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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`DELL INC.,
`ZTE (USA) INC.,
`AND
`ZTE CORPORATION,
`Petitioner,
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`v.
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`3G LICENSING S.A.,
`Patent Owner.
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`Case IPR2020-01157
`Patent No. 7,274,933
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`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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`TABLE OF EXHIBITS
`
`Description
`Exhibit
`2001 Declaration of Stu Lipoff in Support of Patent Owner
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`2002 Affidavit of Stephanie Berger
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`2003 Affidavit of Neil Benchell
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`2004 Affidavit of Andrew DeMarco
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`2005 Second Declaration of Stu Lipoff in Support of Patent Owner
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`2006
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`2007
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`3rd Generation Partnership Project; Technical Specification Group
`Core Network; NAS Functions related to Mobile Station (MS) in idle
`mode (Release 7) (3GPP TS 23.122 V7.0.0) (“TS 23.122 V7.0.0”)
`3rd Generation Partnership Project; Universal Mobile
`Telecommunications (UMTS); Characteristics of the USIM
`application (Release 6) (3GPP TS 31.102 V6.8.0) (“TS-31.102
`V6.8.0”)
`2008 “The North American Official Cellular User’s Guide” Available to
`Help Cellular Telephone Users, Business Wire, December 18, 1990
`2009 Amy Zuckerman, Those Black Holes in Your Mobile Phone Service,
`New York Times, December 24, 2000
`Nancy Gohring, Falling Short of Replacement: Wireless Carrier Plans
`Compete with Landline but Don’t Cut it Out of the Equation,
`Telephony, April 27, 2998
`Judy Strausbaugh, Oh, Give me a Cell Phone Where the Signals Won’t
`Roam, Sunday News (Lancaster, PA), May 19, 2002
`
`2010
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`2011
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`2012
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` Settlement Agreement dated August 4, 2021
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`
`
`
`ii
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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
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`constituents ZTE Corporation and ZTE (USA) Inc. ("the ZTE entities"), and Patent
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`Owner, 3G Licensing S.A. (collectively "the Joint Movants"), hereby jointly request
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`that the true copy of their settlement agreement, filed concurrently herewith as Ex.
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`2012 be treated as business confidential information and be kept separate from the
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`file of the involved patent. Concurrently with the filing of this Request, the Joint
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`Movants are filing a Joint Motion to Terminate the ZTE entities due to the settlement
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`between the parties.
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`The Joint Movants consider the settlement and licensing agreements 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 Joint Movants hereby
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`jointly request that the settlement agreement be kept as a separate paper to be made
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`available only under the provisions of 35 U.S.C § 317(b) and 37 C.F.R. § 42.74(c).
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`The settlement agreement has been filed for access “Available only to board.” The
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`Joint Movants further jointly request that the Board order that in the event a person
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`or entity makes a written request, as stated in 37 C.F.R. § 42.74(c)(1)-(2), for access
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`to the settlement agreement, that any such written request be served upon the parties
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`on the day the written request is provided to the Board.
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`1
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`Dated: August 24, 2021
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`Dated: August 24, 2021
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`Respectfully submitted,
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`By: /John R. Hutchins /
`John R. Hutchins, Reg. No. 43,686
`Counsel for Petitioner ZTE
`Corporation and ZTE (USA) Inc.
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`Respectfully submitted,
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`By: /Timothy Devlin /
`Timothy Devlin, Reg. No. 41,706
`Counsel for Patent Owner
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`2
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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 August 24,
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`2021 the foregoing document is being served via electronic mail upon the following
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`counsel of record for Petitioner:
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`Counsel for ZTE (USA) Inc. and ZTE Corporation
`LEAD COUNSEL
`BACKUP COUNSEL
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`
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`John R. Hutchins (Reg. 43,686)
`jhutchins@bannerwitcoff.com
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`
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`Banner & Witcoff, Ltd.
`1100 13th Street, NW, Suite 1200
`Washington, DC 20005
`
`Tel: 202-824-3000
`Fax: 202-824-3001
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`C. Andy Mu (Reg. 58,216)
`amu@bannerwitcoff.com
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`Wesley W. Jones (Reg. 56,552)
`wjones@bannerwitcoff.com
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`Banner & Witcoff, Ltd.
`1100 13th Street, NW, Suite 1200
`Washington, DC 20005
`Tel: 202-824-3000
`Fax: 202-824-3001
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`Additional email for service: ZTEIPRService@bannerwitcoff.com
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`3
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`LEAD COUNSEL
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`Counsel for Dell, Inc.
`BACKUP COUNSEL
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`Brian M. Buroker (Reg. 39,125)
`bburoker@gibsondunn.com
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`Gibson, Dunn & Crutcher LLP
`1050 Connecticut Ave. NW
`Washington, DC 20036
`Phone: (202) 955-8500
`Fax: (202) 467-0539
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`Paul Torchia (Reg. 55,683)
`ptorchia@gibsondunn.com
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`Gibson, Dunn, & Crutcher LLP
`200 Park Avenue
`New York, NY 10166
`Phone: (212) 351-3953
`Fax: (212) 351-6352
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`Nathan R. Curtis (Reg. 70,471)
`ncurtis@gibsondunn.com
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`Gibson, Dunn & Crutcher LLP
`2001 Ross Ave., Ste. 2100
`Dallas, TX 75201
`Phone: (214) 698-3100
`Fax: (214) 571-2900
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`Additional email for service: Dell-IPRService@gibsondunn.com
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`/s/ Timothy Devlin
`Timothy Devlin
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`4
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`
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