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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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`AT&T SERVICES, INC. and DIRECTV, LLC,1
`Petitioners
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`v.
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`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)
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`
`
`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), Petitioners AT&T
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`Services, Inc. and DIRECTV, LLC (collectively “AT&T”) and Patent Owner
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`Broadband iTV, Inc. (“BBiTV”) hereby jointly request that a true copy of their
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`settlement agreement, filed concurrently herewith as Exhibit 2300, be treated as
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`business confidential information and be kept separate from the file of this inter
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`partes review (IPR) proceeding. Concurrently with the filing of this Request, the
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`parties are filing a Joint Motion to Terminate this IPR due to the settlement
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`agreement between AT&T and BBiTV. The Board authorized AT&T and BBiTV
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`to file this joint request in an email of December 13, 2021.
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`AT&T 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, AT&T 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.” AT&T 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 AT&T and BBiTV on the day the written request is provided to the
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`Board.
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`
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`- 1 -
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`
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`Respectfully submitted,
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`BAKER BOTTS L.L.P.
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` Roger Fulghum /
`
`
`Roger Fulghum (Reg. No. 39,678)
`Counsel for Petitioners AT&T Services, Inc. and
`DIRECTV, LLC
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`
` /
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`
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`Date: December 14, 2021
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`
`Date: December 14, 2021
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`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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`
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`- 2 -
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`
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that a true and correct copy of the
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`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) was electronically served via e-mail in its entirety on December 14, 2021,
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`upon the following counsel of record for Petitioners:
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`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 (Reg. No. 65,367)
`Counsel for Patent Owner Broadband iTV, Inc.
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` 17749750.docx
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`Date: December 14, 2021
`1100 New York Avenue, N.W.
`Washington, D.C. 20005–3934
`(202) 371–2600
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