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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`NETAPP, INC. and RACKSPACE US, INC.,
`Petitioner,
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`v.
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`REALTIME DATA LLC,
`Patent Owner.
`____________________
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`Case IPR2017-01660
`Patent No. 7,161,506
`____________________
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`JOINT MOTION TO TERMINATE PROCEEDING
`PURSUANT TO 35 U.S.C. § 317 AND 37 C.F.R. § 42.74
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`Pursuant to 35 U.S.C. § 317 and 37 C.F.R. § 42.74, Petitioner Rackspace
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`Case No. IPR2017-01660
`MOTION TO TERMINATE
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`US, Inc. and Patent Owner Realtime Data LLC (“the Parties”) jointly request that
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`this proceeding be terminated with respect to Rackspace. Petitioner NetApp Inc.
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`consents to and does not oppose termination of Rackspace from this proceeding.
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`This motion was authorized by e-mail from the Board on July 31, 2017.
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`I.
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`Termination is Appropriate
`Patent Owner and Rackspace have reached a settlement of their disputes
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`concerning the subject patent. Accordingly, the Parties jointly request termination
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`of these proceedings with respect to Rackspace. Because there is a remaining
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`Petitioner party, this proceeding will continue without Rackspace. As a result,
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`terminating the proceeding as to Rackspace will not change the Board’s ability to
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`review the subject patent.
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`Pursuant to 37 C.F.R. § 42.74, a copy of the settlement agreement (Ex.
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`2002) between Realtime and Rackspace, and a request that the settlement
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`agreement be treated as business confidential information, are filed concurrently
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`with this motion.1
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`1 The settlement agreement has been filed electronically via E2E for “Board
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`Only” to preserve confidentiality from the other parties.
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`- 1 -
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`In addition, the status of the related district court litigations and IPRs for the
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`Case No. IPR2017-01660
`MOTION TO TERMINATE
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`
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`patents at issue in the litigations are summarized below.
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`II. The Parties Have Resolved All Related Cases Involving Rackspace
`The Parties have resolved the disputes related to the 7 inter partes review
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`proceedings in which they are currently involved:
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`Case Number
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`Petitioners
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`Patent Owner U.S. Patent Number
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`IPR2017-01354 NetApp and Rackspace Realtime
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`9,054,728
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`IPR2017-01627 Rackspace
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`IPR2017-01629 Rackspace
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`Realtime
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`Realtime
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`7,415,530
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`9,116,908
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`IPR2017-01660 NetApp and Rackspace Realtime
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`7,161,506
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`IPR2017-01663 NetApp and Rackspace Realtime
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`7,378,992
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`IPR2017-01664 NetApp and Rackspace Realtime
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`8,643,513
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`IPR2017-01691 Rackspace
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`Realtime
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`7,358,867
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`The Parties will file motions to end proceedings before institution decision
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`or terminate Rackspace as a party to the petition as appropriate in each of those
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`proceedings.
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`The Parties have also resolved the issues in the pending district court suit
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`between Realtime and Rackspace, Realtime Data LLC v. Rackspace Us, Inc. et al,
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`E.D. Tex., 6:16-CV-961 (concerning U.S. Patent Nos. 7,161,506; 7,358,867;
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`- 2 -
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`7,378,992; 7,415,530; 8,643,513; 9,054,728; and 9,116,908). The Parties have
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`Case No. IPR2017-01660
`MOTION TO TERMINATE
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`filed, and the District Court has granted, dismissal of Rackspace. See id. at Dkt.
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`No. 215 (Aug. 1, 2017) (granting partial dismissal of Rackspace).2
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`III. Other Related Proceedings
`The Parties provide the following list of other related AIA trial and litigation
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`proceedings not involving Rackspace, including an identification of the parties
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`involved and the current status of those proceedings.
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`Inter Partes Review
`A.
`The ’506 patent is also undergoing inter partes review in:
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`• IPR2017-00176. The petitioners in this proceeding are Dell Inc.;
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`EMC Corp.; Hewlett-Packard Enterprise Co.; HP Enterprise Services,
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`LLC. The Board instituted review on May 30, 2017.
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`• IPR2017-00806. The petitioner in this proceeding is Teradata
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`Operations, Inc. Patent Owner filed its preliminary response on May
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`22, 2017.
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`2 This case includes other defendants, and it will proceed as to those
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`defendants.
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`- 3 -
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`Case No. IPR2017-01660
`MOTION TO TERMINATE
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`• IPR2017-01688. The petitioner in this proceeding is Veritas
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`Technologies, Inc. The Board has not yet issued an institution
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`decision.
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`B. District Court Litigation
`The Parties provide the following status and party information regarding the
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`district court cases where Patent Owner is currently asserting the ’506 Patent:
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`• Realtime Data LLC v. Hewlett Packard Enter. Co. et al, E.D. Tex.,
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`Case No. 6:16-CV-00086. The remaining parties in this case are
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`Hewlett Packard Enterprise, Co. and HP Enterprise Services, LLC.
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`The Court has stayed proceedings pending resolution of inter partes
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`review. See Dkt. No. 89.
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`• Realtime Data LLC v. Savvis Commc’ns Corp. et al, E.D. Tex., Case
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`No. 6:16-CV-00087. The remaining parties in this case are Savvis
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`Communications Corp. and Veritas Technologies LLC. The Court has
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`stayed proceedings pending resolution of inter partes review. See Dkt.
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`No. 106.
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`• Realtime Data LLC v. Dell Inc. et al, E.D. Tex., Case No. 6:16-CV-
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`00089. The remaining parties in this case are Dell, Inc. and EMC
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`Corp. The Court has stayed proceedings pending resolution of inter
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`- 4 -
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`Case No. IPR2017-01660
`MOTION TO TERMINATE
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`partes review. See Dkt. No. 113 (granting stay as to Dell) and Dkt.
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`No. 117 (granting stay as to EMC).
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`• Realtime Data LLC v. Teradata Operations., Inc., C.D. Cal., Case
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`No. 2:16-CV-02743. The remaining party in this case is Teradata
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`Operations, Inc. The Court has stayed proceedings pending resolution
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`of inter partes review. See Dkt. No. 53.
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`• Realtime Data LLC v. Fujitsu America, Inc. et al, N.D. Cal., Case
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`No. 3:17-cv-02109. The parties remaining in this case are Fujitsu
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`America, Inc. and Quantum Corp. The Court has stayed proceedings
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`pending resolution of inter partes review. See Dkt. No. 63.
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`• Realtime Data LLC v. Silver Peak Sys., Inc, N.D. Cal., Case No.
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`4:17-CV-02373. The party remaining in this case is Silver Peak
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`Systems, Inc. The Court has stayed proceedings pending resolution of
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`inter partes review. See Dkt. No. 101.
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`CONCLUSION
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`For the foregoing reasons, Petitioner and Patent Owner jointly request that
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`the Board terminate this proceeding in its entirety.
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`Case No. IPR2017-01660
`MOTION TO TERMINATE
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`Respectfully submitted,
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`/s/ William P. Rothwell
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`William P. Rothwell, Reg. No. 72,522
`NOROOZI PC
`2245 Texas Drive, Suite 300
`Sugar Land, TX 77479
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`Kayvan B. Noroozi, Pro Hac Vice Pending
`NOROOZI PC
`1299 Ocean Ave., Suite 450
`Santa Monica, CA 90401
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`Counsel for Patent Owner
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` / David L. McCombs/
`David McCombs
`Counsel for Petitioner Rackspace US, Inc.
`Registration No. 32,271
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`Diek O. Van Nort, Reg. No. 60,777
`MORRISON & FOERSTER LLP
`370 Seventeenth Street, Suite 4200
`Denver, CO 80202
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`Jonathan Bockman, Reg. No. 45,640
`MORRISON & FOERSTER LLP
`1650 Tysons Boulevard
`McLean, VA 22102
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`David L. McCombs, Reg. No. 32,271
`HAYNES AND BOONE, LLP
`2323 Victory Ave. Suite 700
`Dallas, TX 75219
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`Kyle Howard, Reg. No. 67,568
`HAYNES AND BOONE, LLP
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`- 6 -
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`Case No. IPR2017-01660
`MOTION TO TERMINATE
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`2323 Victory Ave. Suite 700
`Dallas, TX 75219
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`Greg Webb, Reg. No. 59,859
`HAYNES AND BOONE, LLP
`2323 Victory Ave. Suite 700
`Dallas, TX 75219
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`Counsel for Petitioner
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`Date: August 7, 2017
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`Case No. IPR2017-01660
`MOTION TO TERMINATE
`CERTIFICATION OF SERVICE
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`The undersigned hereby certifies that the foregoing JOINT MOTION TO
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`TERMINATE PROCEEDING PURSUANT TO 35 U.S.C. § 317 AND 37
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`C.F.R. § 42.74 was served electronically via e-mail on August 7, 2017, on the
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`following counsel of record for Petitioner:
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`Diek O. Van Nort (Lead Counsel)
`Jonathan Bockman (Back-up Counsel)
`Kyle Howard (Back-up Counsel)
`David McCombs (Back-up Counsel)
`Greg Webb (Back-up Counsel)
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`
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`kyle.howard.ipr@haynesboone.com
`david.mccombs.ipr@haynesboone.com
`greg.webb.ipr@haynesboone.com
`35667-506-IPR@mofo.com
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`Respectfully submitted,
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`/s/ William P. Rothwell
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`William P. Rothwell, Reg. No. 72,522
`NOROOZI PC
`2245 Texas Drive, Suite 300
`Sugar Land, TX 77479
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`Counsel for Patent Owner
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`Date: August 7, 2017
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