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Joint Motion to Dismiss and to Seal
`PGR2018-00018 (U.S. Patent No. 9,708,737)
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`AQ TEXTILES, LLC,
`Petitioner,
`
`v.
`
`ARUN AGARWAL,
`Patent Owner.
`
`Case PGR2018-00018
`Patent 9,708,737
`
`AQ TEXTILES' AND ARUN AGARWAL'S JOINT MOTION
`TO DISMISS PRIOR TO INSTITUTION PURSUANT TO 35 U.S.C.
`§ 327 AND TO SEAL PURSUANT TO 37 C.F.R. § 42.74(c)
`
`1
`
`

`

`Joint Motion to Dismiss and to Seal
`PGR2018-00018 (U.S. Patent No. 9,708,737)
`
`Pursuant to 35 U.S.C. § 327(a) and 37 C.F.R. § 42.74(a), Petitioner AQ
`
`Textiles, LLC ("AQT") and Patent Owner Arun Agarwal ("Agarwal") hereby
`
`jointly request that the Board dismiss the post grant review petition of U.S. Patent
`
`No. 9,708,737, Case No. PGR2018-00018.
`
`The Board has not yet instituted this post grant review. AQT filed its petition
`
`on January 15, 2018. Agarwal has not filed a preliminary response, and one is not
`
`due until April 15, 2018. The parties have settled their dispute and, accordingly,
`
`have agreed to teiiiiinate this post grant review.
`
`Pursuant to 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(b), the parties attach a
`
`true copy of their Settlement Agreement as Exhibit 2001. The Parties also attach a
`
`Strategic Alliance Agreement and a License Agreement as Exhibits 2002 and
`
`2003, respectively. Pursuant to 35 U.S.C. § 327(b), 37 C.F.R. § 42.74(c), and 37
`
`C.F.R. § 42.14, the parties request that the Settlement Agreement, the Strategic
`
`Alliance Agreement, and the License Agreement be treated as business
`
`confidential information and kept separate from the file of the involved patent.
`
`Therefore, AQT and Agarwal request that the petition be dismissed before a
`
`decision is made on whether to institute trial.
`
`2
`
`

`

`Joint Motion to Dismiss and to Seal
`PGR2018-00018 (U.S. Patent No. 9,708,737)
`
`Dated: March 23, 2018
`
`Respectfully submitted:
`
`Edwards Maxson Mago &
`Macaulay, LLP
`
`MacCord Mason PLLC
`
`By:
`Michelle W. Skinner
`Reg. No. 54,738
`
`By:
`
`/
`
`es L. Lester
`eg. No. 38,721
`
`300 N. LaSalle Drive, Suite 4925
`Chicago, IL 60654
`(312) 803-0378
`Attorney for Arun Agarwal
`
`1600 Wells Fargo Tower, Suite 1600
`Greensboro, NC 27401
`(336) 273-4422
`Attorney for AQ Textiles, LLC
`
`3
`
`

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