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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ASUSTEK COMPUTER, INC. and ASUS COMPUTER INTERNATIONAL,
`Petitioners
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`v.
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`AVAGO TECHNOLOGIES GENERAL IP (SINGAPORE) PTE. LTD.,
`Patent Owner.
`
`
`Case No. IPR2016-00646
`U.S. Patent No. 5,870,087
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`
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`JOINT REQUEST TO FILE SETTLEMENT AGREEMENT AS
`BUSINESS CONFIDENTIAL INFORMATION PURSUANT TO
`35 U.S.C. § 317(b) AND 37 C.F.R. § 42.74(c)
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`On May 12, 2017, Patent Owner Avago Technologies General IP
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`(Singapore) Pte. Ltd. (“Patent Owner”) and Petitioners ASUSTeK Computer, Inc.
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`and ASUS Computer International (“Petitioners”) settled their dispute with respect
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`to U.S. Patent No. 5,870,087 (“the 087 Patent”), which is subject to the above-
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`captioned Inter Partes Review proceeding. The Settlement and Patent License
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`Agreement between the parties fully resolves all disputes relating to the 087 Patent,
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`before the district court, court of appeals, and the PTAB. See Exhibit 2007.
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`Pursuant to 37 C.F.R. § 42.74(b), any agreement or understanding between the
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`parties made in connection with, or in contemplation of, the termination of a
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`proceeding shall be in writing and a true copy shall be filed with the Board before
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`the termination of the trial. Accordingly, the parties have filed the Confidential
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`Settlement Agreement herewith as Exhibit 2007.
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), the parties hereby
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`jointly request that the parties’ Settlement and Patent License Agreement is treated
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`as business confidential information, kept separate from the files of the involved
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`patent, and made available only to Federal Government agencies on written
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`request, or to any person on a showing of good cause. The Board authorized the
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`parties to file this Joint Request on May 15, 2017 via telephone.
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`The terms of the parties’ Settlement and Patent License Agreement require
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`the parties to treat the settlement agreement as confidential information and limit
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`1
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`the parties’ ability to share the settlement agreement or disclose its contents with
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`third parties. See Exhibit 2007 at § 8.05. Moreover, the Settlement and Patent
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`License Agreement does not contain any information material to patentability. As
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`such, the parties respectfully request that the Board treat the Confidential
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`Settlement Agreement as confidential business information pursuant to 35 U.S.C. §
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`317(b) and 37 C.F.R. § 42.74(c).
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`Date: May 16, 2017
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`Date: May 16, 2017
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`Respectfully submitted,
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`By: s/ Christopher TL Douglas
`Christopher TL Douglas
`Registration No. 56950
`Lead Counsel for Petitioner
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`By: s/ Kristopher L. Reed
`Kristopher L. Reed
`Registration No. 58694
`Lead Counsel for Patent Owner
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`2
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of this JOINT
`REQUEST TO FILE SETTLEMENT AGREEMENT AS BUSINESS
`CONFIDENTIAL INFORMATION PURSUANT TO 35 U.S.C. § 317(b)
`AND 37 C.F.R. § 2.74(c) has been served May 16, 2017 via electronic
`service:
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`Christopher TL Douglas
`Alston & Bird LLP
`101 South Tryon Street, Suite 4000
`Charlotte, NC 28280
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`christopher.douglas@alston.com
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`Michael J. Newton
`Derek Neilson
`Alston & Bird LLP
`2828 North Harwood Street
`18th Floor
`Dallas, TX 75201-2139
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`mike.newton@alston.com
`derek.neilson@alston.com
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`
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`s/ Kristopher L. Reed
`Kristopher L. Reed
`Registration No. 58694
`Kilpatrick Townsend & Stockton LLP
`1400 Wewatta Street, Suite 600
`Denver, Colorado 80202
`Telephone: 303-571-4000
`Fax: 303-571-4321
`Email: kreed@kilpatricktownsend.com
`Counsel for Patent Owner
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`3
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`Dated: May 16, 2017
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`69360677V.1
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