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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`INTERNATIONAL BUSINESS MACHINES CORPORATION (IBM)
`Petitioner
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`v.
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`FINANCIAL SYSTEMS TECHNOLOGY
`(INTELLECTUAL PROPERTY) PTY. LTD.
`Patent Owner
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`CASE IPR2013-00079
`Patent RE40,520
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`FINANCIAL SYSTEMS TECHNOLOGY
`(INTELLECTUAL PROPERTY) PTY. LTD. AND
`INTERNATIONAL BUSINESS MACHINE CORPORATION’S
`JOINT MOTION TO TERMINATE PROCEEDING
`PURSUANT TO 35 U.S.C. § 317
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Pursuant to 35 U.S.C. § 317(a), Petitioner International Business Machines
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`Corporation
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`(“IBM”) and Patent Owner Financial Systems Technology
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`(Intellectual Property) Pty. Ltd. (“FST”) jointly request termination of the Inter
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`Partes Review of U.S. Patent No. RE40,520, Case No. IPR2013-00079.
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`This inter partes review has not been instituted. IBM filed its petition for
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`inter partes review on December 12, 2012. FST has not filed a preliminary
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`response, and one is not due until March 17, 2013. The parties have settled their
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`dispute, and have reached agreement to terminate this inter partes review. This
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`Settlement Agreement has been made in writing, and a true and correct copy shall
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`be filed with this Office as business confidential information pursuant to 35 U.S.C.
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`§ 317(b). As stated in 35 U.S.C. § 317(a), because IBM and FST request this
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`termination as to Petitioner IBM, no estoppel under 35 U.S.C. § 315(e) shall attach
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`to IBM.
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`Therefore, IBM and FST respectfully request termination of the Inter Partes
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`Review of U.S. Patent No. RE40,520, Case No. IPR2013-00079.
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`Date: February 8, 2013
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`Respectfully submitted,
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`/s/ Kenneth R. Adamo
`Kenneth R. Adamo (Reg. No. 27,299)
`Joel R. Merkin (Reg. No. 58,600)
`KIRKLAND & ELLIS LLP
`300 North LaSalle Street
`Chicago, Illinois 60654
`Attorneys For Petitioner
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`/s/ Scott A. McKeown
`Scott A. McKeown (Reg. No. 42,866)
`Michael L. Kiklis (Reg. No. 38,939)
`OBLON, SPIVAK, McCLELLAND,
`MAIER & NEUSTADT, LLP
`1940 Duke Street
`Alexandria, Virginia 22314
`Attorneys for Patent Owner
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing Joint Motion
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`to Terminate Proceeding for Inter Partes Review of U.S. Patent No. RE40,520 was
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`served on February 8, 2013 via U.S. Mail directed to the attorney of record for the
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`patent at the following address:
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`Scott A. McKeown
`OBLON, SPIVAK, MCCLELLAND MAIER & NEUSTADT LLP
`1940 Duke Street
`Alexandria, VA 22314
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` /s/ Joel R. Merkin
`Joel R. Merkin
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