`571-272-7822
`
`
`
`
`
`Paper 9
`Date: February 10, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`Before BRYAN F. MOORE, SHARON FENICK and JASON M. REPKO,
`Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`BELL NORTHERN RESEARCH, LLC,
`Patent Owner
`____________
`
`IPR2021-01590
`Patent 8,416,862 B2
`____________
`
`
`
`ORDER
`Clarifying Prior Decision
`37 C.F.R. § 42.5(a)
`
`
`
`
`
`IPR2021-01590
`Patent 8,416,862 B2
`
`
`On January 28, 2022, we issued a termination decision, Paper 8, in
`which we granted the parties’ “Joint Motion to Keep [Settlement Agreement
`(Exhibit 2001)] Confidential and Separate under 35 U.S.C. § 317(b) and 37
`C.F.R. § 42.74(c)” (Paper 6 (“Joint Motion to Keep Separate”)).
`The Joint Motion to Keep Separate states, in part, that Exhibit 2001 be
`kept separate from the files of the involved patent and inter
`partes review proceeding, and only made available to Federal
`Government agencies upon written request, or to any other
`person upon written request and a finding of good cause after
`notice to the parties to the agreement and an opportunity for
`those parties to respond to the request.
`Paper 6, 2 (emphasis added).
`We herein clarify that the parties requested and we granted the Joint
`Motion to Keep Separate “under 37 C.F.R. § 42.74(c),” which does not
`include the emphasized language. Thus, the Settlement Agreement may be
`made available without notice to the parties to the agreement and an
`opportunity for those parties to respond to the request, and the Settlement
`Agreement need not be kept separate from the files of this proceeding.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`IPR2021-01590
`Patent 8,416,862 B2
`
`For PETITIONER:
`
`Walter Renner
`Timothy Riffe
`Christopher Hoff
`Jeremy Monaldo
`Jennifer Huang
`Dan Smith
`Kim Leung
`Usman Khan
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`riffe@fr.com
`hoff@fr.com
`jjm@fr.com
`jjh@fr.com
`dsmith@fr.com
`leung@fr.com
`khan@fr.com
`
`For PATENT OWNER:
`
`Daniel Young
`Chad King
`ADSERO IP LLC
`dyoung@adseroip.com
`chad@adseroip.com
`
`
`
`3
`
`