`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FORD MOTOR COMPANY.,
`Petitioner
`
`v.
`
`PAICE L.L.C. AND THE ABELL FOUNDATION, INC.,
`Patent Owner
`____________
`
`Case IPR2015-00606
`Patent 7,237,634
`____________
`
`
`JOINT REQUEST TO FILE SETTLEMENT DOCUMENTS AS BUSINESS
`CONFIDENTIAL INFORMATION UNDER 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.72(c)
`
`
`
`
`
`Case: IPR2015-00606
`Attorney Docket: 36351-0015IPA
`
`
`
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner, Ford
`
`Motor Company, and Patent Owners Paice L.L.C. and the Abell Foundation, Inc.
`
`(collectively, “Parties”), jointly request to treat business confidential information,
`
`and to keep separate from the file of the involved patent, the true and complete
`
`copy of the Parties’ settlement documentation (Confidential Exhibits 2111 and
`
`2112), as referenced in the Joint Motion to Terminate Proceeding pursuant to 35
`
`U.S.C. § 317(b) and 37 C.F.R. § 42.74, filed concurrently herewith.
`
`35 U.S.C. § 317(b) provides that:
`
`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 patents, and shall
`be made available only to Federal Government agencies on written
`request, or to any person on a showing of good cause.
`
`Likewise, 37 C.F.R. § 42.74(c) provides that:
`
`A party to a settlement may request that the settlement be
`treated as business confidential information and be kept separate from
`the files of an involved patent or application. The request must be
`filed with the settlement. If a timely request is filed, the settlement
`shall only be available:
`
`(1) To a Government agency on written request to the Board; or
`
`
`
`1
`
`
`
`(2) To any other person upon written request to the Board to make the
`settlement agreement available, along with the fee specified in § 42.15(d)
`and on a showing of good cause.
`
`Case: IPR2015-00606
`
`
`
`The present request, which is being filed contemporaneously with the
`
`settlement documentation, is timely and in accordance with the foregoing
`
`authority. Therefore, the Parties request that their settlement documentation
`
`(Confidential Exhibits 2111 and 2112) (i) be treated as business confidential
`
`information, (ii) be maintained separate from the publicly available file of the
`
`involved patent, and (iii) shall be made available only to Federal Government
`
`agencies on written request, or to persons showing good cause on written request,
`
`pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`
`
`
`
`Date: August 28, 2018
`
`
`
`
`Date: August 28, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/Frank Angileri/
`Frank Angileri, Reg. No. 36,733, for
`Petitioner, Ford Motor Company.
`
`/Brian J. Livedalen/
`Brian J. Livedalen, Reg. No. 67,450, for
`Patent Owners, Paice L.L.C. and the
`Abell Foundation, Inc.
`
`
`
`
`
`
`2
`
`
`
`Case: IPR2015-00606
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR § 42.6(e)(1), the undersigned certifies that on August
`
`28, 2018, a complete and entire copy of Joint Motion to Terminate Proceeding
`
`Under 35 U.S.C. § 317 was provided via email, to Petitioner by serving the email
`
`correspondence addresses of record as follows:
`
`Frank A. Angileri
`Sangeeta G. Shah
`Michael D. Cushion
`Michael N. MacCallum
`Brooks Kushman P.C.
`1000 Town Center
`Twenty-Second Floor
`Southfield, Michigan 48075
`Email: FPGP0104IPR2@brookskushman.com
`
`Lissi Mojica
`Kevin Greenleaf
`Dentons US LLP
`233 South Wacker Drive, Suite 7800
`Chicago, IL 60606-6306
`Email: lissi.mojica@dentons.com
`Email: kevin.greenleaf@dentons.com
`Email: ipt.docketchi@dentons.com
`
`
`
`
`
`
`/Edward G. Faeth/
`
`Edward G. Faeth
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(202) 626-6420
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`