`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`_________________
`
`ONEPLUS TECHNOLOGY (SHENZHEN) CO., LTD,
`
`Petitioner
`
`
`v.
`
`
`BELL NORTHERN RESEARCH, LLC,
`
`Patent Owner
`
`_________________
`
`Case IPR2022-00048
`
`U.S. Patent No. 8,416,862
`_________________
`
`
`UNOPPOSED REQUEST THAT THE SETTLEMENT AGREEMENT BE
`TREATED AS BUSINESS CONFIDENTIAL INFORMATION AND BE
`KEPT SEPARATE UNDER 35 U.S.C. § 317(b)
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`US Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`IPR2022-00048
`U.S. Patent No. 8,416,862
`
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner OnePlus
`
`Technology (Shenzhen) Co., Ltd. (“OnePlus” or “Petitioner”) hereby requests that
`
`the true copy of the OnePlus Agreement between OnePlus and the third-party
`
`(Ex. 1022) be treated as business confidential information and be kept separate
`
`from the file of the involved patent. Patent Owner Bell Northern Research (“BNR”
`
`or “Patent Owner,” together with OnePlus the “Parties”) does not oppose the
`
`content of this Request. Concurrently with the filing of this Request, OnePlus is
`
`filing an Unopposed Motion to Terminate Inter Pates Review due to the settlement
`
`between the Parties.
`
`OnePlus considers the OnePlus Agreement to contain highly sensitive
`
`business confidential information that would substantially harm the Parties’
`
`business interests if publicly disclosed. As such, OnePlus requests that the OnePlus
`
`Agreement be kept as a separate paper to be made available only under the
`
`provisions of 35 U.S.C § 317(b) and 37 C.F.R. § 42.74(c). The OnePlus
`
`Agreement has been filed for access “Available only to board.” OnePlus further
`
`requests that the Board order that in the event a person or entity makes a written
`
`request, as stated in 37 C.F.R. § 42.74(c)(1)-(2), for access to the OnePlus
`
`Agreement, that any such written request be served upon OnePlus on the day the
`
`written request is provided to the Board and that OnePlus be provided an
`
`opportunity to respond to the request.
`
`1
`
`
`
`Date: January 19, 2022
`
`
`
`
`
`
`IPR2022-00048
`U.S. Patent No. 8,416,862
`
`
`Respectfully Submitted,
`
`/s/ Charles M. McMahon
`Charles M. McMahon (Reg. No. 44,926)
`cmcmahon@mwe.com
`Thomas M. DaMario (Reg. No. 77,142)
`tdamario@mwe.com
`MCDERMOTT WILL & EMERY LLP
`444 West Lake Street, Suite 4000
`Chicago, IL 60606
`T: 312-372-2000
`F: 312-984-7700
`OnePlusService@mwe.com
`
`Attorneys for Petitioner
`
`2
`
`
`
`IPR2022-00048
`U.S. Patent No. 8,416,862
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on January 19,
`
`2022, the foregoing document is being served via electronic mail upon the
`
`following counsel of record for Patent Owner:
`
`
`
`
`
`
`
`
`
`Timothy Devlin (Reg. No. 41,706)
`DEVLIN LAW FIRM LLC
`TD-PTAB@devlinlawfirm.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Thomas M. DaMario
`Thomas M. DaMario
`
`3
`
`
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