`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`
`PRIME FOCUS CREATIVE SERVICES CANADA INC.,
`Petitioner,
`
`v.
`
`LEGEND3D, INC.
`Patent Owner.
`
`
`
`
`
`U.S. Patent No. 7,907,793
`___________________
`
`
`Inter Partes Review No.: IPR2016-01243
`
`
`___________________
`
`
`
`JOINT REQUEST TO TREAT AGREEMENT AS BUSINESS
`
`CONFIDENTIAL UNDER 35 U.S.C. § 317 (B) AND 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
`
`
`
`
`
`- 1 -
`
`
`
`
`
`IPR2016-01243
`
`
`
`On June 12, 2018, the Board, by email, authorized the parties to file a Joint
`
`Motion to Terminate and Joint Request to File Settlement Agreement as Business
`
`Confidential Information, within 15 days.
`
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner and
`
`Patent Owner, collectively the “Parties,” hereby jointly request that a true copy of
`
`the settlement agreement between the Parties, filed concurrently herewith as Exhibit
`
`1041, be treated as business confidential information and be kept separate from the
`
`file of IPR2016-01243. See also 35 U.S.C. 317(b). The parties also hereby jointly
`
`request that the settlement agreement be treated as business confidential information
`
`and be kept separate from the files of the involved patents. See 35 U.S.C. 317(b), 37
`
`C.F.R. § 42.74(c).
`
`Exhibit 1041 is being submitted in the PRPS system as “Parties and Board
`
`Only.” As the Parties consider the settlement agreement to be business confidential
`
`information that would substantially harm their business interests if publicly
`
`disclosed, the Parties jointly request that this settlement agreement shall only be
`
`available pursuant to the conditions of 35 U.S.C. 317(b) and 37 C.F.R. §
`
`42.74(c)(1)-(2). The parties further jointly request that the Board further order that
`
`in the event a person or entity makes a written request, as stated in 35 U.S.C. 317(b)
`
`and 37 C.F.R. § 42.74(c)(1)-(2), for access to the settlement agreement, that any
`
`such written request be served upon the parties on the day the written request is
`
`provided to the Board.
`
`
`
`
`
`
`Dated: June 14, 2018
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Daniel N. Yannuzzi/
`
`Daniel N. Yannuzzi, Reg. No. 36,727
`Sheppard Mullin LLP
`Attorneys for Petitioner
`Legend3D, Inc.
`
`- 2 -
`
`
`
`
`
`IPR2016-01243
`
`
`
`Dated: June 14, 2018
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Joshua Glucoft/
`
`Joshua Glucoft, Reg. No. 67,696
`Irell & Manella LLP
`Attorneys for Petitioner
`Prime Focus Creative Services Canada
`Inc.
`
`
`
`
`- 3 -
`
`
`
`
`
`IPR2016-01243
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6, the undersigned hereby certifies that on June
`
`14, 2018, a copy of the foregoing JOINT REQUEST TO TREAT
`
`AGREEMENT AS BUSINESS CONFIDENTIAL UNDER 35 U.S.C. § 317
`
`(B) AND 37 C.F.R. § 42.74(C) was served electronically on the following
`
`counsel via the email addresses listed below:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Lead Counsel
`
`Backup Counsel
`
`Joshua Glucoft (Reg. No. 67,696)
`Irell & Manella LLP
`1800 Avenue of the Stars,
`Suite 900
`Los Angeles, CA 90067-4276
`Tel: 310.203.7189
`Fax: 310.203.7199
`E-mail: JGlucoft@Irell.com
`PrimeFocusIPR@irell.com
`
`Michael Fleming, Esq. (Reg. No. 67,933)
`Irell & Manella LLP
`1800 Avenue of the Stars,
`Suite 900
`Los Angeles, CA 90067-4276
`Tel: 310.203.7915
`Fax: 310.556.5258
`E-mail: MFleming@Irell.com
`
`/Kristina Grauer/
`Kristina Grauer
`SHEPPARD MULLIN RICHTER &
`HAMPTON LLP
`12275 El Camino Real, Suite 200
`San Diego, CA 92130
`Tel.: (858) 720-8900
`Fax: (858) 509-3691
`
`- 4 -
`
`
`
`
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