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Filed: September 12, 2019
`
`Filed on behalf of:
`Fisher & Paykel Healthcare Limited
`By: Douglas G. Muehlhauser
`Jon W. Gurka
`Benjamin J. Everton
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Tel.: (949) 760-0404
`Fax: (949) 760-9502
`Email: BoxFPH892@knobbe.com
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`RESMED PTY LTD., RESMED CORP., and
`RESMED INC.,
`Petitioners
`
`v.
`
`FISHER & PAYKEL HEALTHCARE LIMITED,
`Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case No. IPR2019-00172
`U.S. Patent No. 9,974,914
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`JOINT REQUEST TO FILE SETTLEMENT AGREEMENT AS BUSINESS
`CONFIDENTIAL INFORMATION UNDER 35 U.S.C. § 317(a)
`
`
`
`
`

`

`ResMed v. Fisher & Paykel
`IPR2019-00172
`
`
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), and the Board’s
`
`authorization on September 9, 2019, Petitioners ResMed Pty Ltd., ResMed Corp.,
`
`and ResMed Inc., and Patent Owner Fisher & Paykel Healthcare Limited, jointly
`
`request
`
`that
`
`the confidential Settlement Agreement (Ex. FPH2005), filed
`
`concurrently herewith along with the Joint Motion to Terminate this proceeding, be
`
`filed as business confidential information. The parties further jointly request that the
`
`confidential Settlement Agreement be kept separate from the file of this proceeding
`
`and the involved patent, and be made available only to Federal Government agencies
`
`on written request, and only to persons showing good cause pursuant to 35 U.S.C.
`
`§ 317(b) and 37 C.F.R. § 42.74(c). In view of the above, the Settlement Agreement
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`has been filed for access by the “Parties and Board Only.”
`
`
`
`
`Dated: September 12, 2019
`
`
`
`
`Respectfully submitted,
`
`
`
`By: /Doug Muehlhauser/
`Douglas G. Muehlhauser (Reg. No. 42,018)
`Jon W. Gurka (Reg. No. 44,139)
`Benjamin J. Everton (Reg. No. 60,659)
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`Attorneys for Patent Owner
`Fisher & Paykel Healthcare Limited
`(949) 760-0404
`
`1
`
`

`

`ResMed v. Fisher & Paykel
`IPR2019-00172
`
`
`
`Dated: September 12, 2019
`
`
`
`
`
`
`By: /Edward H. Sikorski/
`Edward H. Sikorski (Reg. No. 39,478)
`DLA PIPER LLP
`Attorney for Petitioners
`ResMed Pty. Ltd., ResMed Corp. and
`ResMed Inc.
`(619) 699-2645
`
`2
`
`

`

`ResMed v. Fisher & Paykel
`IPR2019-00172
`
`
`CERTIFICATE OF SERVICE
`I hereby certify that, pursuant to 37 C.F.R. § 42.6(e)(1) and agreement of the
`
`parties, a true and correct copy of JOINT REQUEST TO FILE SETTLEMENT
`AGREEMENT AS BUSINESS CONFIDENTIAL INFORMATION UNDER
`35 U.S.C. § 317(a) is being served via email on September 12, 2019, to counsel for
`ResMed at the email addresses below:
`
`
`Edward H. Sikorski (Lead Counsel)
`Tiffany Miller
`DLA PIPER LLP
`401 B Street, Suite 1700
`San Diego, CA 92101
`Tel: 619-699-2645
`Ed.sikorski@dlapiper.com
`Tiffany.miller@dlapiper.com
`
`James M. Heintz
`DLA PIPER LLP
`One Fountain Square, Suite 300
`Reston, VA 20190
`Tel: 703-773-4148
`James.heintz@dlapiper.com
`
`
`
`
`
`
`
`Dated: September 12, 2019
`
`
`
`
`
`
`31267297
`
`
`
`
`
`By: /Doug Muehlhauser/
`Douglas G. Muehlhauser (Reg. No. 42,018)
`Jon W. Gurka (Reg. No. 44,139)
`Benjamin J. Everton (Reg. No. 60,659)
`Customer No. 20,995
`Attorneys for Patent Owner
`Fisher & Paykel Healthcare Limited
`(949) 760-0404
`
`
`
`

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