`
`
`
`
`
`
`
`
`
`
`Joint Request to Treat Exhibit 1034 As
`Business Confidential Information
`IPR2020-01157
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`DELL INC.,
`Petitioner,
`
`v.
`
`3G LICENSING S.A.,
`Patent Owner.
`
`
`Case No. IPR2020-01157
`
`U.S. Patent No. 7,274,933
`
`
`
`Joint Request to Treat Exhibit 1034 As Business Confidential Information
`
`
`
`
`
`
`
`
`
`Joint Request to Treat Exhibit 1034 As
`Business Confidential Information
`IPR2020-01157
`Pursuant to 35 U.S.C. § 317(a) and 37 C.F.R. § 42.74, Petitioner Dell Inc.
`
`
`
`(“Dell”) and Patent Owner 3G Licensing S.A. (“3G”) have reached a settlement as
`
`to all the disputes in this proceeding and jointly move to terminate the above-
`
`captioned proceeding. As permitted by statute, Dell and 3G (the “Parties”) jointly
`
`request that the Board treat as business confidential information the true and
`
`complete copy of the Settlement and License Agreement (Confidential Exhibit 1034)
`
`between the Parties, filed concurrently herewith, as referenced in the parties’ Joint
`
`Motion to Terminate Pursuant to 35 U.S.C. § 317 and 37 C.F.R. § 42.74, also filed
`
`concurrently herewith.
`
`35 U.S.C. § 317(b) provides that:
`
`At the request of a party to the proceeding, the agreement or
`understanding shall be treated as business confidential information,
`shall be kept separate from the file of the involved patents, and shall be
`made available only to Federal Government agencies on written
`request, or to any person on a showing of good cause.
`
`Likewise, 37 C.F.R. § 42.74(c) provides that:
`
`A party to a settlement may request that the settlement be treated as
`business confidential information and be kept separate from the files of
`an involved patent or application. The request must be filed with the
`settlement. If a timely request is filed, the settlement shall only be
`available:
`(1) To a Government agency on written request to the
`Board; or
`(2) To any other person upon written request to the Board
`to make the settlement agreement available, along with
`the fee specified in § 42.15(d) and on a showing of good
`cause.
`
`
`
`
`
`1
`
`
`
`
`
`
`
`Joint Request to Treat Exhibit 1034 As
`Business Confidential Information
`IPR2020-01157
`The Parties consider the Settlement and License Agreement to contain highly
`
`
`
`sensitive business confidential information that would substantially harm their
`
`business interests if publicly disclosed. The Settlement and License Agreement has
`
`been filed for access “Available only to board.” The present request, which is being
`
`filed contemporaneously with the Settlement and License Agreement, is timely and
`
`in accordance with the foregoing authority. Therefore, the parties request that the
`
`Settlement and License Agreement (Confidential Exhibit 1034) (i) be treated as
`
`business confidential information, (ii) be maintained separate from the publicly
`
`available file of the involved patent, and (iii) shall be made available only to Federal
`
`Government agencies on written request, or to persons showing good cause on
`
`written request, with any such written request being served on the parties on the day
`
`it is provided to the Board, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`
`
`
`DATED: December 10, 2021
`
`Respectfully Submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Brian M. Buroker/
`
`Brian M. Buroker (Reg. No. 39,125)
`GIBSON, DUNN & CRUTCHER LLP
`1050 Connecticut Ave. NW
`Washington, DC 20036
`Phone: (202) 955-8500
`Fax: (202) 467-0539
`Email: bburoker@gibsondunn.com
`
`Attorney for Petitioner Dell Inc.
`
`2
`
`
`
`
`
`
`
`
`
`
`
`Joint Request to Treat Exhibit 1034 As
`Business Confidential Information
`IPR2020-01157
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies service on the Patent Owner, pursuant to 37 C.F.R.
`
`§ 42.6(e), by electronic (e-mail) delivery of a true copy of the foregoing JOINT
`
`REQUEST TO TREAT EXHIBIT 1034 AS BUSINESS CONFIDENTIAL
`
`INFORMATION to lead and back-up counsel of record for Patent Owner as follows:
`
`TD-PTAB@devlinlawfirm.com
`
`nbenchell@devlinlawfirm.com
`
`sberger@devlinlawfirm.com
`
`ademarco@devlinlawfirm.com
`
`dlflitparas@devlinlawfirm.com
`
`
`
`
`DATED: December 10, 2021
`
`By:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Brian M. Buroker/
`
`Brian M. Buroker (Reg. No. 39,125)
`GIBSON, DUNN & CRUTCHER LLP
`1050 Connecticut Ave. NW
`Washington, DC 20036
`Phone: (202) 955-8500
`Fax: (202) 467-0539
`Email: bburoker@gibsondunn.com
`
`Attorney for Petitioner Dell Inc.
`
`3
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
