothy Pickett, and James Peterson vs.
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`General Electric Company, et al., Case No. 2:17-cv-00261 (C.D. Utah) (the “Utah
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`Litigation”). The parties’ Joint Stipulation of Dismissal With Prejudice was filed in
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`the Utah litigation and the Utah litigation has been dismissed; the Court’s dismissal
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`is included as EX1024. After the requested termination of this proceeding and the
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`Utah Litigation, no other disputes regarding the ’034 Patent will remain between the
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`parties. There are no other litigation or proceedings in which the ’034 Patent is
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`involved, and Patent Owner states that none is contemplated in the foreseeable
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`future.
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`For at least these reasons, Patent Owner and Petitioner submit that termination
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`is appropriate.
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`2
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`
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`The filing of this Joint Motion was authorized by the Board in an email on
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`October 25, 2017. At this time, the Board has not reached a decision on institution.
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b), filed separately
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`herewith as EX1023 is a true copy of the aforementioned Agreement. The Parties
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`hereby certify that EX1023 is the complete agreement between the Parties, and no
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`other collateral agreements or understandings have been made or are contemplated to
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`be made relating to this IPR proceeding including its termination. In accordance
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`with the Joint Request to Treat Confidential Agreement Under Seal, filed herewith,
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`the parties request that the Agreement be treated as business confidential
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`information, and be kept separate from the files of this proceeding in accordance with
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`37 C.F.R. § 42.74(c).
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`Dated: October 26, 2017
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`Respectfully submitted,
`
`/ Adam K. Yowell /
`Adam K. Yowell (Reg. No. 69,955)
`Email: ayowell@bhfs.com
`BROWNSTEIN HYATT FARBER
`SCHRECK
`5371 Kietzke Lane
`Reno, NV 89511
`Telephone: (775) 324-4100
`Facsimile: (775) 333-8171
`Counsel for Petitioner,
`FRONTIER WATER SYSTEMS, LLC
`
`3
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`
`
`/ David Pollock /
`David Pollock (Reg. No. 48,977)
`Email: dpollock@reedsmith.com
`Jonathan I. Detrixhe (Reg. No. 68,556)
`Email:jdetrixhe@reedsmith.com
`REED SMITH, LLP
`101 Second Street, Suite 1800
`San Francisco, CA 94105
`Counsel for Patent Owner,
`GENERAL ELECTRIC COMPANY
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`4
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`
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e)(4), the undersigned certifies that on October
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`23, 2017, a complete and entire copy of Joint Motion to Terminate Inter Partes
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`Review was provided electronically via email, pursuant to agreement of the parties
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`under 37 C.F.R. § 42.6(e)(1), to the Patent Owner by serving the correspondence
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`address of record of lead and back-up counsel as follows:
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`David Pollock
`Email: dpollock@reedsmith.com
`Jonathan I. Detrixhe
`Email:jdetrixhe@reedsmith.com
`REED SMITH, LLP
`101 Second Street, Suite 1800
`San Francisco, CA 94105
`
`Dated: October 26, 2017
`
`/ Adam K. Yowell /
`Adam K. Yowell
`Attorney for Petitioner,
`Frontier Water Systems, LLC
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`5
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`