UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`Rackspace US, Inc. and Rackspace Hosting, Inc.
`Petitioner
`
`v.
`
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC.
`Patent Owner
`
`_____________
`
`Case IPR2014-00059
`Patent 6,415,280
`
`Title: IDENTIFYING AND REQUESTING DATA IN NETWORK USING
`IDENTIFIERS WHICH ARE BASED ON CONTENTS OF DATA
`
`
`
`JOINT REQUEST TO KEEP SEPARATE PURSUANT TO 35 U.S.C. §
`317(b) AND 37 C.F.R. § 42.74
`
`
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`Rackspace US, Inc. and Rackspace Hosting, Inc.
`Petitioner
`
`v.
`
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC.
`Patent Owner
`
`_____________
`
`Case IPR2014-00059
`Patent 6,415,280
`
`Title: IDENTIFYING AND REQUESTING DATA IN NETWORK USING
`IDENTIFIERS WHICH ARE BASED ON CONTENTS OF DATA
`
`
`
`JOINT REQUEST TO KEEP SEPARATE PURSUANT TO 35 U.S.C. §
`317(b) AND 37 C.F.R. § 42.74
`
`
`
`
`
`Parties’ Joint Request to Keep Separate
`IPR2014-00059 (U.S. Patent No. 6,415,280)
`Patent Owner and Petitioner (together, “the Parties”), have reached a
`
`settlement and executed a Settlement Agreement regarding U.S. Patent No.
`
`6,415,280 (“the ’280 Patent”), filed concurrently herewith as Exhibit 1014. The
`
`Parties jointly request that the Board treat the Settlement Agreement as business
`
`confidential information and keep it separate from the file of the involved patent.
`
`I.
`
`Statement of Precise Relief Requested
`
`The Parties jointly request that the Board treat the Settlement Agreement
`
`(Exhibit 1014) as business confidential information and keep it separate from the
`
`file of the involved patent, and made available only to Federal Government
`
`agencies on written request or to any person only on a showing of good cause, as
`
`provided for in 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74.
`
`II.
`
`Statement of Reasons for the Relief Requested
`
`The Parties have executed a Settlement Agreement regarding their disputes
`
`relating to the ’280 Patent. The Settlement Agreement addresses this Inter Partes
`
`Review, as well as disputes regarding the ’280 Patent involved in PersonalWeb
`
`Tech. LLC et al v. Rackspace US, Inc. et al., No. 6-12-cv-00659 (E.D. Tex.). The
`
`Settlement Agreement provides that the terms of the Settlement Agreement are
`
`confidential.
`
`The Petitioner has filed, concurrently herewith, a copy of the Settlement
`
`Agreement (Exhibit 1014) with the Board, as required by 35 U.S.C. § 317(b) and
`
`
`
`1
`
`
`
`37 C.F.R. § 42.74. Exhibit 1014 was filed in the PRPS system to provide
`
`Parties’ Joint Request to Keep Separate
`IPR2014-00059 (U.S. Patent No. 6,415,280)
`
`
`availability to “Parties and Board Only.” The Parties jointly request that the
`
`Settlement Agreement be treated as business confidential information and be kept
`
`separate from the file of the involved patent, pursuant to 35 U.S.C. § 317(b) and 37
`
`C.F.R. § 42.74(c).
`
`
`Jointly submitted,
`
`
`
`
`/David W. OBrien/
`
`
`___________________
`
`
`David W. O’Brien
`
`Registration No. 40,107
`HAYNES AND BOONE, LLP
`
`Attorney for Petitioner
`
`
`
`October 16, 2014
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Joseph A. Rhoa/
`________________
`Joseph A. Rhoa
`Registration No. 37,515
`NIXON & VANDERHYE PC
`
`Attorney for Patent Owner
`PersonalWeb
`
`
`
`2
`
`
`
`Parties’ Joint Request to Keep Separate
`IPR2014-00059 (U.S. Patent No. 6,415,280)
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`Rackspace US, Inc. and Rackspace Hosting, Inc.
`Petitioner
`v.
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC.
`Patent Owner
`_________________
`Case IPR2014-00059
`Patent 6,415,280
`Title: IDENTIFYING AND REQUESTING DATA IN NETWORK USING
`IDENTIFIERS WHICH ARE BASED ON CONTENTS OF DATA
`
`_____________________
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies, in accordance with 37 C.F.R. § 42.105, that
`service was made on the Patent Owner as detailed below.
`Date of service October 16, 2014
`Manner of service By email upon counsel of record listed below
`Document served Parties’ Joint Request to Keep Separate
`Persons served Joseph A. Rhoa (jar@nixonvan.com)
`Updeep S. Gill (usg@nixonvan.com)
`NIXON & VANDERHYE P.C.
`901 North Glebe Road, 11th Floor
`Arlington, VA 22203
`
`
`
`
`/David W. OBrien/
`__________________
`David W. O’Brien
`Registration No. 40,107
`
`
`
`3
`
`
`
`Parties’ Joint Request to Keep Separate
`IPR2014-00059 (U.S. Patent No. 6,415,280)
`PETITIONER’S EXHIBIT LIST
`
`October 16, 2014
`
`Exhibit
`
`Description
`
`RACK-1001
`
`U.S. Patent No. 6,415,280
`
`RACK-1002
`
`USPTO File Wrapper for U.S. Patent No. 6,415,280, including
`the prosecution history of U.S. Application No.: 09/283,160.
`
`RACK-1003
`
`U.S. Patent No. 5,649,196, (“Woodhill” )
`
`RACK-1004
`
`Albert Langer, “Re: dl/describe (File descriptions),” article
`<1991Aug7.225159.786@newshost.anu.edu.au> in Usenet
`newsgroups “alt.sources.d” and “comp.archives.admin” (August
`7, 1991)
`
`RACK-1005
`
`Decision, Institution of Inter Partes Review, IPR2013-00082
`
`RACK-1006
`
`Decision, Institution of Inter Partes Review, IPR2013-00083
`
`Declaration of Dr. Melvin Ray Mercer in support of Petition for Inter
`Partes Review of U.S. Patent No. 6,415,280
`
`Declaration of Dr. Narasimha Reddy in support of Petition for Inter
`Partes Review of U.S. Patent No. 6,415,280
`
`B. Reid, “USENET READERSHIP SUMMARY REPORT FOR
`AUG 91” (Sept. 1, 1991)
`
`B. Reid, “USENET Readership report for Aug 91” (Sep. 1, 1991)
`
`J.S. Quarterman, The Matrix (1990)
`
`G. Todino et al., Using UUCP and Usenet (1991)
`
`(Expunged)
`
`Confidential
`
`RACK-1007
`
`RACK-1008
`
`RACK-1009
`
`RACK-1010
`
`RACK-1011
`
`RACK-1012
`
`RACK-1013
`
`RACK-1014
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