`
`Filed on behalf of:
`Petitioner
`
`By: Bryan C. Smith (Lead Counsel)
`George R. McGuire (Back-up Counsel)
`
`Paper No. ____
`Date: January 18, 2023
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`SIGNIFY NORTH AMERICA CORPORATION,
`
`Petitioner,
`
`v.
`
`BLACKBIRD TECH LLC,
`
`Patent Owner.
`
`_______________
`
`Case IPR2023-00054
`
`Patent 7,086,747
`
`_______________
`
`JOINT REQUEST THAT THE SETTLEMENT AGREEMENT BE
`TREATED AS BUSINESS CONFIDENTIAL INFORMATION AND BE
`KEPT SEPARATE UNDER 35 U.S.C. § 317(b)
`
`
`
`
`
`
`
`
`
`IPR2023-00054 (Patent 7,086,747)
`Joint Request that Settlement Agreement be Treated as Business Confidential
`
`
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner SIGNIFY
`
`NORTH AMERICA CORPORATION
`
`(“Petitioner”) and Patent Owner
`
`BLACKBIRD TECH LLC (“Patent Owner”) hereby jointly request that a true copy
`
`of their settlement agreement, filed concurrently herewith as Exhibit 1034, be
`
`treated as business confidential information and be kept separate from the file of this
`
`inter partes review (IPR) proceeding. Concurrently with the filing of this Request,
`
`Petitioner is filing an Unopposed Motion to Dismiss Petition for Inter Partes Review
`
`due to the settlement between the parties.
`
`The parties consider the settlement agreement to contain highly sensitive
`
`business confidential information that would substantially harm their business
`
`interests if publicly disclosed. As such, the parties hereby jointly request that the
`
`settlement agreement be kept as a separate paper to be made available only under
`
`the provisions of 35 U.S.C § 317(b) and 37 C.F.R. § 42.74(c). The settlement
`
`agreement has been filed for access by the “Parties and Board Only.” The parties
`
`further jointly request that the Board order that in the event a person or entity makes
`
`a written request, as stated in 37 C.F.R. § 42.74(c)(1)-(2), for access to the settlement
`
`agreement, that any such written request be served upon the parties on the day the
`
`written request is provided to the Board.
`
`2
`
`
`
`IPR2023-00054 (Patent 7,086,747)
`Joint Request that Settlement Agreement be Treated as Business Confidential
`
`Date: January 18, 2023
`
`
`Respectfully submitted,
`
`Date: January 18, 2023
`
`
`
`
`/Bryan C. Smith/
`Bryan C. Smith (Lead Counsel)
`Registration No. 59,767
`BOND SCHOENECK & KING, PLLC
`
`Attorney for Petitioner
`
`
`
`Respectfully submitted,
`
`
`
`/Wendy Verlander/
`Wendy Verlander (Lead Counsel)
`Registration No. 35,177
`VERLANDER LLP
`
`Attorney for Patent Owner
`
`
`
`
`3
`
`
`
`IPR2023-00054 (Patent 7,086,747)
`Joint Request that Settlement Agreement be Treated as Business Confidential
`
`
`CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME
`LIMITATION, TYPEFACE REQUIREMENTS, AND TYPE STYLE
`REQUIREMENTS
`
`1.
`
`This paper complies with the page limitation of 15 pages excluding
`
`the parts exempted by 37 C.F.R. § 42.24.
`
`2.
`
`This paper complies with the general format requirements of 37 C.F.R.
`
`§ 42.6 and has been prepared using Microsoft® Word 2016 in 14 point Times New
`
`Roman.
`
`
`Date: January 18, 2023
`
`Respectfully submitted,
`
`/Bryan C. Smith/
`Bryan C. Smith (Lead Counsel)
`Registration No. 59,7673
`
`
`
`
`
`
`
`4
`
`
`
`IPR2023-00054 (Patent 7,086,747)
`Joint Request that Settlement Agreement be Treated as Business Confidential
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), this is to certify that on this 18th day of
`
`January, 2023, I caused to be served a true and correct copy of the foregoing JOINT
`
`REQUEST THAT THE SETTLEMENT AGREEMENT BE TREATED AS
`
`BUSINESS CONFIDENTIAL INFORMATION AND BE KEPT SEPARATE
`
`UNDER 35 U.S.C. § 317(b) by e-mail on the following designated counsel of
`
`record:
`
`Wendy Verlander
`VERLANDER LLP
`200 Baker Avenue, Suite 303
`Concord, MA 01742
`Telephone: (978) 707-4450
`wverlander@verlanderllp.com
`
`
`Walter D. Davis, Jr.
`DAVIDSON, BERQUIST, JACKSON
`& GOWDEY, L.L.P.
`8300 Greensboro Drive, Suite 500
`McLean, VA 22102
`Telephone: (571) 765-7709
`wdavis@davidsonberquist.com
`
`Counsel for Patent Owner
`BLACKBIRD TECH LLC
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Bryan C. Smith/_________________
`Bryan C. Smith (Lead Counsel)
`Registration No. 59,767
`
`
`
`
`5
`
`
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