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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`METASWITCH NETWORKS LTD. and
`METASWITCH NETWORKS CORPORATION,
`Petitioner,
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`v.
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`SONUS NETWORKS, INC.
`(d/b/a RIBBON COMMUNICATIONS OPERATING COMPANY),
`Patent Owner.
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`Case IPR2019-00051
`Patent 6,775,269
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`JOINT REQUEST TO KEEP SETTLEMENT
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`AGREEMENT CONFIDENTIAL
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`Proceeding No.: IPR2019-00051
`Attorney Docket: 42360-0004IP2
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Metaswitch
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`Networks Ltd. and Metaswitch Networks Corporation (collectively “Petitioner”)
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`and Sonus Networks, Inc. (d/b/a Ribbon Communications Operating Company)
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`(“Patent Owner”) jointly request that the Settlement and Cross-License Agreement,
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`filed separately as Confidential Exhibit 1022, and referenced in Petitioner’s and
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`Patent Owner’s concurrently-filed Joint Motion To Terminate Proceeding, be
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`treated as business confidential information, be kept separate from the file of the
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`involved patent, and be made available only to Federal Government agencies on
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`written request, or to any person on a showing of good cause pursuant to 35 U.S.C.
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`§ 317(b) and 37 C.F.R. § 42.74(c).
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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
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`understanding shall be treated as business confidential information,
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`shall be kept separate from the file of the involved patents, and shall
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`be made available only to Federal Government agencies on written
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`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
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`business confidential information and be kept separate from the files
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`of an involved patent or application. The request must be filed with
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`the settlement. If a timely request is filed, the settlement shall only be
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`available:
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`1
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`Proceeding No.: IPR2019-00051
`Attorney Docket: 42360-0004IP2
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`(1) To a Government agency on written request to the Board; or
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`(2) To any other person upon written request to the Board to make the
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`settlement agreement available, along with the fee specified in §
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`42.15(d) and on a showing of good cause.
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`It is believed that no fee is due with this filing. If necessary, however, the
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`Commissioner is hereby authorized to charge any additional fees which may be
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`required, or credit any overpayment to Deposit Account No. 06-1050.
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`Dated: June 5, 2019
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`Respectfully submitted,
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`By /David Conrad/
`Joshua A. Griswold, Reg. No. 46,310
`David B. Conrad, Reg. No. 60,788
`Craig A. Deutsch, Reg. No. 69,264
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
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`Attorneys for Petitioner
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`2
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`Dated: June 5, 2019
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`Respectfully submitted,
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`Proceeding No.: IPR2019-00051
`Attorney Docket: 42360-0004IP2
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`By /Chad Walters/
`Chad C. Walters, Reg. No. 48,022
`Kurt M. Pankratz, Reg. No. 46,977
`Sarah Guske, pro hac vice
`BAKER BOTTS L.L.P.
`2001 Ross Avenue
`Dallas, Texas 75201
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`Attorneys for Patent Owner
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`3
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`Proceeding No.: IPR2019-00051
`Attorney Docket: 42360-0004IP2
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR § 42.6(e)(4), the undersigned certifies that on June 5,
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`2019, a complete and entire copy of this Joint Request to Keep Settlement
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`Agreement Confidential was provided via email, to the Patent Owner by serving the
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`email correspondence addresses of record as follows:
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`Chad C. Walters
`Kurt M. Pankratz
`Sarah Guske, pro hac vice
`BAKER BOTTS L.L.P.
`2001 Ross Avenue
`Dallas, Texas 75201
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`Email:
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`chad.walters@bakerbotts.com
`kurt.pankratz@bakerbotts.com
`sarah.guske@bakerbotts.com
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`/Diana Bradley/
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`Diana Bradley
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(858) 678-5667
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