`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`Huawei Device Co., Ltd.,
`Petitioner,
`
`
`v.
`
`
`Maxell, Ltd.,
`Patent Owner.
`
`
`Case: IPR2018-00233
`U.S. Patent No. 6,754,440
`
`
`
`JOINT REQUEST TO FILE SETTLEMENT AGREEMENT
`AS BUSINESS CONFIDENTIAL INFORMATION AND TO MAINTAIN SAID
`AGREEMENT SEPARATE FROM THE PUBLIC FILE PURSUANT TO 35
`U.S.C. § 317(b) AND 37 C.F.R. § 42.74(c)
`
`
`
`
`
`
`
`IPR2018-00233
`
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) and the Board’s
`
`order of February 19, 2019 (Paper No. 35), Petitioner Huawei Device Co., Ltd. and
`
`Patent Owner Maxell, Ltd. jointly request to treat as business confidential
`
`information the true and complete copy of the Settlement Agreement (Confidential
`
`Exhibit 1027) between the parties, as referenced in the parties’ Joint Motion to
`
`Terminate Pursuant to 35 U.S.C. § 317 and 37 C.F.R. § 42.74, filed concurrently
`
`herewith.
`
`35 U.S.C. § 317(b) provides that:
`
`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.
`
`Likewise, 37 C.F.R. § 42.74(c) provides that:
`
`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:
`
`(1) To a Government agency on written request to the Board; or
`
`1
`
`
`
`IPR2018-00233
`
`(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.
`
`The present request, which is being filed contemparaneously with the
`
`Settlement Agreement, is timely and in accordance with the foregoing authority.
`
`Therefore, the parties request that the Settlement Agreement (Confidential Exhibit
`
`1027) (i) be treated as business confidential information, (ii) be maintained
`
`separate from the publicly available file of the involved patent, and (iii) shall be
`
`made available only to Federal Government agencies on written request, or to
`
`persons showing good cause on written request, pursuant to 35 U.S.C. § 317(b) and
`
`37 C.F.R. § 42.74(c).
`
`
`
`Date: April 2, 2019
`
`
`
`
`
`Respectfully submitted,
`
`By: /Peter P. Chen/
`
`Anupam Sharma
`Registration No.: 55,609
`Peter P. Chen
`Registration No.: 39,631
`Hyun Byun (pro hac vice)
`COVINGTON & BURLING LLP
`3000 El Camino Real
`5 Palo Alto Square, 10th Floor
`Palo Alto, CA 94306
`Tel: (650) 632-4700
`Fax: (650) 632-4800
`
`Gregory S. Discher
`2
`
`
`
`IPR2018-00233
`
`Registration No. 42,488
`David A. Garr
`Registration No. 74,932
`COVINGTON & BURLING LLP
`One CityCenter, 850 Tenth Street, NW
`Washington, DC 20001
`Tel: (202) 662-6000
`
`Attorneys for Petitioner
`
`By: /Robert G. Pluta/
`
`Robert G. Pluta (Reg. No. 50,970)
`Amanda S. Bonner (Reg. No. 65,224)
`MAYER BROWN LLP
`71 S. Wacker Drive
`Chicago, IL 60606
`Telephone: (312) 701-8641
`Fax: (312) 706-8144
`rpluta@mayerbrown.com
`
`Jamie B. Beaber (Pro Hac Vice)
`James A. Fussell (Reg. No. 54,885)
`Bryan C. Nese (Reg. No. 66,023)
`Saqib J. Siddiqui (Reg. No. 68,626)
`Mayer Brown, LLP
`1999 K Street NW
`Washington DC, 20006
`
`Attorneys for Patent Owner
`
`3
`
`
`
`IPR2018-00233
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6, I hereby certify that on this 2nd day of April
`
`2019, the foregoing Joint Request to File Settlement Agreement as Business
`
`Confidential Information and to Maintain Said Agreement Separate from the
`
`Public File Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), together with
`
`Confidential Exhibit 1027, was served via email by agreement of the parties on the
`
`following counsel of record for Patent Owner:
`
`Robert G. Pluta
`Amanda Bonner
`Saqib Siddiqui
`Bryan Nese
`Jamie B. Beaber
`James A. Fussell
`MAYER BROWN LLP
`rpluta@mayerbrown.com
`astreff@mayerbrown.com
`ssiddiqui@mayerbrown.com
`bnese@mayerbrown.com
`jbeaber@mayerbrown.com
`jfussell@mayerbrown.com
`
`Date: April 2, 2019
`
`/Peter P. Chen/
`Peter P. Chen
`Registration No.: 39,631
`
`
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