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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`UNOPPOSED MOTION TO DISMISS IPR2018-00136 PRE-INSTITUTION
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`ZSCALER, INC.
`Petitioner
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`v.
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`SYMANTEC CORPORATION,
`Patent Owner.
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`Case IPR2018-00136
`Patent No. 7,203,959
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`1268280
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`Unopposed Motion to Dismiss IPR2018-00136 Pre-Institution
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`I.
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`INTRODUCTION
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`Petitioner Zscaler, Inc. moves to dismiss its IPR petition and terminate
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`IPR2018-00136 regarding U.S. Patent No. 7,203,959 (“the ’959 patent”), as
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`authorized by the Board on April 16, 2018. This motion is being made pre-
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`institution. Patent Owner Symantec Corporation does not oppose this motion.
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`II. DISCUSSION
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`A.
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`Present IPR proceeding
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`IPR2018-00136 is in its preliminary phase. Petitioner filed its Petition for
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`inter partes review of the ’959 patent on October 30, 2017 (Paper No. 1). Patent
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`Owner filed its Preliminary Response on February 9, 2018 (Paper No. 7). The
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`Board has yet to reach the merits and issue a decision on institution.
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`B. Related litigation
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`The ’959 patent is one of seven patents asserted by Patent Owner against
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`Petitioner in a related litigation captioned Symantec Corp. v. Zscaler, Inc., Case
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`No. 17-cv-04426 (N.D. Cal.). That litigation remains pending in district court. On
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`March 23, 2018, the district court granted Petitioner’s motion to dismiss the ’959
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`patent under 35 U.S.C. § 101. The ’959 patent therefore is no longer at issue in the
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`related litigation.
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`1268280
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`1
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`Unopposed Motion to Dismiss IPR2018-00136 Pre-Institution
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`C. Requested relief
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`There is no final settlement agreement between the parties. As to the ’959
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`patent, however, there is no pending dispute between Petitioner and Patent Owner
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`in the related litigation. As a result, Petitioner has proposed, and Patent Owner has
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`agreed, not to expend further effort and resources on this proceeding. Accordingly,
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`Patent Owner requests that the Board to dismiss the petition and terminate
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`IPR2018-00136 to preserve both the Board’s and the parties’ resources, and to
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`achieve an efficient and inexpensive resolution to this proceeding.
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`III. CONCLUSION
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`Petitioner respectfully requests that the Board dismiss Petitioner’s pending
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`IPR petition and terminate IPR2018-00136.
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`April 18, 2018
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`1268280
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`Respectfully submitted,
`KEKER, VAN NEST & PETERS LLP
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`By: /s/ Leo L. Lam # 38,528
`Leo L. Lam (Reg. No. 38,528)
`633 Battery Street
`San Francisco, CA 94111
`Phone: 415-391-5400
`Fax: 415-397-7188
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`Attorney for Petitioner
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`2
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on April 18, 2018, a copy of the
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`foregoing Motion to Terminate Inter Partes Review was served on the Patent
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`Owner by email at the following email addresses:
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`Chad C. Walters
`Kurt M. Pankratz
`James Williams
`Harrison G. Rich
`Clarke W. Stavinoha
`BAKER BOTTS LLP
`2001 Ross Avenue, Suite 700
`Dallas, TX 75201
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`chad.walters@bakerbotts.com
`kurt.pankratz@bakerbotts.com
`james.williams@bakerbotts.com
`harrison.rich@bakerbotts.com
`clarke.stavinoh@bakerbotts.com
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`/s/ Leo L. Lam, # 38,528
`Leo L. Lam (Reg. No. 38,528)
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`1268280
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