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`__________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________
`
`ARGOS USA LLC, DOLE FOOD COMPANY, INC., THE GILLETTE
`COMPANY, LLC, MILACRON LLC, PLY GEM INDUSTRIES, INC.,
`REVLON CONSUMER PRODUCTS CORPORATION, CALPINE
`CORPORATION, WATTS WATER TECHNOLOGIES, INC., LIBERTY
`MUTUAL INSURANCE COMPANY, INTERNATIONAL PAPER
`COMPANY, STATE INDUSTRIAL PRODUCTS CORP., BASSETT
`FURNITURE INDUSTRIES, INC.,
`Petitioners,
`
`v.
`
`GUADA TECHNOLOGIES LLC,
`Patent Owner,
`__________________
`
`Case IPR2021-00771
`Patent 7,231,379
`__________________
`
`JOINT REQUEST TO FILE SETTLEMENT AGREEMENTS
`AS BUSINESS CONFIDENTIAL INFORMATION
`UNDER 35 U.S.C. § 317(b) and 37 C.F.R. § 42.72(c)
`
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`Proceeding No. IPR2021-00771
`Attorney Docket: 00012-0119IP1
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioners Argos
`
`USA LLC, Dole Food Company, Inc., The Gillette Company, LLC, Milacron
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`LLC, Ply Gem Industries, Inc., Revlon Consumer Products Corporation, Calpine
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`Corporation, Watts Water Technologies, Inc., Liberty Mutual Insurance Company,
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`International Paper Company, State Industrial Products Corp. and Bassett Furniture
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`Industries, Inc., and Patent Owner Guada Technologies LLC (collectively the
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`“Parties”) jointly request to treat as business confidential information, and to keep
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`separate from the file of the involved patent, the true and complete copy of the
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`Settlement Agreements (Confidential Exhibit 1030), between the parties as
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`referenced in the Joint Motion to Dismiss Petition pursuant to 35 U.S.C. § 317(b)
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`and 37 C.F.R. § 42.74, 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:
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`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
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`1
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`
`
`Proceeding No. IPR2021-00771
`Attorney Docket: 00012-0119IP1
`settlement. If a timely request is filed, the settlement shall only be
`available:
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`(1) To a Government agency on written request to the Board; or
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`(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.
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`The present request, which is being filed contemporaneously with the
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`Settlement Agreements, is timely and in accordance with the foregoing authority.
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`Therefore, parties request that the Settlement Agreements (Confidential Exhibit
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`1030) (i) be treated as business confidential information, (ii) be maintained
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`separate from the publicly available file of the involved patent, and (iii) shall be
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`made available only to Federal Government agencies on written request, or to
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`persons showing good cause on written request, pursuant to 35 U.S.C. § 317(b) and
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`37 C.F.R. § 42.74(c).
`
`
`
`
`Date: August 30, 2021
`
`
` 08/26/2021
`Date:
`
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`
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`Respectfully submitted,
`
` /Joshua A. Griswold/
`Joshua Griswold, Reg. No. 46,310
`Ricardo Bonilla, Reg. No. 65,190
`Counsel for Petitioner
`
`/s/ Sanjay Pant
`
`Sanjay Pant, Reg. No. 64,865
`Gautham Bodepudi, Reg. No. 59,788
`Counsel for Patent Owner
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`2
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`Proceeding No. IPR2021-00771
`Attorney Docket: 00012-0119IP1
`
`
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR § 42.6(e)(4), the undersigned certifies that on August
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`30, 2021, a complete and entire copy of this Joint Request to File Settlement
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`Agreement as Business Confidential Information Under 35 U.S.C. § 317 was
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`provided via email to the Patent Owner by serving the correspondence email
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`addresses of record as follows:
`
`Sanjay Pant
`PRA Law
`2800 Bartons Bluff Lane #1902
`Austin, TX, 78746
`
`Gautham Bodepudi
`15922 El Dorado Parkway, Suite 500-1572
`Frisco, TX 75035
`
`Email: spant@pralawllc.com
`gbodepudi@outlook.com
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`/Diana Bradley/
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`Diana Bradley
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(858) 678-5667
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`3
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