`________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
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`CYPRESS SEMICONDUCTOR CORP.
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`Petitioner,
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`v.
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`BLACKBERRY LTD.
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`Patent Owner.
`______________
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`Case IPR2014-00400
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`Patent U.S. 6,034,623
`____________
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`JOINT MOTION TO TERMINATE PROCEEDING
`PURSUANT TO 35 U.S.C. § 317
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`A/76503527.1
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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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`JOINT MOTION TO TERMINATE PROCEEDING
`Case IPR2014-00400
`U.S. Patent 6,034,623
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`Pursuant to 35 U.S.C. § 317(a) and 37 C.F.R. § 42.72, Petitioner Cypress
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`Semiconductor Corp. (“Cypress”), and Patent Owner BlackBerry, Ltd.
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`(“BlackBerry”) jointly request termination of Inter Partes Review Case No.
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`IPR2014-00400, which is directed to U.S. Patent 6,034,623 (“the ‘623 Patent”).
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`
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`Cypress’ petition for this inter partes review was filed on January 30, 2014.
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`The Board instituted inter partes review on July, 3, 2014 (Paper No. 9). Patent
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`Owner filed a patent owner response on October 2, 2104 (Paper No. 15).
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`Petitioner’s reply is not due until January 2, 2015.
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`Patent Owner and Petitioner respectfully submit that termination is
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`appropriate because they have reached an agreement resolving the dispute
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`involving the patent at issue in this proceeding, because full briefing on the issues
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`has not been completed, and because the Board has not made any ruling with
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`respect to the challenged claims. Accordingly, termination is proper under 35
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`U.S.C. § 317(a).
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`As required by 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b), the parties’
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`confidential Agreement has been reduced to writing, and a true copy of the same is
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`A/76503527.1
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`2
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`
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`JOINT MOTION TO TERMINATE PROCEEDING
`Case IPR2014-00400
`U.S. Patent 6,034,623
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`attached hereto as Exhibit 2004.1 The Agreement is marked Confidential as the
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`parties desire that the Agreement be maintained as business confidential
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`information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), and a separate
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`joint request to that effect is being filed on even date herewith.
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`The ‘623 Patent was previously the subject of BlackBerry Ltd. v. Cypress
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`Semiconductor Corp., case no. 3:13-cv-04431 (N.D. Tex. Nov. 4, 2013), which
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`was dismissed without prejudice on September 25, 2014.
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`The parties jointly request termination of IPR2014-00400. Should the Board
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`determine that termination is not proper, Patent Owner and Petitioner have agreed
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`that each has reserved its rights to participate in any ongoing proceeding.
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`Patent Owner and Petitioner believe no fee is due with this filing. If
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`necessary, however, the Board is hereby authorized in this, concurrent and future
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`filings, to charge payment or credit any overpayment to Deposit Account 15-0030,
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`(Customer ID No. 22850).
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`1 The Agreement is being filed electronically via the Patent Review Processing
`System (PRPS) as “Parties and Board Only.”
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`A/76503527.1
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`3
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`Dated: November 21, 2014
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`Dated: November 21, 2014
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`JOINT MOTION TO TERMINATE PROCEEDING
`Case IPR2014-00400
`U.S. Patent 6,034,623
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`Respectfully submitted,
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`
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`/Robert C. Mattson/
`Robert C. Mattson (Reg. No. 42,850)
`Attorney for Patent Owner
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`
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`BLACKBERRY LTD.
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`OBLON, SPIVAK, McCLELLAND,
`MAIER & NEUSTADT, LLP
`1940 Duke Street
`Alexandria, VA 22314
`(703) 413-3000
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`
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`
`
`/James Hannah/
`James Hannah (Reg. No. 56,369)
`Attorney for Petitioner
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`CYPRESS SEMICONDUCTOR
`CORP.
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`KRAMER LEVIN NAFTALIS &
`FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`(650) 752-1712
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`A/76503527.1
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`4
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`JOINT MOTION TO TERMINATE PROCEEDING
`Case IPR2014-00400
`U.S. Patent 6,034,623
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on November
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`21, 2014, the JOINT MOTION TO TERMINATE PROCEEDING was served on
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`the counsel of record for the Petitioner by filing this document through the Patent
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`Review Processing System and serving to the email addresses noted below (as
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`requested in Petitioner’s Petition for Inter Partes Review):
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`jhannah@kramerlevin.com
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`afrankel@kramerlevin.com
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`pandre@kramerlevin.com
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`/Robert C. Mattson/
`Robert C. Mattson (Reg. No. 42,850)
`Attorney for Patent Owner
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`BLACKBERRY LTD.
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`A/76503527.1
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`5
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