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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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`NICHIA CORPORATION AND EVERLIGHT ELECTRONICS CO., LTD.,
`Petitioners,
`v.
`DOCUMENT SECURITY SYSTEMS, INC.,
`Patent Owner.
`
`
`Case IPR2018-009651
`Patent 7,919,787 B2
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`JOINT REQUEST TO FILE SETTLEMENT AGREEMENT AS BUSINESS
`CONFIDENTIAL INFORMATION PURSUANT TO 35 U.S.C. § 317(b)
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`1 Everlight Electronics Co., Ltd., who filed a Petition in IPR2018-01260, has been
`joined as a petitioner in this proceeding.
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`
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`Joint Motion to File Settlement Agreement
`As Business Confidential Information
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`
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`IPR2018-00965
`Patent 7,919,787 B2
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`Authorization for this request and the accompanying motion to terminate was
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`given by the Board via email sent to the parties on April 24, 2019. Pursuant to 35
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`U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Patent Owner Document Security
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`Systems, Inc. (“Patent Owner”) and Petitioner Everlight Electronics Co., Ltd.
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`(“Petitioner Everlight”) jointly request that the Settlement Agreement between
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`Patent Owner and Petitioner Everlight be treated as business confidential
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`information, as the terms of the Settlement Agreement require the parties to treat the
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`Settlement Agreement as confidential information and limit the parties’ ability to
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`share the Settlement Agreement or disclose its contents with third parties. A true
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`and correct copy of the Settlement Agreement is being filed concurrently herewith
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`as confidential Exhibit 2205, with access by the “Board Only.”
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`It is respectfully requested that the Settlement Agreement (confidential
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`Exhibit 2205) (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) be made
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`available only to Federal Government agencies on written request served on Patent
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`Owner and Petitioner Everlight, or to persons showing good cause on written request
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`served on Patent Owner and Petitioner Everlight, pursuant to 35 U.S.C. § 317(b) and
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`37 C.F.R. § 42.74(c).
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`2
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`Joint Motion to File Settlement Agreement
`As Business Confidential Information
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`Dated: April 25, 2019
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`
`/s/ Wayne M. Helge
`Wayne M. Helge (Reg. No. 56,905)
`
`Davidson Berquist Jackson &
`Gowdey, LLP
`8300 Greensboro Dr., Ste 500
`McLean, VA 22102
`Tel: (571)765-7700
`whelge@dbjg.com
`
`Attorneys for Patent Owner
`
`IPR2018-00965
`Patent 7,919,787 B2
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`
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`Respectfully submitted,
`
`/s/ John F. Rabena
`John F. Rabena Reg. #38,584
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`Sughrue Mion, PLLC
`2100 Pennsylvania Ave., N.W. Suite 800
`Washington, DC 20037
`Telephone: (202) 293-7060
`Facsimile: (202) 293-7860
`jrabena@sughrue.com
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`Attorney for Petitioner Everlight
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`3
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`Joint Motion to File Settlement Agreement
`As Business Confidential Information
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`
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`IPR2018-00965
`Patent 7,919,787 B2
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`CERTIFICATE OF SERVICE
`The undersigned hereby certifies service on the parties pursuant to 37 C.F.R.
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`§ 42.6(e) and agreement of counsel, by electronic (e-mail) delivery of a true copy
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`of the foregoing JOINT REQUEST TO FILE SETTLEMENT AGREEMENT AS
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`BUSINESS CONFIDENTIAL INFORMATION PURSUANT TO 35 U.S.C. §
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`317(b). The Confidential Exhibit 2205 is being provided to the Board only.
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`Dated: April 25, 2019
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`
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`By: /s/ Wayne M. Helge
` Wayne M. Helge (Reg. No. 56,905)
` Attorney for Patent Owner
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