`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`RARITAN AMERICAS, INC. D/B/A RARITAN COMPUTER, INC.,
`Petitioner
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`v.
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`SERVER TECHNOLOGY, INC.,
`Patent Owner
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`Case IPR2015-01597
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`U.S. Patent No. 7,043,543
`Title: Vertical-Mount Electrical Power Distribution Plugstrip
`Filed: August 15, 2001
`Issued: May 9, 2006
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`JOINT MOTION TO TERMINATE PROCEEDINGS
`UNDER 35 U.S.C. § 317(a)
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`Raritan v. Server Technology
`IPR2015-01597
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`Pursuant to 35 U.S.C. § 317(a) and 37 C.F.R. §§ 42.72 and 42.74, Petitioner
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`Raritan Americas, Inc. d/b/a Raritan Computer, Inc., (“Raritan”) and Patent Owner
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`Server Technology, Inc. (“Server Tech”) jointly file this request for termination of
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`this inter partes review of U.S. Patent No. 7,043,543.
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`A petition for inter partes review was filed by Raritan on July 17, 2015. The
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`parties have settled their dispute and have agreed in a confidential Settlement
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`Agreement to terminate this proceeding (Case IPR2015-01597), an inter partes
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`review proceeding of a related patent (Case IPR2015-01596), and other related
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`litigation proceedings involving the subject patent. No other proceedings
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`concerning the subject patent are contemplated by these parties in the foreseeable
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`future. The confidential Settlement Agreement is in writing and was executed by
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`Raritan and Server Tech on January 6, 2016. No collateral agreements were made
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`in connection with the termination of this proceeding.
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`In accordance with 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b), a true and
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`correct copy of the agreed-upon confidential Settlement Agreement is being
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`submitted herewith as Exhibit 1033. The parties file this joint motion to provide
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`the Board with notice of this critical development as early as possible in the
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`interest of efficiency.
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`Also submitted concurrently herewith is a request by Raritan and Server
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`Tech that the Settlement Agreement be treated as business confidential
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`1
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`Raritan v. Server Technology
`IPR2015-01597
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`information, be kept separate from the file of the involved patents, and be made
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`available only to Federal Government agencies on written request, or to any person
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`on a showing of good cause pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
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`§ 42.74(c).
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`Termination of this proceeding is proper under 35 U.S.C. § 317(a) because
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`the Board has not yet instituted the proceeding. Accordingly, the parties
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`respectfully request termination of this proceeding.
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`The Patent Trial and Appeal Board is hereby authorized to charge any fees
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`associated with the filing to Deposit Account 100460.
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`Dated: January 8, 2016.
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`Jenner & Block LLP
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`Respectfully submitted,
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`/Reginald J. Hill/
`Reginald J. Hill
`Registration No. 39,225
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`Dated: January 8, 2016.
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`Attorneys For Raritan Americas, Inc.
`HOLLAND & HART LLP
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`/Bryan G. Pratt/
`Bryan G. Pratt
`Registration No. 48,873
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`Attorneys For Server Technology, Inc.
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`2
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`Raritan v. Server Technology
`IPR2015-01597
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`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that the foregoing JOINT MOTION TO
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`TERMINATE PROCEEDINGS UNDER 35 U.S.C. § 317(a) was served via
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`email and first class mail, on January 8, 2016, in its entirety, on the following:
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`Bryan G. Pratt, Reg. No. 48873
`HOLLAND & HART LLP
`222 S. Main Street, Suite 2200
`Salt Lake City, UT 84101
`Tel: (801) 799-5800
`Fax: (801) 799-5700
`BGPratt@hollandhart.com
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`Kenneth C. Winterton, Reg. No. 48040
`HOLLAND & HART LLP
`222 S. Main Street, Suite 2200
`Salt Lake City, UT 84101
`Tel: (303) 473-2700
`Fax: (303) 473-2720
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`Philip W. Harris, Reg. No. 70011
`HOLLAND & HART LLP
`222 S. Main Street, Suite 2200
`Salt Lake City, UT 84101
`Tel: (801) 799-5800
`Fax: (801) 799-5700
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`Dated: January 8, 2016
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`/Reginald J. Hill/
`Reginald J. Hill, Reg. No. 39,225
`Lead Attorney For Petitioner