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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ZTE (USA) Inc., OLYMPUS CORPORATION
`AND OLYMPUS AMERICA, INC.
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`Petitioners,
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`v.
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`Papst Licensing GmbH & Co. KG
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`Patent Owner.
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`Case No. IPR2017-004431
`Patent No. 6,470,399 B1
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`JOINT REQUEST TO FILE SETTLEMENT AGREEMENT
`AS BUSINESS CONFIDENTIAL INFORMATION AND TO MAINTAIN
`SAID AGREEMENT SEPARATE FROM THE PUBLIC FILE PURSUANT
`TO 35 U.S.C. § 317(b) AND 37 C.F.R. § 42.74(c)
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`1 Case IPR2017-01682 has been joined with this proceeding.
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`IPR2017-00443
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) and the Board’s
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`authorization of December 22, 2017, Petitioners Olympus Corporation and
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`Olympus America, Inc. and Patent Owner Papst Licensing GmbH & Co. KG
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`jointly request to treat as business confidential information the true and complete
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`copy of the Settlement Agreement (Confidential Exhibit 2012) between the parties,
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`as referenced in the parties’ Joint Motion to Terminate with Respect to Olympus
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`Corporation and Olympus America, Inc.
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`35 U.S.C. § 317(b) provides that:
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`At the request of a party to the proceeding, the agreement or
`understanding shall be treated as business confidential information,
`shall be kept separate from the file of the involved patents, and shall
`be made available only to Federal Government agencies on written
`request, or to any person on a showing of good cause.
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`Likewise, 37 C.F.R. § 42.74(c) provides that:
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`A party to a settlement may request that the settlement be treated as
`business confidential information and be kept separate from the files
`of an involved patent or application. The request must be filed with
`the settlement. If a timely request is filed, the settlement shall only be
`available:
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`(1) To a Government agency on written request to the Board; or
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`IPR2017-00443
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`(2) To any other person upon written request to the Board to make the
`settlement agreement available, along with the fee specified in
`§ 42.15(d) and on a showing of good cause.
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`The present request, which is being filed contemparaneously with the
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`Settlement Agreement, is timely and in accordance with the foregoing authority.
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`Therefore, parties request that the Settlement Agreement (Confidential Exhibit
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`2012) (i) be treated as business confidential information, (ii) be maintained
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`separate from the publicly available file of the involved patent, and (iii) shall be
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`made available only to Federal Government agencies on written request, or to
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`persons showing good cause on written request, pursuant to 35 U.S.C. § 317(b) and
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`37 C.F.R. § 42.74(c).
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`Date: December 27, 2017
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`Respectfully submitted,
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`By /s/ Dion M. Bregman
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`Dion M. Bregman
`Registration No. 45,645
`MORGAN LEWIS & BOCKIUS, LLP
`1400 Page Mill Road
`Palo Alto, CA 94304
`(650) 843-7519
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`Attorneys for Petitioners Olympus
`Corporation and Olympus America, Inc.
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`IPR2017-00443
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`By /s/ Gregory S. Donahue
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`Gregory S. Donahue
`Registration No. 47,531
`DiNovo Price LLP
`7000 North MoPac Expressway
`Suite 350
`Austin, TX 78731
`(512) 539-2626
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`Anthony L. Meola
`Registration No. 44,936
`Schmeiser, Olsen & Watts, LLP
`2500 Westchester Avenue, Suite 210
`Purchase, NY 10577
`(914) 825-1039
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`Jason A. Murphy
`Registration No. 63,423
`Victor J. Baranowski
`Registration No. 64,998
`Arlen L. Olsen
`Registration No. 37,543
`Schmeiser, Olsen & Watts, LLP
`22 Century Hill Drive, Suite 302
`Latham, NY 12110
`(518) 220-1850
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`Attorneys for Patent Owner
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