`___________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________________
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`CISCO SYSTEMS, INC., MICROSOFT CORPORATION,
`AMAZON.COM, INC., AMAZON WEB SERVICES, INC., and
`AMAZON.COM SERVICES, LLC,
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`Petitioners,
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`v.
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`LS CLOUD STORAGE TECHNOLOGIES, LLC,
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`Patent Owner.
`___________________________
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`IPR2023-00120, IPR 2023-00733
`U.S. PATENT NO. 10,154,092
`___________________________
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`JOINT MOTION TO TERMINATE PROCEEDING
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`JOINT REQUEST TO TREAT SETTLEMENT AGREEMENT
`CONFIDENTIAL INFORMATION TO BE KEPT SEPARATE PURSUANT
`TO 35 U.S.C. § 317(b)
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`EXHIBIT LIST
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`LIST OF NEWLY FILED EXHIBITS
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`The following exhibit is being filed with this Joint Motion To Terminate
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`Proceeding and Joint Request To Treat The Parties’ Settlement Agreement As
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`Business Confidential Information And Be Keep Separate:
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`Exhibit Number
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`Description
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`2002
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`Settlement Agreement (LS Cloud and Microsoft)
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`I.
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`STATEMENT OF RELIEF REQUESTED
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`Petitioner Microsoft Corporation has reached agreement with Patent Owner
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`LS Cloud Storage Technologies, LLC (“Patent Owner”) (collectively, the
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`“Parties”) to settle their dispute. Pursuant to 35 U.S.C. § 317, 37 C.F.R. §§ 42.72
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`and 42.74, and authorization provided by the Board on December 5, 2023, the
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`Parties jointly move for termination of these inter partes review proceedings
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`(IPR2023-00120, IPR2023-00733) (the “Proceedings”) between them, without
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`prejudice to either Party. The Parties are concurrently filing a true copy of the
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`Parties’ settlement agreement (Confidential Exhibit 1020) and request that it be
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`kept separate and treated as “business confidential information” pursuant to 35
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`U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). There are no other agreements, oral or
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`written, between the parties made in connection with, or in contemplation of, the
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`termination of the proceedings.
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`Prior to filing this motion, undersigned counsel for Petitioner Microsoft
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`obtained permission from undersigned counsel for Patent Owner to add his
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`signature and file this motion and request jointly on behalf of the Parties.
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`II.
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`JOINT MOTION FOR TERMINATION
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`Good cause exists to terminate the Proceedings as to Patent Owner and
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`Microsoft because the Parties have settled their dispute regarding the U.S. Patent
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`No. 10,154,092 and the Parties have not completed briefing according to the
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`Scheduling Order (Paper 8). As such, no final written decision on the merits have
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`been entered in the Proceedings. Should this joint motion to terminate be denied,
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`Microsoft would not continue to participate in the Proceedings. Termination of
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`these inter partes reviews between Microsoft and Patent Owner is therefore proper
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`under 35 U.S.C. § 317 and 37 C.F.R. § 42.74 and would serve the interests of
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`judicial economy as well as the mutual interest of the Parties.
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`As stated in 35 U.S.C. § 317(a) and 37 C.F.R. § 42.73(d), because Patent
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`Owner and Microsoft jointly request this termination, no estoppel under 35 U.S.C.
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`§ 315(e) shall attach to Petitioner Microsoft.
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`III. REQUEST TO TREAT AS BUSINESS CONFIDENTIAL
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`Pursuant to 35 U.S.C. § 317(a) and 37 C.F.R. § 42.74, the Parties jointly
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`request to treat the Settlement Agreement (Ex. 1020) between Patent Owner and
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`Microsoft as Business Confidential Information that shall be kept separate from the
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`file from the involved patent and to be made available only to Federal Government
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`agencies on written request or to persons showing good cause. See 35 U.S.C. §
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`317(b); 37 C.F.R. § 42.74(c).
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`IV. CONCLUSION
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`Petitioner Microsoft and Patent Owner have settled their dispute related to
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`U.S. Patent No. 10,154,092. Briefing has not been completed and the Board has
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`not entered a Final Written Decision in the proceedings. Accordingly, Microsoft
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`and Patent Owner jointly request termination of IPR2023-00120 and IPR2023-
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`00733 as they relate to Microsoft and that the Board treat the Settlement
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`Agreement as Business Confidential Information and keep it separate from the
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`patent file.
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`Date: December 6, 2023
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`Respectfully submitted,
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`/s/ Brian E. Ferguson s
`Brian E. Ferguson
`Reg. No. 36,801
`Winston & Strawn LLC
`1901 L Street, N.W.
`Washington, D.C. 20036
`T: 202-282-5200
`beferguson@winston.com
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`Attorneys for Petitioner
`Microsoft Corporation
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`/s/William P. Ramey, III
`Jacob B. Henry
`William P. Ramey, III
`RAMEY LLP
`5020 Montrose Blvd., Ste. 800
`Houston, Texas 77006
`Email: jhenry@rameyfirm.com
`Email: wramey@rameyfirm.com
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`Attorneys for Patent Owner
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`CERTIFICATE OF SERVICE
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`I hereby certify that on December 6, 2023, I caused a true and correct copy
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`of the foregoing to be served on the following counsel for Petitioner by electronic
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`mail to the following email addresses:
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`Brian E. Ferguson
`Reg. No. 36,801
`Winston & Strawn LLC
`1901 L Street, N.W.
`Washington, D.C. 20036
`T: 202-282-5276
`beferguson@winston.com
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`Counsel for Petitioner
`Microsoft Corporation
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`/s/ Jacob Henry s
`Jacob B. Henry
`RAMEY LLP
`5020 Montrose Blvd., Ste. 800
`Houston, Texas 77006
`Email: jhenry@rameyfirm.com
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