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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`GENERAL ELECTRIC CO.,
`Petitioner,
`v.
`GROUPCHATTER, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00313
`Patent 8,199,740
`
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`JOINT REQUEST TO MAINTAIN CONFIDENTIALITY
`AND TO KEEP SEPARATE
`PURSUANT TO 35 U.S.C. § 317(b) AND 37 C.F.R. § 42.74(c)
`
`
`
`i
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`Exhibit No.
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`1001
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`1002
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`1003
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`1004
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`1005
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`1006
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`1007
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`1008
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`1009
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`1010
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`1011
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`1012
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`1013
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`1014
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`EXHIBIT LIST
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`Description
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`U.S. Patent No. 7,969,959 to Dabbs, III et al. (“the ’959 Patent”
`
`U.S. Patent No. 8,199,740 to Dabbs, III et al. (“the ’740
`Patent”)
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`U.S. Patent No. 9,014,659 to Dabbs, III et al. (“the ’659
`Patent”)
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`U.S. Patent No. 8,588,207 to Dabbs, III et al. (“the ’207
`Patent”)
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`U.S. Patent No. 5,748,100 to Gutman et al. (“Gutman”)
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`U.S. Patent No. 5,918,158 to LaPorta et al. (“LaPorta”)
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`U.S. Patent No. 7,409,428 to Brabec et al. (“Brabec”)
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`U.S. Patent No. 5,644,568 to Ayerst et al. (“Ayerst”)
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`Declaration of Bruce Deer
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`Curriculum Vitae of Bruce Deer
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`Patent Owner’s November 11, 2015 Complaint against
`Petitioner
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`November 23, 2015 Service of Summons and Complaint
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`Patent Owner’s August 12, 2016 First Amended Complaint
`against Petitioner
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`U.S. Provisional App. No. 60/636,094 (“the ’094 Application”)
`
`ii
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`1015
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`1016
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`1017
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`1018
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`1019
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`Patent Owner’s July 20, 2016 Infringement Contentions against
`Petitioner in the GE Litigation
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`Motorola Wireless Application Development Document
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`ReFLEX Wireless Data Technology by USA Mobility
`(“ReFLEX Paper”)
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`Patent Owner’s L.P.R. 6.2 Preliminary Claim Constructions in
`the GE Litigation
`
`GE – GroupChatter Confidential Settlement and License
`Agreement (Parties and Board Only)
`
`
`
`iii
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`I.
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`INTRODUCTION
`
`Petitioner GENERAL ELECTRIC CO. (“GE”) and Patent Owner
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`GROUPCHATTER, LLC (“GROUPCHATTER”) have settled the underlying
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`dispute and entered into a Settlement Agreement. The Settlement Agreement has
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`been made in writing, and a true and correct copy is being filed as Exhibit 1019,
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`pursuant to 35 U.S.C. § 317(b). Pursuant to 35 U.S.C. § 317(b), the parties jointly
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`request that the Board treat the Settlement and Release Agreement in its entirety as
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`business confidential information and keep it separate from the file of the involved
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`patent.
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`II. STATEMENT OF PRECISE RELIEF REQUESTED
`The parties jointly request that the Board treat the Settlement Agreement
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`(Exhibit 1019) as business confidential information and keep it separate from the
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`file of the involved patent. The parties further request the Board to not make the
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`Settlement Agreement available to any third-party, except as provided for in 35
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`U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
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`III. STATEMENT OF REASONS FOR THE RELIEF REQUESTED
`The parties have executed a Settlement Agreement resolving their dispute
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`relating to U.S. Patent No. 8,199,740. The Settlement Agreement provides that its
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`1
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`contents are confidential and the parties have treated them as such. The parties
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`have filed, concurrently herewith, true and correct copies of the Settlement
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`Agreement (Exhibit 1019) with the Board, as required by 35 U.S.C. § 317(b) and
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`37 C.F.R. § 42.74(c). This Exhibit was filed via the PTAB E2E System to provide
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`availability to “Parties and Board Only.” The parties jointly request that the
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`Settlement Agreement be treated as business confidential information and be kept
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`separate from the file of the involved patent, pursuant to 35 U.S.C. § 317(b) and 37
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`C.F.R. § 42.74(c).
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`/Tarek N. Fahmi/
`
`
`
`Tarek N. Fahmi (Reg. No. 41,402)
`ASCENDA LAW GROUP, PC
`333 W. Santa Clara St., Suite 200
`San Jose, CA 95110
`
`Attorney for Patent Owner
`GROUPCHATTER LLC.
`
`Respectfully submitted,
`
`/David Pollock/
`
`
`David Pollock (Reg. No. 48,977)
`Jonathan Detrixhe (Reg. No. 68,556)
`REED SMITH, LLP
`101 Second Street, Suite 1800
`San Francisco, CA 94105
`
`Attorneys for Petitioner
`GENERAL ELECTRIC CO.
`
`
`
`Date: March 3, 2017
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`2
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