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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`DANISCO US INC. and DUPONT NUTRITION BIOSCIENCES ApS,
`Petitioners,
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`v.
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`NOVOZYMES A/S,
`Patent Owner.
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`_________________
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`Case IPR2021-00189
`U.S. Patent 10,555,541
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`____________
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`JOINT REQUEST TO KEEP AGREEMENTS CONFIDENTIAL AND
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`SEPARATE UNDER 37 C.F.R. § 42.74(c)
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`Attorney Docket No.: 30541-0018IP1
`Case No.: IPR2021-00189
`Petitioner and Patent Owner (the “Parties”), jointly request to treat as
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`business confidential information, and to keep separate from the file of the involved
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`patent, the true and complete copies of the settlement agreement and collateral
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`agreements (Confidential Exhibit 2002) between the Parties as referenced in the
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`Joint Motion To Terminate Proceeding, filed concurrently 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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` A
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` party to a settlement may request that the settlement be treated as
`business confidential information and be kept separate from the files
`of an involved patent or application. The request must be filed with
`the settlement. If a timely request is filed, the settlement shall only be
`available:
`(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
`the settlement agreement available, along with the fee specified in §
`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 and collateral agreements (Confidential Exhibit 2002), is
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`timely and in accordance with the foregoing authority. Therefore, the Parties
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`request that the settlement agreement and collateral agreements (Confidential
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`1
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`Attorney Docket No.: 30541-0018IP1
`Case No.: IPR2021-00189
`Exhibit 2002) (i) be treated as business confidential information, (ii) be maintained
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`separate from the publicly available file of the involved patent, and (iii) shall be
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`made available only to Federal Government agencies on written request, or to
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`persons showing good cause on written request, pursuant to 35 U.S.C. § 317(b) and
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`37 C.F.R. § 42.74(c).
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`Date: August 27, 2021
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`Date: August 27, 2021
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`Respectfully submitted,
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`/Michael Flibbert/
`Michael Flibbert, Reg. No. 33,234
`Pier DeRoo, Reg. No. 69,340
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`Counsel for Petitioner
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`/Dorothy Whelan/
`Dorothy Whelan, Reg. No. 33,814
`Robert Sullivan, Reg. No. 30,499
`Michael Zoppo, Reg. No. 61,074
`Kathryn Grey, Reg. No. 69,591
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`Counsel for Patent Owner
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`2
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