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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`BROADCOM CORPORATION
`Petitioner,
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`v.
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`TESSERA, INC.
`Patent Owner
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`Case No. IPR2017-01645
`Patent No. 6,046,076
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`JOINT REQUEST TO FILE SETTLEMENT AGREEMENT, LICENSE
`AGREEMENT, AND COLLATERAL AGREEMENTS AS BUSINESS
`CONFIDENTIAL INFORMATION AND TO MAINTAIN SAID
`AGREEMENTS SEPARATE FROM THE PUBLIC FILE PURSUANT TO 35
`U.S.C. § 317(b) AND 37 C.F.R. § 42.74(c)
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`Case No. IPR2017-01645
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. §§ 42.72 (c) and the Board’s
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`authorization of December 20, 2017, Petitioner Broadcom Corporation
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`(“Broadcom”) and Patent Owner Tessera, Inc. (“Tessera”) jointly request to treat as
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`business confidential information the true copies of the written Settlement
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`Agreement (Confidential Exhibit 2009) and License Agreement (Confidential
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`Exhibit 2010) between the parties, and collateral agreements (Confidential Exhibits
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`2011-2014) (collectively, the “Agreements”), as referenced in the parties’ Joint
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`Motion to Terminate Pursuant to 35 U.S.C. § 317 and 37 C.F.R. § 42.74, filed
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`concurrently herewith.
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`35 U.S.C. § 317(b) provides that:
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`At the request of a party to the proceeding, the agreement or
`understanding shall be treated as business confidential information,
`shall be kept separate from the file of the involved patents, and shall be
`made available only to Federal Government agencies on written
`request, or to any person on a showing of good cause.
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`Likewise, 37 C.F.R. § 42.74(c) provides that:
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`A party to a settlement may request that the settlement be treated as
`business confidential information and be kept separate from the files of
`an involved patent or application. The request must be filed with the
`settlement. If a timely request is filed, the settlement shall only be
`available:
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`(1) To a Government agency on written request to the Board; or
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`Case No. IPR2017-01645
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`(2) To any other person upon written request to the Board to make the
`settlement agreement available, along with the fee specified in
`§ 42.15(d) and on a showing of good cause.
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`The present request, which is being filed contemporaneously with the
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`Agreements, is timely and in accordance with the foregoing authority. Therefore,
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`the parties request that the Settlement Agreement (Confidential Exhibit 2009),
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`License Agreement (Confidential Exhibit 2010), and collateral agreements
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`(Confidential Exhibits 2011-2014) (i) be treated as business confidential
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`information, (ii) be maintained separate from the publicly available file of the
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`involved patent, and (iii) shall be made available only to Federal Government
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`agencies on written request, or to persons showing good cause on written request,
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`pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
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`Date: December 21, 2017
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`Respectfully submitted,
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`By /Christopher K. Eppich/
`Andrea G. Reister
` Registration No. 36,253
`David A. Garr
` Registration No. 74,932
`COVINGTON & BURLING LLP
`One CityCenter, 850 Tenth Street, NW
`Washington, DC 20001
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`Case No. IPR2017-01645
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`Christopher K. Eppich
` Registration No. 52,868
`Laura E. Muschamp
` Registration No. 45,693
`COVINGTON & BURLING LLP
`1999 Avenue of the Stars
`Los Angeles, CA 90067
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`Attorneys for Patent Owner
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`By /George C. Beck/
`George C. Beck
` Registration No.: 38,072
`Steven J. Rizzi
` Registration No.: 37,706
`Andrew R. Cheslock
` Registration No.: 68,577
`Foley & Lardner LLP
`3000 K Street, NW, Suite 600
`Washington, DC 20007
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`Attorneys for Petitioner
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`Case No. IPR2017-01645
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, I hereby certify that on this 21st day of
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`December 2017, the foregoing Joint Request to File Settlement Agreement, License
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`Agreement, and Collateral Agreements as Business Confidential Information and to
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`Maintain Said Agreements Separate from the Public File Pursuant to 35 U.S.C.
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`§ 317(b) and 37 C.F.R. § 42.74(c) was served via email by agreement of the parties
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`on the following counsel of record for Petitioner:
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`George C. Beck (gbeck@foley.com)
`Steven J. Rizzi (srizzi@foley.com)
`Andrew R. Cheslock (acheslock@foley.com)
`Broadcom-Foley-IPR@foley.com
`Foley & Lardner LLP
`3000 K Street, NW, Suite 600
`Washington, DC 20007
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` /Christopher K. Eppich/
`Christopher K. Eppich
`Registration No.: 52,868
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`Date: December 21, 2017
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