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`__________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`__________________
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`FANTASIA TRADING LLC d/b/a ANKERDIRECT,
`Petitioner
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`v.
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`SCRAMOGE TECHNOLOGY LTD.,
`Patent Owner
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`Case IPR2022-00499
`Patent No. 7,825,537
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`__________________
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`JOINT REQUEST TO FILE SETTLEMENT AGREEMENT AS
`BUSINESS CONFIDENTIAL INFORMATION UNDER
`35 U.S.C. § 317(b) AND 37 C.F.R. § 42.72(c)
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner and
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`Case IPR2022-00499
`U.S. Patent No. 7,825,537
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`Patent Owner (collectively “Parties”) hereby jointly request to treat as business
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`confidential information, and to keep separate from the file of the involved patent,
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`the true and complete copy of the Settlement Agreement (Confidential Exhibit
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`1020), between the parties as referenced in the Joint Motion to Terminate
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`Proceeding pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74, filed
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`concurrently herewith.
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`35 U.S.C. § 317(b) provides that:
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`At the request of a party to the proceeding, the agreement or
`understanding shall be treated as business confidential information,
`shall be kept separate from the file of the involved patents, and shall be
`made available only to Federal Government agencies on written
`request, or to any person on a showing of good cause.
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`Likewise, 37 C.F.R. § 42.74(c) provides that:
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`A 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:
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`(1) To a Government agency on written request to the Board; or
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`Case IPR2022-00499
`U.S. Patent No. 7,825,537
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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, is timely and in accordance with the foregoing authority.
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`Therefore, parties request that the Settlement Agreement submitted as Confidential
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`Exhibit 1020 (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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`
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`Date: September 2, 2022
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`Respectfully submitted,
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`
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` /Michael T. Hawkins/
`Michael T. Hawkins, Reg. No. 57,867
`Fish & Richardson P.C.
`Counsel for Petitioner
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` /Brett Cooper/
`Brett Cooper, Reg. No. 55,085
`Russ, August & Kabat
`Counsel for Patent Owner
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`Case IPR2022-00499
`U.S. Patent No. 7,825,537
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR § 42.6(e)(4), the undersigned certifies that on September
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`2, 2022, a complete and entire copy of this Joint Request to File Settlement
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`Agreement as Business Confidential Information Under 35 U.S.C. § 317 was
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`provided via email, to the Patent Owner by serving the correspondence email
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`addresses of record as follows:
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`Brett Cooper
`Reza Mirzaie
`RUSS, AUGUST & KABAT
`12424 Wilshire Blvd. 12th Floor
`Los Angeles, CA 90025
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`Email:
`Rak_Scramoge@raklaw.com
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`/Kristyn Waldhauser/
`Kristyn Waldhauser
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(612) 638-5731
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