`Filed: August 13, 2020
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`SAMSUNG ELECTRONICS CO., LTD. AND
`SAMSUNG ELECTRONICS AMERICA, INC.
`PETITIONER,
`V.
`IMAGE PROCESSING TECHNOLOGIES LLC
`PATENT OWNER.
`_____________
`CASE IPR2017-01218
`PATENT 8,983,134
`______________
`BEFORE JONI Y. CHANG, MIRIAM L. QUINN, AND SHEILA F. MCSHANE,
`ADMINISTRATIVE PATENT JUDGES.
`
`
`JOINT REQUEST TO FILE SETTLEMENT
`AGREEMENT AS BUSINESS CONFIDENTIAL
`INFORMATION PURSUANT TO 35 U.S.C. § 317(b)
`
`
`
`
`
`
`I.
`
`INTRODUCTION
`Petitioner Samsung Electronics Co., Ltd. and Samsung Electronics America,
`
`Inc., and Patent Owner Image Processing Technologies LLC previously filed a
`
`Joint Motion to Terminate which included a copy of a fully executed settlement
`
`agreement (Exhibit 1024) between the parties resolving all underlying disputes,
`
`including this proceeding. In an email dated August 6, 2020, the Board authorized
`
`the parties to file a joint request pursuant to 37 C.F.R. § 42.74(c) to treat the
`
`settlement agreement as business confidential information and to file the settlement
`
`agreement as “Parties and Board Only.”
`
`II. RELIEF REQUESTED
`37 C.F.R. § 42.74(c) permits the parties to have any filed settlement
`
`agreement treated as business confidential information and kept separate from the
`
`files of the involved patent. This is further authorized by statute:
`
`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.
`35 U.S.C. § 317(b).
`
`Pursuant to 37 C.F.R. § 42.74(c) and 35 U.S.C. § 317(b), Petitioner and
`
`Patent Owner jointly request that the Office treat the settlement agreement (Exhibit
`
`1024) as business confidential information, that the writing be kept separate from
`
`the file of the involved patent, and that the writing be made available only to
`
`
`
`Federal Government agencies on written request or to other persons only on a
`
`showing of good cause.
`
`
`
`
`
`Dated: August 13, 2020
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By: /s/ Nicholas J. Whilt
` Nicholas J. Whilt
` Reg. No. 72,081
`
`Counsel for Petitioner Samsung
`Electronics Co., Ltd. and Samsung
`Electronics America, Inc.
`
`By: /s/ Lauren N. Robinson
` Lauren N. Robinson
` Reg. No. 74,404
`
`Counsel for Patent Owner Image
`Processing Technologies LLC
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies pursuant to 37 C.F.R. §42.6(e) and §42.105 that on August 13,
`
`2020, a true and correct copy of the Joint Request to File Settlement Agreement as Business
`
`Confidential Information Pursuant to 35 U.S.C. § 317(b) was served via electronic mail
`
`upon the following counsel of record for Patent Owner:
`
`LEAD COUNSEL
`
`Lauren N. Robinson
`Registration No. 74,404
`Bunsow De Mory LLP
`701 El Camino Real
`Redwood City, CA 94063
`Telephone: 650-351-7248
`Facsimile: 415-426-4744
`lrobinson@bdiplaw.com
`
`
`BACK-UP COUNSEL
`
`Michael Zachary (pro hac vice)
`Bunsow De Mory LLP
`701 El Camino Real
`Redwood City, CA 94063
`Telephone: 650-351-7248
`Facsimile: 415-426-4744
`mzachary@bdiplaw.com
`
`Respectfully submitted,
`.
`/s/ Nicholas J. Whilt
`Nicholas J. Whilt (Reg. No. 72,081)
`Email: nwhilt@omm.com
`O’Melveny & Myers LLP
`400 South Hope Street, 18th Floor
`Los Angeles, CA 90071
`Telephone: (213) 430-6000
`Facsimile: (213) 430-6407
`
`
`Attorney for Petitioner
`
`
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