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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`DTN, LLC.
`Petitioner,
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`v.
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`FARMS TECHNOLOGY LLC
`Patent Owner
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`____________
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`Case IPR2018-01412
`Patent No. 7,991,685
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`Case IPR2018-01525
`Patent No. 7,742,979
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`PETITIONER AND PATENT OWNER’S JOINT REQUEST
`TO FILE COLLATERAL AGREEMENTS AS BUSINESS
`CONFIDENTIAL INFORMATION PURSUANT TO 35 U.S.C. § 317
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`The Patent Trial and Appeal Board requested that Petitioner DTN, LLC
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`(“Petitioner”) and Patent Owner Farms Technology LLC (“Patent Owner”)
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`(collectively, the “Parties”) submit copies of two collateral agreements that are
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`referenced in the Parties’ Settlement Agreement (Ex. 1012). While the Parties
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`respectfully submit that these two collateral agreements do not fall within the scope
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`of 35 U.S.C. § 317 and 37 C.F.R. § 42.74,1 the Parties file herewith true and correct
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`copies of the First Collateral Agreement (Ex. 2008) and the Second Collateral
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`Agreement (Ex. 2009) referenced in the Parties’ Settlement Agreement (Ex. 1012).
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`The First and Second Collateral Agreements (Exs. 2008, 2009) contain
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`business confidential information of the Parties, as well as business confidential
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`information of third parties not involved in these IPR proceedings (namely, the other
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`parties to the First and Second Collateral Agreements). Additionally, Petitioner (and
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`each of the other parties to the Second Collateral Agreement) agreed to not publicly
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`disclose the terms of the First and Second Collateral Agreements. See Exhibit 2009
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`at 6-7 (§ 12).
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`As such, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner
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`DTN, LLC (“Petitioner”) and Farms Technology LLC (“Patent Owner”) jointly
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`1 Pursuant to the Board’s authorization granted during the conference call conducted
`on May 15, 2019, the Parties are contemporaneously filing a Joint Motion to
`Expunge the First and Second Collateral Agreements (Exs. 2008, 2009), which
`explains why these two collateral agreements do not fall within the scope of 35
`U.S.C. § 317 and 37 C.F.R. § 42.74.
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`request that the First and Second Collateral Agreements (Exs. 2008, 2009) be treated
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`as business confidential information, be kept separate from the files of the subject
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`patents in the captioned proceedings, and be made available only to Federal
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`Government agencies on written request or to persons showing good cause. See 35
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`Respectfully submitted,
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`/ J. David Cabello /
`J. David Cabello
`Registration No. 31,455
`Lead Counsel for Petitioner
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`U.S.C. § 317(b); 37 C.F.R. § 42.74(c).
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`DATED: May 21, 2019
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` Joshua P. Larsen /
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`Joshua P. Larsen
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`Registration No. 62,761
`Lead Counsel for Patent Owner
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that, on this 21st day
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`of May 2019, I caused a true and correct copy of the foregoing document to be served
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`via e-mail (as agreed in the Service Information section of the Petition) on the
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`following counsel of record for the Petitioner:
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`David Cabello
`DCabello@BlankRome.com
`James Hall
`JHall@BlankRome.com
`Stephen Zinda
`SZinda@BlankRome.com
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`/ Joshua P. Larsen
`Joshua P. Larsen
`Reg. No. 62,761
`Lead Counsel for Patent Owner
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