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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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`SONY CORPORATION and POLYCOM, INC.
`Petitioners,
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`v.
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`REALTIME ADAPTIVE STREAMING LLC
`Patent Owner.
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`Case IPR2018-01299
`Case IPR2018-01413
`Case IPR2018-01439
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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 9,762,907
`Patent 9,769,477
`Patent 8,929,442
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`Patent Owner Realtime Adaptive Streaming LLC and Petitioner Polycom, Inc.
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`have reached a settlement. The settlement agreement resolves the disputes in the
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`above-captioned inter partes reviews relating to U.S. Patent Nos. 9,762,907;
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`9,769,477; and 8,929,442 (“Patents-in-Suit”). Realtime and Polycom jointly
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`request that the Board treat the settlement agreement as business confidential
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`information and keep it separate from the files of these proceedings and the files of
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`the Patents-in-Suit. Realtime and Polycom were authorized to file this Joint Motion
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`by the Board (via email) on November 7, 2018.
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`I.
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`Statement of Precise Relief Requested
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`Realtime and Polycom 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 Patents-in-Suit. Realtime and Polycom
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`request that the settlement agreement “be made available only to Federal
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`Government agencies on written request, or to any person on a showing of good
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`cause” in 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 Polycom 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 or disclose its contents with third parties. Realtime and
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`Polycom have filed a copy of the settlement agreement with the Board, as required
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`2
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`by 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74. The confidential settlement
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`agreement was filed in the PTAB E2E system to provide availability only to the
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`Board.
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`Date: November 7, 2018
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`3
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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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` /Eric A. Buresh/
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`Eric A. Buresh (Reg. No. 50,394)
`Erise IP, P.A.
`7015 College Blvd., Suite 700
`Overland Park, KS 66211
`Phone: (913) 777-5600
`Eric.buresh@eriseip.com
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`Counsel for Petitioner Polycom, Inc.
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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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`November 7, 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 Petitioners:
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`Eric A. Buresh, eric.buresh@eriseip.com
`Abran J. Kean, abran.kean@eriseip.com
`Jennifer C. Bailey, jennifer.bailey@eriseip.com
`Chris R. Schmidt, chris.schmodt@eriseip.com
`ptab@eriseip.com
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`Date: November 7, 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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`4
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