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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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`TRILLER, INC.,
`Petitioner,
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`v.
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`TIKTOK PTE. LTD.,
`Patent Owner.
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`Case IPR2022-00180
`Patent 9,992,322 B2
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`JOINT REQUEST TO FILE SETTLEMENT AGREEMENT AS
`CONFIDENTIAL BUSINESS INFORMATION PURSUANT TO
`35 U.S.C. § 317(b) AND 37 C.F.R. § 42.74(c)
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`Proceeding No. IPR2022-00180
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`Pursuant to 37 C.F.R. 42.71(a), Petitioner Triller, Inc. (“Triller” or
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`“Petitioner”) and Patent Owner TikTok Pte. Ltd. (“TikTok” or “Patent Owner”)
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`jointly requested termination of the petition for inter partes review of U.S. Patent
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`No. 9,992,322 (the “’322 Patent”) in IPR2022-00180 and now also request that the
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`settlement agreement be treated as business confidential information pursuant to
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`35 U.S.C. § 317(b). The Board authorized the parties to file this Joint Request on
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`September 28, 2022, via email.
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`On September 21, 2022 Petitioner and Patent Owner settled their dispute with
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`respect to the ’322 Patent, which is subject to the above-captioned inter partes
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`review proceeding. The settlement agreement between the parties fully resolves all
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`disputes relating to the ’322 Patent before the district court and the PTAB. See
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`Exhibit 2007. Pursuant to 37 C.F.R. § 42.74(b), any agreement or understanding
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`between the parties made in connection with, or in contemplation of, the termination
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`of a proceeding shall be in writing and a true copy shall be filed with the Board
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`before the termination of the trial. Accordingly, the parties have filed the settlement
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`agreement herewith as Exhibit 2007.
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), the parties hereby
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`jointly request that Exhibit 2007 is treated as confidential business information, kept
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`separate from the files of the involved patent, and made available only to Federal
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`Proceeding No. IPR2022-00180
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`Government agencies on written request, or to any person on a showing of good
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`cause.
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`The terms require the parties to treat the settlement agreement as confidential
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`information and limit the parties’ ability to share the settlement agreement or
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`disclose its contents with third parties. See Exhibit 2007 at 6. Moreover, the
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`settlement agreement does not contain any information material to patentability. As
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`such, the parties respectfully request that the Board treat Exhibit 2007 as confidential
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`business information pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
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`Dated: September 28, 2022
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`Dated: September 29, 2022
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`Proceeding No. IPR2022-00180
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`By: / Chad Nydegger/
`Chad E. Nydegger, Reg. No. 61,020
`Brian N. Platt, Reg. No. 62,249
`David R. Todd, Reg. No. 41,348
`WORKMAN NYDEGGER
`60 East South Temple, Suite 1000
`Salt Lake City, UT 84111
`Telephone: 801-533-9800
`Facsimile: 801-328-1707
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`Attorneys for Petitioner
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`By: /Patrick J. Bisenius/
`W. Karl Renner, Reg. No. 41,265
`Dan Smith, Reg. No. 71,278
`Patrick J. Bisenius, Reg. No. 63,893
`Craig A. Deutsch, Reg. No. 69,264
`Kim H. Leung, Reg. No. 64,399
`Adam J. Kessel, Pro Hac Vice
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
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`Attorneys for Patent Owner
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`Proceeding No. IPR2022-00180
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`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that on September 29, 2022, a copy of the
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`foregoing Joint Request to File Settlement Agreement as Confidential Business
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`Information Pursuant To 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) was served
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`via electronic mail, on the following counsel of record for Petitioner:
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`Chad E. Nydegger (Reg. No. 61,020)
`Brian N. Platt (Reg. No. 62,249)
`David R. Todd (Reg. No. 41,348)
`WORKMAN NYDEGGER
`60 East South Temple, Suite 1000
`Salt Lake City, Utah 84111
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`Email:
`cnydegger@wnlaw.com
`bplatt@wnlaw.com
`dtodd@wnlaw.com
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`/Michael Stanwyck/
`Michael Stanwyck
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(617) 956-5938
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