`Filed: August 19, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
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`APPLE INC.
`Petitioner
`
`v.
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`OPENTV, INC.
`Patent Owner
`__________
`
`Case CBM2016-00066
`Patent 7,055,169
`__________
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`
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`JOINT REQUEST TO FILE SETTLEMENT AGREEMENT
`AS BUSINESS CONFIDENTIAL INFORMATION PURSUANT
`TO 35 U.S.C. § 317(b)
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`CBM2016-00066
`Patent No. 7,055,169
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`INTRODUCTION
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`Petitioner and Patent Owner previously filed a Joint Motion to Terminate
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`along with five agreements that, taken together, resolved all underlying disputes
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`between the parties, including this proceeding. In an Order dated August 10, 2016
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`(Paper 11), the Board ordered the Patent Owner to file a true copy of a writing that
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`reflects an agreement or understanding between Petitioner and Patent Owner made
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`in connection with on in contemplation of termination of this proceeding. During a
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`call with the Board on August 9, 2016, the Board instructed the parties that it was
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`unnecessary to file a new Joint Motion to Terminate with the writing, but indicated
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`that the writing needed to reference the Order. As required by the Board, the
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`parties are submitting a true copy of the writing between Petitioner and Patent
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`Owner (Ex. 2005), which references the Order. The parties have agreed to waive
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`service of the writing on each other.
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`RELIEF REQUESTED
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`If requested, the rules permit the parties to have any filed settlement
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`agreement treated as business confidential information and kept separate from the
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`files of the involved patent. 37 C.F.R. § 42.74(c). Indeed, the statute requires it.
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`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
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`1
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`CBM2016-00066
`Patent No. 7,055,169
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`patents, and shall be made available only to Federal
`Government agencies on written request, or to any person on a
`showing of good cause.
`
`35 U.S.C. § 317(b).
`
`Pursuant to 37 C.F.R. § 42.74(c) and 35 U.S.C. § 317(b), Petitioner and
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`Patent Owner jointly request that the Office treat the writing (Exhibit 2005) as
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`business confidential information, that the writing be kept separate from the file of
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`the involved patent, and that the writing be made available only to Federal
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`Government agencies on written request, or to other persons only on a showing of
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`Respectfully submitted,
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`
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`
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`By: /Joshua L. Goldberg/
`Joshua L. Goldberg
`Reg. No. 59,369
`
`Counsel for OpenTV, Inc.
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`By: /Mark Miller/
`Mark Miller
`Reg. No. 31,401
`
`Counsel for Apple Inc.
`
`
`2
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`good cause.
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`Dated: August 19, 2016
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`
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`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a copy of the foregoing JOINT
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`REQUEST TO FILE SETTLEMENT AGREEMENT AS BUSINESS
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`CONFIDENTIAL INFORMATION PURSUANT TO 35 U.S.C. § 317(b) was
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`served via e-mail on counsel of record for the Petitioner on August 19, 2016 at the
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`following addresses:
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`Ryan K. Yagura
`ryagura@omm.com
`Brian M. Cook
`bcook@omm.com
`John Kevin Murray
`kmurray2@omm.com
`Xin-Yi Zhou
`vzhou@omm.com
`Anne E. Huffsmith
`ahuffsmith@omm.com
`Mark E. Miller
`markmiller@omm.com
`
`
` By: /Bradley J. Moore/
`Bradley J. Moore
`Legal Assistant
`
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
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`–3–
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`Dated: August 19, 2016
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