`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NOKIA CORP. AND NOKIA OF AMERICA CORP.,
`Petitioners
`
`v.
`
`PACKET INTELLIGENCE LLC,
`Patent Owner
`____________
`
`Case: IPR2019-01292
`U.S. Patent No. 6,771,646
`____________
`
`JOINT REQUEST TO FILE SETTLEMENT AGREEMENT AS
`CONFIDENTIAL BUSINESS INFORMATION PURSUANT TO
`35 U.S.C. § 317(b) AND 37 C.F.R. § 42.74(c)
`
`Mail Stop “PATENT BOARD” Patent
`Trial and Appeal Board U.S. Patent and
`Trademark Office P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`On September 19, 2019, Petitioners Nokia Corp. and Nokia of America Corp.
`
`(collectively, “Nokia” or “Petitioners”) and Patent Owner Packet Intelligence LLC
`
`(“PI” or “Patent Owner”) settled their dispute with respect to U.S. Patent No.
`
`6,771,646 (the “Challenged Patent”), which is subject to the above-captioned inter
`
`partes review proceeding. The Litigation Settlement Agreement between the parties
`
`fully resolves all disputes relating to the Challenged Patent before the district court,
`
`court of appeals, and the PTAB. See EX1069. Pursuant to 37 C.F.R. § 42.74(b), any
`
`agreement or understanding between the parties made in connection with, or in
`
`contemplation of, the termination of a proceeding shall be in writing and a true copy
`
`shall be filed with the Board before the termination of the trial. Accordingly, the
`
`parties have filed the Litigation Settlement Agreement herewith as EX1069.
`
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), the parties hereby
`
`jointly request that EX1069 be treated as confidential business information, kept
`
`separate from the files of the involved patent, and made available only to Federal
`
`Government agencies on written request, or to any person on a showing of good
`
`cause.
`
`The terms require the parties to treat the Litigation Settlement Agreement as
`
`confidential information and limit the parties’ ability to share the settlement
`
`agreement or disclose its contents with third parties. See EX1069, at 10-11.
`
`Moreover, the Litigation Settlement Agreement does not contain any information
`
`1
`
`
`
`material to patentability. As such, the parties respectfully request that the Board treat
`
`EX1069 as confidential business information pursuant to 35 U.S.C. § 317(b) and 37
`
`C.F.R. § 42.74(c).
`
`Dated: September 25, 2019
`
`Dated: September 25, 2019
`
`/Thomas W. Davison/
`Thomas W. Davison
`Registration No. 57,160
`Lead Counsel for Petitioners
`
`/Michael Heim/
`Michael Heim
`Registration No. 32,702
`Lead Counsel for Patent Owner
`
`2
`
`
`
`CERTIFICATION OF SERVICE (37 C.F.R. §§ 42.6(e))
`
`The undersigned hereby certifies
`
`that
`
`the above-captioned “JOINT
`
`REQUEST TO FILE SETTLEMENT AGREEMENT AS CONFIDENTIAL
`
`BUSINESS INFORMATION” was served in its entirety on September 25, 2019,
`
`pursuant to agreement via email to counsel for Patent Owner at:
`
`mheim@hpcllp.com
`abullwinkel@hpcllp.com
`
`/Thomas W. Davison/
`Thomas W. Davison
`Registration No. 57,160
`Lead Counsel for Petitioners
`
`3
`
`