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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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`HULU, LLC, AMAZON.COM, INC., and NETFLIX, INC.
`Petitioners,
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`v.
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`REALTIME ADAPTIVE STREAMING LLC
`Patent Owner.
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`Case IPR2018-01169
`Case IPR2018-01170
`Case IPR2018-01187
`Case IPR2018-01189
`Case IPR2018-01227
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`JOINT REQUEST TO KEEP SEPARATE PURSUANT TO 35 U.S.C.
`§ 317(b) AND 37 C.F.R. § 42.74(c)
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`Patent 8,934,535
`Patent 8,934,535
`Patent 9,769,477
`Patent RE46,777
`Patent 9,578,298
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`Patent Owner Realtime Adaptive Streaming LLC and Petitioner Amazon.com,
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`Inc. have reached a settlement. The settlement agreement resolves the disputes in
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`the above-captioned inter partes reviews relating to U.S. Patent Nos. 8,934,535;
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`9,769,477; RE46,777; and 9,578,298 (“Patents-in-suit”). Realtime and Amazon
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`jointly request that the Board treat the settlement agreement as business
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`confidential information and keep it separate from the files of these proceedings
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`and the files of the Patents-in-suit. Realtime and Amazon were authorized to file
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`this Joint Motion by the Board (via email) on October 1, 2018.
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`I.
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`Statement of Precise Relief Requested
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`Realtime and Amazon jointly request that the Board treat the settlement
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`agreement as business confidential information and keep it separate from the files
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`of these proceedings and the files of the ’535 Patent. Realtime and Amazon request
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`that the settlement agreement “be made available only to Federal Government
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`agencies on written request, or to any person on a showing of good cause” in
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`accordance with 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74.
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`II. Reasons Why Relief Is Appropriate
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`The terms of the settlement agreement require Realtime and Amazon to treat
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`the settlement agreement as confidential information and limit their ability to share
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`the settlement agreement publicly or disclose its contents with third parties.
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`Realtime and Amazon have filed a copy of the settlement agreement with the
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`2
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`Board, as required by 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74. The confidential
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`settlement agreement was filed in the PTAB E2E system to provide availability
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`only to the Board.
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`Date: October 3, 2018
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`Respectfully submitted,
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` /Kent N. Shum/
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`Kent N. Shum (Reg. No. 61,117)
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`kshum@raklaw.com
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`Counsel for Patent Owner Realtime
`Adaptive Streaming LLC
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` /Harper Batts/
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`Harper Batts (Reg. No. 56,160)
`Sheppard Mullin Richter & Hampton
`LLP
`379 Lytton Avenue
`Palo Alto, CA 94301-1479
`650-815-2600
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`Jennifer L. Nall
`Baker Botts, LLP
`98 San Jacinto Boulevard
`Suite 1500
`Austin, TX 78701
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`3
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`512-332-2507
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`512-332-2507
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`Counsel for Petitioner Amazon.com,
`Counselfor Petitioner Amazon.com,
`Inc.
`Inc.
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`4
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`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e)(1))
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`The undersigned hereby certifies that the above document was served on
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`October 3, 2018, by filing this document through the Patent Trial and Appeal
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`Board End to End system as well as delivering a copy via electronic mail upon the
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`following attorneys of record for the Petitioner:
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`Harper Batts, hbatts@sheppardmullin.com
`Eliot Williams, eliot.williams@bakerbotts.com
`Jennifer Nall, jennifer.nall@bakerbotts.com
`dlrealtimeiprservice@bakerbotts.com
`dl-realtime-ipr-service@bakerbotts.com
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`Date: October 3, 2018
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` /Kent N. Shum/
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`Kent N. Shum (Reg. No. 61,117)
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
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`Counsel for Patent Owner Realtime
`Adaptive Streaming LLC
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`5
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