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`_____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_____________________
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`VMWARE, INC.,
`Petitioner
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`v.
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`INTELLECTUAL VENTURES I LLC,
`Patent Owner
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`___________________
`
`Case IPR2020-00470
`Patent 7,949,752
`___________________
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`
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`AMENDED JOINT REQUEST THAT THE SETTLEMENT AGREEMENT
`BE TREATED AS BUSINESS CONFIDENTIAL INFORMATION AND BE
`KEPT SEPARATE UNDER 35 U.S.C. § 317(b)
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`
`
`
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1
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`
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner VMware
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`Case IPR2020-00470
`U.S. Patent No. 7,949,752
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`
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`Inc. (“Petitioner”) and Patent Owner Intellectual Ventures I LLC (“Patent Owner”)
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`hereby jointly request that a true copy of their settlement agreement, filed
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`concurrently herewith as Exhibits 2021 and 2022 be treated as business
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`confidential information and be kept separate from the file of this inter partes
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`review (IPR) proceeding. Concurrently with the filing of this Request, Petitioner
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`and Patent Owner are filing an AmendedJoint Motion to Terminate the IPR due to
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`the settlement between the parties.
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`The parties consider the settlement agreement (Exhibits 2021 and 2022) to
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`contain highly sensitive business confidential information that would substantially
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`harm their business interests if publicly disclosed. As such, the parties hereby
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`jointly request that the settlement agreement (Exhibits 2021 and 2022) be kept as
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`separate papers 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 settlement agreement (Exhibits 2021 and
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`2022) has been filed for access by the “Parties and Board Only.” The parties
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`further jointly request that the Board order that in the event a person or entity
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`makes a written request, as stated in 37 C.F.R. § 42.74(c)(1)-(2), for access to the
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`settlement agreement (Exhibit 2021 and 2022), that any such written request be
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`served upon the parties on the day the written request is provided to the Board.
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`- 1 -
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`Case IPR2020-00470
`U.S. Patent No. 7,949,752
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`Respectfully submitted,
`
` /
`
` Louis L. Campbell /
`
`
`Louis L. Campbell (Reg. No. 59,963)
`WINSTON & STRAWN LLP
`Counsel for Petitioner
`
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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` /
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` Lestin Kenton /
`
`
`Lestin Kenton (Reg. No. 72,314)
`Counsel for Patent Owner
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`
`
`
`
`Date: January 28, 2021
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`
`Date: January 28, 2021
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`- 2 -
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`
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`Case IPR2020-00470
`U.S. Patent No. 7,949,752
`CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME
`LIMITATION, TYPEFACE REQUIREMENTS, AND TYPE STYLE
`REQUIREMENTS
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`This paper complies with the page limitation of 15 pages excluding
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`1.
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`the parts exempted by 37 C.F.R. § 42.24.
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`2.
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`This paper complies with the general format requirements of 37
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`C.F.R. § 42.6 and has been prepared using Microsoft® Word 2016 in 14 point
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`Times New Roman.
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`
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`
`
`/ Lestin Kenton /
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`
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`
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`Date: January 28, 2021
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`Lestin Kenton (Reg. No. 72,314)
`Counsel for Patent Owner
`
`
`
`
`
`
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`
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`Case IPR2020-00470
`U.S. Patent No. 7,949,752
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`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that a true and correct copy of the above-
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`captioned AMENDED JOINT REQUEST THAT THE SETTLEMENT
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`AGREEMENT BE TREATED AS BUSINESS CONFIDENTIAL
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`INFORMATION AND BE KEPT SEPARATE UNDER 35 U.S.C. § 317(b)
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`was served electronically via e-mail on January 28, 2021 in its entirety on the
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`following counsel for Petitioner:
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`Katherine A. Vidal (Lead Counsel) kvidal@winston.com
`Louis L. Campbell (Back-up Counsel) llcampbell@winston.com
`Michael A. Tomasulo (Back-up Counsel) mtomasulo@winston.com
`WINSTON & STRAWN LLP
`VMware-IV-PTAB@winston.com
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`
`
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`
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`Date: January 28, 2021
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
` /
`
` Lestin Kenton /
`
`
`Lestin Kenton (Reg. No. 72,314)
`Counsel for Patent Owner
`
`
`
`1100 New York Avenue, NW
`Washington, D.C. 20005
`(202) 371-2600
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