`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HUAWEI TECHNOLOGIES CO. LTD.,
`Petitioner
`
`v.
`
`NOKIA SOLUTIONS AND NETWORKS OY,
`Patent Owner
`____________
`
`Case: IPR2017-01581
`U.S. Patent No. 8,121,082
`____________
`
`JOINT REQUEST TO FILE SETTLEMENT AGREEMENT AS
`CONFIDENTIAL BUSINESS INFORMATION PURSUANT TO
`35 U.S.C. § 317(b) 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, VA 22313-1450
`
`
`
`On December 21, 2017, Petitioner Huawei Techs. Co. Ltd. (“Huawei” or
`
`“Petitioner”) and Patent Owner Nokia Solutions and Networks Oy (“Nokia”) settled
`
`their dispute with respect to U.S. Patent No. 8,121,082 (“the 082 Patent”), which is
`
`subject to the above-captioned inter partes review proceeding. The Litigation
`
`Settlement Agreement between the parties fully resolves all disputes relating to the
`
`082 Patent before the district court, court of appeals, and the PTAB. See
`
`Exhibit 1100. Pursuant to 37 C.F.R. § 42.74(b), any agreement or understanding
`
`between the parties made in connection with, or in contemplation of, the termination
`
`of a proceeding shall be in writing and a true copy shall be filed with the Board
`
`before the termination of the trial. Accordingly, the parties have filed the Litigation
`
`Settlement Agreement herewith as Exhibit 1100.
`
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), the parties hereby
`
`jointly request that Exhibit 1100 is treated as confidential business information, kept
`
`separate from the files of the involved patent, and made available only to Federal
`
`Government agencies on written request, or to any person on a showing of good
`
`cause. The Board authorized the parties to file this Joint Request on December 22,
`
`2017 via e-mail.
`
`The terms require the parties to treat the Litigation Settlement Agreement as
`
`confidential
`
`information and limit
`
`the parties’ ability to share the settlement
`
`agreement or disclose its contents with third parties. See Exhibit 1100, at 4–5.
`
`1
`
`
`
`Moreover, the Litigation Settlement Agreement does not contain any information
`
`material to patentability. As such, the parties respectfully request that the Board treat
`
`Exhibit 1100 as confidential business information pursuant to 35 U.S.C. § 317(b)
`
`and 37 C.F.R. § 42.74(c).
`
`Dated: December 22, 2017
`
`Dated: December 22, 2017
`
`/s/ W. Karl Renner
`W. Karl Renner
`Registration No. 41,265
`Lead Counsel for Petitioner
`
`/ s/ S. Benjamin Pleune
`S. Benjamin Pleune
`Registration No. 52,421
`Lead Counsel for Patent Owner
`
`2
`
`
`
`CERTIFICATION OF SERVICE (37 C.F.R. §§ 42.6(e))
`
`The undersigned hereby certifies
`
`that
`
`the above-captioned “JOINT
`
`REQUEST TO FILE SETTLEMENT AGREEMENT AS CONFIDENTIAL
`
`BUSINESS INFORMATION” was served in its entirety on December 22, 2017
`
`pursuant to agreement via email to counsel for Huawei at:
`
`W. Karl Renner
`Jeremy J. Monaldo
`Brian G. Strand
`IPR35548-0036IP1@fr.com
`PTABInbound@fr.com
`
`/S. Benjamin Pleune/
`S. Benjamin Pleune, Reg. No. 52,421
`Lead Counsel for Petitioners
`
`3
`
`
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