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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`DTS, INC. AND PHORUS, INC.
`Petitioners,
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`v.
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`AVAGO TECHNOLOGIES GENERAL IP (SINGAPORE) PTE. LTD.
`Patent Owner
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`Case No. IPR2017-02201
`Patent No. 6,684,060
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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. IPR2017-02201
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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 19, 2017, Petitioners DTS, Inc. and Phorus, Inc.
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`(collectively, “DTS”) and Patent Owner Avago Technologies General IP
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`(Singapore) Pte. Ltd. (“Avago”) jointly request to treat as business confidential
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`information the true copies of the written Settlement Agreement (Confidential
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`Exhibit 2001) and License Agreement (Confidential Exhibit 2002) between the
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`parties, and collateral agreements (Confidential Exhibits 2003-2006) (collectively,
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`the “Agreements”), as referenced in the parties’ Joint Motion to Terminate
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`Pursuant to 35 U.S.C. § 317 and 37 C.F.R. § 42.74, filed 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. IPR2017-02201
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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 contemparaneously 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 2001),
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`License Agreement (Confidential Exhibit 2002), and collateral agreements
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`(Confidential Exhibits 2003-2006) (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_s/ 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. IPR2017-02201
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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 Petitioners
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`By_s/ Kristopher L. Reed____________
`Kristopher L. Reed
` Registration No.: 58,694
`Kilpatrick Townsend & Stockton LLP
`1400 Wewatta St., #600
`Denver, CO 80202
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`Attorney for Patent Owner
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`Case No. IPR2017-02201
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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,
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`License Agreement, and Collateral Agreements as Business Confidential
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`Information and to Maintain Said Agreements Separate from the Public File
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) was served via email by
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`agreement of the parties on the following counsel of record for Petitioner:
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`David A. Garr
`Covington & Burling LLP
`One CityCenter, 850 Tenth Street, NW
`Washington, DC 20001
`dgarr@cov .com
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`Andrea G. Reister
`Covington & Burling LLP
`One CityCenter, 850 Tenth Street, NW
`Washington, DC 20001
`areister@cov .com
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`Christopher K. Eppich
`Covington & Burling LLP
`1999 Avenue of the Stars, Suite 1500
`Los Angeles, CA 90067
`ceppich@cov .com
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`Laura E. Muschamp
`Covington & Burling LLP
`1999 Avenue of the Stars, Suite 1500
`Los Angeles, CA 90067
`lmuschamp@cov .com
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`Case No. IPR2017-02201
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`Date: December 21, 2017
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`s/ Kristopher L. Reed
`Kristopher L. Reed
`Registration No.: 58,694
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`70413488V.1
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