`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`GOOGLE INC.,
`HTC CORPORATION, HTC AMERICA, INC.,
`Petitioners
`
`v.
`
`SUMMIT 6 LLC,
`Patent Owner
`
`
`
`
`Case IPR2015-00806:
`Patent 7,765,482
`
`
`
`
`
`
`PETITIONERS HTC CORPORATION AND HTC AMERICA, INC.’S
`AND
`PATENT OWNER SUMMIT 6 LLC’S
`JOINT MOTION TO FILE SETTLEMENT AGREEMENT AS BUSINESS
`CONFIDENTIAL INFORMATION PURSUANT TO 35 U.S.C. § 317
`
`
`
`
`
`
`UPDATED EXHIBIT LIST
`
`Exhibit 1001
`
`U.S. 7,765,482 (“the ’482 patent”)
`
`Exhibit 1002
`
`Exhibit 1003
`
`Complaint in Summit 6 LLC v. HTC Corp., et al., No. 7:14-cv-
`00014-O (N.D. Tex. Feb. 18, 2014) (ECF No. 1), served on
`Real Parties in Interest on February 25 & 26, 2014.
`Declaration of Dr. Paul Clark
`
`Exhibit 1004
`
`U.S. 6,930,709 to Creamer et al. (“Creamer”)
`
`Exhibit 1005
`
`U.S. 6,223,190 to Aihara et al. (“Aihara”)
`
`Exhibit 1006
`
`U.S. 6,018,774 to Mayle et al. (“Mayle”)
`
`Exhibit 1007
`
`U.S. 6,035,323 to Narayen et al. (“Narayen”)
`
`Exhibit 1008
`
`Exhibit 1009
`
`Exhibit 1010
`
`Exhibit 1011
`
`Exhibit 1012
`
`Exhibit 1013
`
`Exhibit 1014
`
`Exhibit 1015
`
`Provisional Application No. 60/085,585, filed on May 15, 1998
`(“Creamer ’98”)
`Provisional Application No. 60/067,310, filed Dec. 4, 1997
`(“Creamer ’97”)
`Ex-parte Re-Examination No. 90/012,987, Applicant
`Arguments & Remarks Made in an Amendment, March 31,
`2014
`Plaintiff’s Opening Claim Construction Brief in Summit 6 LLC
`v. HTC Corp., et al., No. 7:14-cv-00014-O (N.D. Tex. Feb. 18,
`2014) (ECF No. 217)
`Civil Summons and Proof of Service for Real Parties in Interest
`in Summit 6 LLC v. HTC Corp., et al., No. 7:14-cv-00014-O
`(N.D. Tex. Feb. 18, 2014) (ECF Nos. 11, 13, 14)
`Joint Claim Construction and Prehearing Statement in Summit
`6 LLC v. HTC Corp., et al., No. 7:14-cv-00014-O (N.D. Tex.
`Feb. 18, 2014) (ECF No. 149)
`Joint Notice of Settlement in Summit 6 LLC v. HTC Corp., et
`al., No. 7:14-cv-00014-O (N.D. Tex. Feb. 18, 2014) (ECF No.
`238)
`Settlement Agreement between HTC Entities and Summit 6
`LLC, marked as Business Confidential Information
`
`
`
`U.S. Patent No. 7,765,482
`IPR2015-00806
`
`I.
`
`BACKGROUND
`
`In an e-mail sent on June 9, 2015, the Board authorized Petitioners HTC
`
`Corporation and HTC America, Inc. (“HTC”) and Patent Owner Summit 6 LLC
`
`(“Summit 6”) to file a settlement agreement in support of a joint motion to
`
`terminate the above-captioned inter partes review, Case No. IPR2015-00806 (the
`
`“Review”), with respect to HTC. 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, HTC and Summit 6 have jointly requested termination
`
`of the above-captioned inter partes review with respect to HTC. They have also
`
`submitted, as part of that joint request, a true copy of the settlement agreement
`
`between them as Exhibit 1015.
`
`II.
`
`STATEMENT OF RELIEF REQUESTED
`
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), HTC and Summit
`
`6 jointly request that the Settlement Agreement, which is filed as Exhibit 1015, be
`
`treated as business confidential information and kept separate from the file of the
`
`involved parties.
`
`The Patent Trial and Appeal Board is hereby authorized to charge any fees
`
`associated with this filing to Deposit Account No. 20-1430.
`
`
`
`
`
`Respectfully submitted,
`
`1
`
`
`
`U.S. Patent No. 7,765,482
`IPR2015-00806
`
`
`Date: June 9, 2015
`
`Date: June 9, 2015
`
`
`/s/John Alemanni
`John C. Alemanni (Reg. No. 47,384)
`Michael Morlock (Reg. No. 62,245)
`KILPATRICK TOWNSEND &
` STOCKTON LLP
`Counsel for Petitioners
`HTC Corporation & HTC America, Inc.
`
`
`
`/s/Peter Ayers
`Peter J. Ayers (Reg. No. 38,374)
`John Shumaker (Reg. No. 52,223)
`Brian Mangum (Reg. No. 64,224)
`LEE & HAYES, PLLC
`Counsel for Patent Owner
`Summit 6 LLC
`
`
`
`1
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e)(4) and 42.205(b), the undersigned hereby
`
`
`
`
`
`certifies that a copy of this JOINT MOTION TO FILE SETTLEMENT
`
`AGREEMENT AS BUSINESS CONFIDENTIAL INFORMATION
`
`PURSUANT TO 35 U.S.C. § 317, together with Exhibit 1015, have been served
`
`via electronic mail on June 9, 2015, upon the following:
`
`
`
`
`/s/ John Alemanni
`John C. Alemanni (Reg. No. 47,384)
`
`
`
`Peter J. Ayers
`peter@leehayes.com
`John Shumaker
`jshumaker@leehayes.com
`Brian Mangum
`brianm@leehayes.com
`LEE & HAYES, PLLC
`11501 Alterra Parkway, Suite 450
`Austin, TX 78758
`
`
`
`Date: June 9, 2015
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