UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`
`
`APPLE INC. AND TWITTER, INC.
`Petitioner
`
`v.
`
`SUMMIT 6, LLC
`Patent Owner
`
`_____________________
`
`Case IPR2015-00685
`Patent 7,765,482
`_____________________
`
`
`
`JOINT REQUEST THAT APPLE/SUMMIT 6 AND TWITTER/SUMMIT
`6 SETTLEMENT AGREEMENTS BE TREATED AS BUSINESS
`CONFIDENTIAL INFORMATION AND KEPT SEPARATE UNDER 37
`C.F.R. § 42.74(c)
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`
`
`APPLE INC. AND TWITTER, INC.
`Petitioner
`
`v.
`
`SUMMIT 6, LLC
`Patent Owner
`
`_____________________
`
`Case IPR2015-00685
`Patent 7,765,482
`_____________________
`
`
`
`JOINT REQUEST THAT APPLE/SUMMIT 6 AND TWITTER/SUMMIT
`6 SETTLEMENT AGREEMENTS BE TREATED AS BUSINESS
`CONFIDENTIAL INFORMATION AND KEPT SEPARATE UNDER 37
`C.F.R. § 42.74(c)
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`Exh. No.
`1001
`
`1002
`
`1003
`
`1004
`
`1005
`
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`1011
`
`1012
`
`1013
`
`1014
`
`1015
`
`
`
`Case IPR2015-00685 of
`U.S. Patent No. 7,765,482
`
`UPDATED EXHIBIT LIST
`
`Description
`U.S. Patent No. 7,765,482 to Wood et al., issued July 27, 2010
`(“the ’482 patent”)
`Declaration of Dr. Andrew Lippman in Support of Petition for Inter
`Partes Review of U.S. Patent No. 7,765,482, February 4, 2015 with
`Curriculum Vitae (“Lippman Decl.”)
`U.S. Patent No. 6,930,709 to Creamer et al., issued August 16,
`2005 (“Creamer”)
`U.S. Provisional Patent Application No. 60/067,310 to Creamer,
`filed December 4, 1997 (“Creamer ’97”)
`U.S. Provisional Patent Application No. 60/085,585 to Creamer,
`filed May 15, 1998 (“Creamer ’98”)
`U.S. Patent No. 6,038,295 to Mattes, issued March 14, 2000
`(“Mattes”)
`Claim Construction Order, Summit 6 LLC v. Research in Motion
`Corp., CA No. 3:11-cv-367-O (N.D. Tex., May 21, 2012) (“Claim
`Constr. Order”)
`Partial File History of Ex Parte Reexamination of U.S. Patent
`7,764,482, Control No. 90/012,987 (“Reexam FH”)
`U.S. Patent No. 8,612,515 to Wood et al., issued December 17,
`2013 (“the ’515 patent”)
`Intentionally Left Blank
`U.S. Patent No. 6,092,114 to Shaffer et al., issued July 18, 2000
`(“Shaffer”)
`U.S. Patent No. 6,223,190 to Aihara et al., issued April 24, 2001
`(“Aihara”)
`U.S. Patent No. 5,875,296 to Shi et al., issued February 23, 1999
`(“Shi”)
`EP 0838774A2 Application (DE), published April 29, 1998
`(“Bandini”)
`Godin, You’ve Got Pictures: AOL’s Guide to Digital Imaging
`
`1
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2015-00685 of
`U.S. Patent No. 7,765,482
`
`Exh. No.
`
`Description
`
`1016
`
`1017
`
`1018
`
`1019
`
`1020
`
`1021
`
`1022
`
`1023
`
`1024
`
`1025
`
`1026
`
`1027
`
`1028
`
`1029
`
`(1998) (“Godin”)
`Lu et al., eWorld – The Official Guide for Macintosh Users,
`Hayden Books, 1994 (“eWorld”)
`Jain et al., “The Design and Performance of MedJava,”
`Proceedings of the 4th USENIX Conference, on Object-Oriented
`Technologies and Systems (COOTS), April 1998 (“MedJava”)
`U.S. Patent No. 6,018,774 to Mayle et al., issued January 25, 2000
`(“Mayle”)
`U.S. Patent No. 6,567,122 to Anderson et al., issued May 20, 2003
`(“Anderson ’122”)
`U.S. Patent No. 6,118,480 to Anderson et al., issued September 12,
`2000 (“Anderson ’480”)
`Rose et al., NeXTSTEP Applications Manual (1990)
`(“NeXTSTEP”)
`U.S. Patent No. 6,370,193 to Lee et al., issued April 9, 2002
`(“Lee”)
`U.S. Patent No. 6,075,528 to Curtis, issued June 13, 2000
`(“Curtis”)
`U.S. Patent No. 6,895,557 to Wood et al., issued May 17, 2005
`(“the ’557 patent”)
`Opening Claim Construction Brief of Plaintiff Summit 6, LLC,
`Summit 6 LLC v. HTC Corp., No. 7:14-cv-00014 (N.D. Tex. Dec.
`29, 2014) (“Op. CC Brief”)
`Defendants’ Opening Claim Construction Brief, Summit 6 LLC v.
`HTC Corp., No. 7:14-cv-00014 (N.D. Tex. Dec. 30, 2014) (“Def.
`Op. CC Brief”)
`Amended Joint Claim Construction and Prehearing Statement,
`Summit 6 LLC v. HTC Corp., No. 7:14-cv-00014 (N.D. Tex. Jan.
`27, 2014) (“Joint Claim Constr.”)
`Ahuja, Jasmine J., Client-Server Applications in Java, Pace Univ.
`Dec. 1997 (“Ahuja”)
`Transcript of Patent Trial and Appeal Board Teleconference in
`
`2
`
`
`
`
`
`
`
`
`
`Exh. No.
`
`1030
`
`1031
`
`
`
`Case IPR2015-00685 of
`U.S. Patent No. 7,765,482
`
`Description
`Cases IPR2015-00685, -00686, -00687, and -00688, Wednesday,
`March 11, 2015
`Settlement Agreement between Summit 6, LLC and Twitter, Inc.
`[Confidential]
`Settlement Agreement between Summit 6, LLC and Apple, Inc.
`[Confidential]
`
`3
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`Case IPR2015-00685 of
`U.S. Patent No. 7,765,482
`
`BACKGROUND
`
`The Board sent an e-mail on June 8, 2015 authorizing (1) Apple and Summit
`
`6 to file their settlement agreement and (2) Twitter and Summit 6 to file their
`
`settlement agreement, each agreement being in support of a joint motion to
`
`terminate the above-captioned inter partes review, Case No. IPR2015-00685 (the
`
`“Review”). If requested, the parties are entitled to have any filed agreement be
`
`treated as business confidential information, and be kept separate from the files of
`
`the involved patent. 37 C.F.R. § 42.74(c).
`
`In a concurrent filing, the patent owner Summit 6 and the petitioner Apple
`
`and Twitter have jointly requested termination of the above-captioned inter partes
`
`review. They have also submitted, as part of that joint request, a true copy of the
`
`individual settlement agreements between them as Exhibits 1030 and 1031.
`
`RELIEF REQEUSTED
`
`Summit 6 and Apple/Twitter jointly request that the Office treat the
`
`settlement agreements (Exhibits 1030 and 1031) as business confidential
`
`information, that the agreements be kept separate from the file of the involved
`
`patents, and the agreements be made available only to Federal Government
`
`agencies on written request, or to any person on a showing of good cause.
`
`
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`4
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`Date: June 10, 2015
`
`
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`
`
`Date: June 10, 2015
`
`
`
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`
`
`
`Case IPR2015-00685 of
`U.S. Patent No. 7,765,482
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`/Jason D. Eisenberg/
`Jason D. Eisenberg
`Registration No. 43,447
`Lead Counsel for Petitioner
`
`Respectfully submitted,
`/Peter J. Ayers/
`Peter J. Ayers
`Registration No. 38,374
`Lead Counsel for Patent Owner
`
`
`
`5
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`Case IPR2015-00685 of
`U.S. Patent No. 7,765,482
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
`
`The undersigned hereby certifies that the above-captioned JOINT
`
`REQUEST THAT THE APPLE/SUMMIT 6 AND TWITTER/SUMMIT 6
`
`SETTLEMENT AGREEMENTS BE TREATED AS BUSINESS
`
`CONFIDENTIAL INFORMATION AND KEPT SEPARATE UNDER 37
`
`C.F.R. § 42.74(c), the settlement agreements, and any accompanying documents
`
`were served electronically via e-mail on June 10, 2015, in their entireties on
`
`Attorneys for Patent Owner – Summit 6, LLC:
`
`Peter J. Ayers (Lead counsel)
`Robert J. Carlson (Backup counsel)
`Brian Mangum (Backup counsel)
`LEE & HAYES, PLLC
`peter@leehayes.com
`bob@leehayes.com
`brianm@leehayes.com
` Summit6IPRService@leehayes.com
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Jason D. Eisenberg/
`Jason D. Eisenberg
`Lead Counsel for Petitioner
`Registration No. 43,447
`
`Date: June 10, 2015
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`2005502_1.DOCX
`
`6
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