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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`___________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`___________________
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`DISH NETWORK L.L.C., AT&T SERVICES, INC.,
`and DIRECTV, LLC,1
`Petitioner
`
`v.
`
`BROADBAND iTV, INC.,
`Patent Owner
`___________________
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026 B2
`___________________
`
`JOINT REQUEST TO FILE SETTLEMENT 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
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`1 AT&T Services, Inc. and DIRECTV, LLC filed a motion for joinder and a
`petition in Case IPR2021-00556, which were granted, and, therefore, have been
`joined as petitioners in this proceeding.
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`
`
`
`
`
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner DISH
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`Network L.L.C. (“DISH”) and Patent Owner Broadband iTV, Inc. (“BBiTV”)
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`hereby jointly request that a true copy of their settlement agreement, filed
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`concurrently herewith as Exhibit 2200, be treated as business confidential
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`information and be kept separate from the file of this inter partes review (IPR)
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`proceeding. Concurrently with the filing of this Request, the parties are filing a
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`Joint Motion to Terminate this IPR with respect to DISH Network L.L.C. due to
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`the settlement agreement between DISH and BBiTV. The Board authorized DISH
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`and BBiTV to file this joint request in an email of November 30, 2021.
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`DISH and BBiTV consider the settlement agreement to contain highly
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`sensitive business confidential information that would substantially harm their
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`business interests if publicly disclosed. As such, DISH and BBiTV hereby jointly
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`request that the settlement agreement be kept as a separate paper to be made
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`available only under the provisions of 35 U.S.C § 317(b) and 37 C.F.R. § 42.74(c).
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`The settlement agreement has been filed for access by the “Board and Filing Party
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`Only.” DISH and BBiTV further jointly request that the Board order that in the
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`event a person or entity makes a written request for access to the settlement
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`agreement, as stated in 37 C.F.R. § 42.74(c)(1)-(2), any such written request be
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`served upon DISH and BBiTV on the day the written request is provided to the
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`Board.
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`
`
`- 1 -
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`
`
`Date: December 2, 2021
`
`
`Date: December 2, 2021
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`
`Respectfully submitted,
`
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`
`/K. Patrick Herman/
`
`K. Patrick Herman (Reg. No. 75,018)
`Counsel for Petitioner DISH Network L.L.C.
`
`STERNE, KESSLER, GOLDSTEIN & FOX, P.L.L.C.
`
`/Jason A. Fitzsimmons/
`
`Jason A. Fitzsimmons (Reg. No. 65,367)
`Counsel for Patent Owner Broadband iTV, Inc.
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`
`
`- 2 -
`
`
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026 B2
`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that a true and correct copy of the
`
`foregoing JOINT REQUEST TO FILE SETTLEMENT AGREEMENT AS
`
`BUSINESS CONFIDENTIAL INFORMATION PURSUANT TO 35 U.S.C. §
`
`317(b) was electronically served via e-mail in its entirety on December 2, 2021,
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`upon the following counsel of record for Petitioners:
`
`Counsel for DISH Network L.L.C.:
`Alyssa Caridis (Lead Counsel)
`K. Patrick Herman (Back-up Counsel)
`Clement Roberts (Back-up Counsel)
`Will Melehani (Back-up Counsel)
`ORRICK, HERRINGTON, & SUTCLIFFE, LLP
`A8CPTABDocket@orrick.com
`P52PTABDocket@orrick.com
`croberts@orrick.com
`wmelehani@orrick.com
`
`Counsel for AT&T Services, Inc. and
`DIRECTV, LLC:
`Roger Fulghum (Lead Counsel)
`Jeffrey S. Becker (Back-up Counsel)
`Morgan G. Mayne (Back-up Counsel)
`BAKER BOTTS L.L.P.
`roger.fulghum@bakerbotts.com
`jeff.becker@bakerbotts.com
`morgan.mayne@bakerbotts.com
`
`
`
`
`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Jason A. Fitzsimmons/
`
`Jason A. Fitzsimmons
`Registration No. 65,367
`Counsel for Patent Owner Broadband iTV, Inc.
`
`
`
`
`
`
`
`
`
`17687510_1.docx
`
`Date: December 2, 2021
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005–3934
`(202) 371–2600
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