`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`OLYMPUS CORPORATION, OLYMPUS CORPORATION OF THE
`AMERICAS, and OLYMPUS AMERICA INC.,
`Petitioners,
`
`v.
`
`MAXELL LTD.,
`Patent Owner.
`_______________
`
`Case: IPR2018-00904
`
`U.S. Patent No. 8,339,493
`_______________
`
`AUTHORIZED JOINT REQUEST TO FILE
`AGREEMENT AS BUSINESS CONFIDENTIAL
`INFORMATION PURSUANT TO 35 U.S.C. § 317(b)
`
`
`
`
`
`
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`December 18, 2018
`
`
`
`Patent No. 8,339,493
`Joint Request to File Agreement as Confidential
`
`
`Petitioners Olympus Corporation, Olympus Corporation of the Americas,
`
`and Olympus America Inc. (hereinafter “Petitioner”) and Patent Owner Maxell,
`
`Ltd. have entered into an agreement resolving all proceedings between them.1 In a
`
`conference call on November 30, 2018, the Board authorized the parties to file a
`
`motion to dismiss with prejudice and a joint request to file the agreement as
`
`business confidential information. As required by the Board, the parties are
`
`submitting a true copy of the agreement (as Exhibit 1018) and this joint request to
`
`file the agreement as business confidential information.
`
`RELIEF REQUESTED
`
`If requested, the rules permit the parties to have any filed settlement
`
`agreement treated as business confidential information and kept separate from the
`
`files of the involved patent. 37 C.F.R. § 42.74(c). Indeed, the statute requires it.
`
`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).
`
`
`1 Substantively identical motions are being filed in all pending proceedings
`between Olympus and Maxell: IPR2018-00904, IPR2018-00906, IPR2018-00908,
`IPR2018-00909, IPR2018-00910, and IPR2018-00911.
`
`
`
`Patent No. 8,339,493
`Joint Request to File Agreement as Confidential
`
`
`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 agreement submitted herewith
`
`as business confidential information, that the agreement be kept separate from the
`
`file of U.S. Patent No. 8,339,493, and that the agreement be made available only to
`
`the Federal Government agencies on written request or to other persons only on a
`
`showing of good cause.
`
`
`
`
`
`Patent No. 8,339,493
`Joint Request to File Agreement as Confidential
`
`Dated: December 18, 2018
`
`
`
`
`
`
`Respectfully submitted,
`
` /Matthew J. Moffa/
`Lead Counsel
`William J. McCabe, Reg. No. 33,536
`Back-Up Counsel
`Matthew J. Moffa, Reg. No. 58,860
`
`PERKINS COIE LLP
`30 Rockefeller Plaza, 22nd Floor
`New York, NY 10112
`(212) 262-6900 (phone)
`(212) 977-1649 (fax)
`
`Counsel for Petitioner
`
`
`
`
` /Robert G. Pluta/
`Robert G. Pluta (Reg. No. 50,970)
`Michael J. Word (Reg. No. 57,386)
`MAYER BROWN LLP
`71 S. Wacker Drive
`Chicago, IL 60606
`Telephone: (312) 701-8641
`Fax: (312) 706-8144
`rpluta@mayerbrown.com
`
`Jamie B. Beaber
`(pro hac vice admission to be sought)
`Saqib Siddiqui (Reg. No. 68,626)
`MAYER BROWN LLP
`1999 K Street NW
`Washington DC, 20006
`
`Counsel for Patent Owner Maxell, Ltd.
`
`
`
`
`
`
`
`
`
`Patent No. 8,339,493
`Joint Request to File Agreement as Confidential
`
`
`Certificate of Service (37 C.F.R. § 42.6(e)(4))
`
`I hereby certify that the attached AUTHORIZED JOINT REQUEST TO
`
`FILE AGREEMENT AS BUSINESS CONFIDENTIAL
`
`INFORMATION
`
`PURSUANT TO 35 U.S.C. § 317(b) was served as of the below date by electronic
`
`mail on the Patent Owner at the following correspondence addresses:
`
`Robert G. Pluta
`rpluta@mayerbrown.com
`Michael J. Word
`mword@mayerbrown.com
`Saqib J. Siddiqui
`ssiddiqui@mayerbrown.com
`Jamie B. Beaber
`jbeaber@mayerbrown.com
`
`
`
`
`
`
`Dated: December 18, 2018
`
`
`
`
`PERKINS COIE LLP
`30 Rockefeller Plaza, 22nd Floor
`New York, NY 10112
`(212) 262-6900 (phone)
`(212) 977-1649 (fax)
`
`
`
`
`
`
`
` /Matthew J. Moffa/
`Lead Counsel
`William J. McCabe, Reg. No. 33,536
`
`Back-Up Counsel
`Matthew J. Moffa, Reg. No. 58,860
`
`Counsel for Petitioner
`
`
`
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