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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________
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`COMMUNICATIONS TEST DESIGN, INC.,
`Petitioner,
`
`v.
`
`CONTEC, LLC,
`Patent Owner.
`
`___________________
`
`Inter Partes Review No.: IPR2019-01670
`
`U.S. Patent No. 8,209,732
`___________________
`
`
`JOINT REQUEST TO FILE CONFIDENTIAL SETTLEMENT
`AGREEMENT AS BUSINESS CONFIDENTIAL INFORMATION
`PURSUANT TO 35 U.S.C. § 317(b)
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
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`
`
`IPR2019-01670
`U.S. Patent No. 8,209,732
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner
`
`Communications Test Design, Inc. (“CTDI”) and Patent Owner Contec, LLC
`
`(“Contec”) hereby jointly request that a true copy of their Confidential Settlement
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`Agreement, filed as Exhibit 1011, be treated as business confidential information
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`and be kept separate from the file of this inter partes review proceeding.
`
`Concurrently with the filing of this Request, CTDI and Contec are filing a Joint
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`Motion to Terminate this inter partes review due to the settlement between the
`
`parties.
`
`The parties consider Exhibit 1011 to contain highly sensitive business
`
`confidential information that would substantially harm their business interests if
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`publicly disclosed. As such, the parties hereby jointly request that Exhibit 1011 be
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`kept as a separate paper to be made available only under the provisions of 35 U.S.C
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`§ 317(b) and 37 C.F.R. § 42.74(c). The Confidential Settlement Agreement has been
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`filed for access by the “Parties and Board Only.” The parties further jointly request
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`that the Board order that in the event a person or entity makes a written request, as
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`stated in 37 C.F.R. § 42.74(c)(1)-(2), for access to the Confidential Settlement
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`Agreement, that any such written request be served upon the parties on the day the
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`written request is provided to the Board.
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`
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`
`
`- 1 -
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`
`
`IPR2019-01670
`U.S. Patent No. 8,209,732
`
`Respectfully submitted,
`
`/s/Richard W. Miller
`
`Richard W. Miller (Reg. No. 59,386)
`BALLARD SPAHR LLP
`Attorney for Petitioner
`Communications Test Design, Inc.
`
`Respectfully submitted,
`
`/s/Coby S. Nixon
`
`Coby S. Nixon (Reg. No. 56,424)
`TAYLOR ENGLISH DUMA LLP
`Attorney for Patent Owner
`Contec, LLC
`
`Date: May 7, 2020
`
`Date: May 7, 2020
`
`
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`- 2 -
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`
`
`IPR2019-01670
`U.S. Patent No. 8,209,732
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that on
`
`May 7, 2020, a true and correct copy of the foregoing JOINT MOTION TO
`
`TERMINATE INTER PARTES REVIEW were served electronically via e-mail
`
`in their entireties on the following counsel of record for Patent Owner Contec, LLC:
`
`Coby S. Nixon
`Seth K. Trimble
`TAYLOR ENGLISH DUMA LLP
`1600 Parkwood Circle, Suite 200
`Atlanta, GA 30339
`cnixon@taylorenglish.com
`strimble@taylorenglish.com
`Attorney for Patent Owner Contec, LLC
`
`
`
`
`/s/ Richard W. Miller
`Richard W. Miller (Reg. No. 59,386)
`
`Attorney for Petitioner
`Communications Test Design, Inc.
`
`
`
`
`
`
`
`Date: May 7, 2020
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`
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`
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