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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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`_________________
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`MOBILE IRON, INC.
`Petitioners
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`v.
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`BLACKBERRY LIMITED,
`Patent Owner
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`Case IPR2021-00162
`Patent 8,442,489
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`_________________
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`JOINT REQUEST TO KEEP AGREEMENT BUSINESS
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`CONFIDENTIAL AND SEPARATE UNDER 37 C.F.R. § 42.74(c)
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`Case IPR2021-00162
`Attorney Docket No: I4520.00019
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`Petitioner and Patent Owner (the “Parties”) jointly request the settlement
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`agreement executed on February 22, 2021 (the “Settlement Agreement,” Exhibit
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`1025) between the Parties be treated as business confidential information and kept
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`separate from the file of the involved patent. The Settlement Agreement is
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`referenced in the Joint Motion to Terminate Proceeding, filed concurrently
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`herewith.
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`The rules contemplate that agreements will be maintained as business
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`confidential information, upon request. See, e.g., 37 C.F.R. § 42.74(c), which
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`provides that:
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` party to a settlement may request that the settlement be treated as
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` A
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`business confidential information and be kept separate from the files
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`of an involved patent or application. The request must be filed with
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`the settlement. If a timely request is filed, the settlement shall only be
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`available:
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`(1) To a Government agency on written request to the Board; or
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`(2) To any other person upon written request to the Board to make
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`the settlement agreement available, along with the fee specified in §
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`42.15(d) and on a showing of good cause.
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`The present request, which is being filed contemporaneously with the
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`Settlement Agreement, is timely and in accordance with the foregoing authority.
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`1
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`Case IPR2021-00162
`Attorney Docket No: I4520.00019
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`Therefore, the Parties request that the Settlement Agreement (i) be treated as
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`business confidential information, (ii) be maintained separate from the publicly
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`available file of the involved patent, and (iii) shall be made available only to Federal
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`Government agencies on written request, or to persons showing good cause on
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`written request, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
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`Date: March 9, 2021
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`Respectfully submitted,
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`
` /R. Parrish Freeman/
`R. Parrish Freeman, Reg. No. 42,556
`Maschoff Brennan
`Counsel for Petitioner
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` /Michael T. Hawkins/
`Michael T. Hawkins, Reg. No. 57,867
`Fish & Richardson P.C.
`Counsel for Patent Owner
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`2
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`Case IPR2021-00162
`Attorney Docket No: I4520.00019
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(1), the undersigned certifies that on March 9,
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`2021 a copy of Joint Request to Keep Agreement Business Confidential and
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`Separate was provided via email, to Patent Owner by serving the email
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`correspondence addresses of record as follows:
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`
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`Michael T. Hawkins
`Nicholas Stephens
`Christopher Hoff
`Andrew Dommer
`Patrick Bisenius
`Terry J. Stalford
`FISH & RICHARDSON
`60 South Sixth Street
`Minneapolis, MN 55402
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` Email: hawkins@fr.com
` nstephens@fr.com
` hoff@fr.com
` dommer@fr.com
` stalford@fr.com
` PTABInbound@fr.com
` IPR21828-0059IP1@fr.com
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`3
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`/R. Parrish Freeman/
`R. Parrish Freeman
`Maschoff Brennan
`1389 Center Drive, Suite 300
`Park City, Utah 84098
`(435) 252-1360
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