`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`LG ELECTRONICS, INC.
`Petitioner
`
`v.
`
`ATI TECHNOLOGIES ULC
`Patent Owner
`____________
`
`Case No.: IPR2017-01225
`Patent 8,760,454
`____________
`
`JOINT REQUEST TO FILE SETTLEMENT AGREEMENT
`AS BUSINESS CONFIDENTIAL INFORMATION
`UNDER 35 U.S.C. § 317(b) and 37 C.F.R. § 42.72(c)
`
`
`
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner LG
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`Electronics, Inc. and Patent Owner, ATI Technologies ULC, jointly request to treat
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`as business confidential information, and to keep separate from the file of the
`
`involved patent,
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`the true and complete copy of the Settlement Agreement
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`(Confidential Exhibit 1012), between the parties as referenced in the Joint Motion
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`to Terminate Proceeding pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74,
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`filed concurrently herewith.
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`35 U.S.C. § 317(b) provides that:
`
`the agreement or
`the request of a party to the proceeding,
`At
`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.
`
`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:
`
`(1) To a Government agency on written request to the Board; or
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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 contemporaneously with the
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`Settlement Agreement, is timely and in accordance with the foregoing authority.
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`2
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`
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`Therefore, parties request that the Settlement Agreement (Confidential Exhibit
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`1012) (i) be treated as business confidential
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`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).
`
`Date: September 28, 2017
`
`Date: September 28, 2017
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`Respectfully submitted,
`
`/s/ Robert G. Pluta
`Robert G. Pluta, Reg. No 50,970
`Mayer Brown LLP
`
`/s/ Adam Rizk
`Adam Rizk, Reg. No. 66,867
`Mintz Levin Cohn Ferris Glovsky and
`Popeo, P.C.
`
`3
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`
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR § 42.6(e)(4), the undersigned certifies that on September
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`28, 2017, a complete and entire copy of this Joint Request to File Settlement
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`Agreement as Business Confidential Information Under 35 U.S.C. § 317 was
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`provided via email to the Patent Owner by serving the correspondence email
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`addresses of record as follows:
`
`William Meunier
`Michael Renaud
`Adam S. Rizk
`Mintz, Levin, Cohen, Ferris, Glovsky
`and Popeo, P.C.
`One Financial Center
`Boston, MA 02111
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`Email: wameunier@mintz.com
`Email: mtrenaud@mintz.com
`Email: arizk@mintz.com
`Email: AMD_IPRS@mintz.com
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`Dated: September 28, 2017
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`Respectfully submitted,
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`By: /s/ Darlene Riley
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