`___________________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________________
`
`CISCO SYSTEMS, INC., MICROSOFT CORPORATION,
`AMAZON.COM, INC., AMAZON WEB SERVICES, INC., and
`AMAZON.COM SERVICES, LLC,
`
`Petitioners,
`
`v.
`
`LS CLOUD STORAGE TECHNOLOGIES, LLC,
`
`Patent Owner.
`___________________________
`
`
`IPR2023-00120, IPR-2023-00733
`U.S. PATENT NO. 10,154,092
`___________________________
`
`JOINT MOTION TO TERMINATE PROCEEDINGS
`AS TO CISCO SYSTEMS, INC.
`
`
`
`
`
`0
`
`
`
`
`
`
`
`
`
`
`
`
`LIST OF NEWLY FILED EXHIBITS
`
`The following exhibits are being filed with this Joint Motion To Terminate
`
`Proceeding:
`
`Exhibit Number
`
`Description
`
`2003
`
`2004
`
`Agreed Stipulation of Dismissal With Prejudice (LS Cloud
`and Cisco)
`
`Report on the Filing or Determination of an Action
`Regarding a Patent or Trademark (LS Cloud and Cisco)
`
`
`
`
`
`
`I.
`
`STATEMENT OF RELIEF REQUESTED
`
`Petitioner Cisco Systems, Inc. and Patent Owner LS Cloud Storage
`
`Technologies, LLC (“Patent Owner”) (collectively, the “Terminating Parties”) have
`
`agreed to dismiss all claims between them relating to U.S. Patent No. 10,154,092
`
`in the underlying district court proceeding (LS Cloud Storage Tech., LLC v. Cisco
`
`Systems, Inc., Case No. 6:22-cv-00845-ADA (W.D. Tex.)). Pursuant to 35 U.S.C. §
`
`317, 37 C.F.R. §§ 42.72 and 42.74, and authorization provided by the Board on
`
`December 6, 2023, the Terminating Parties jointly move for termination of these
`
`inter partes review proceedings (IPR2023-00120, IPR2023-00733) (the
`
`“Proceedings”) between them, without prejudice to either Party.
`1
`
`
`
`
`
`The Parties are concurrently filing a true copy of the Parties’ Agreed
`
`Stipulation of Dismissal of Defendant with Prejudice (Ex. 2003) and Report on the
`
`Filing or Determination of an Action Regarding a Patent or Trademark (Ex. 2004)
`
`filed in the district court proceeding. There are no other agreements, oral or
`
`written, between the parties made in connection with, or in contemplation of, the
`
`termination of the proceedings.
`
`II.
`
`JOINT MOTION FOR TERMINATION
`
`Good cause exists to terminate the Proceedings as to Patent Owner and
`
`Microsoft because the Terminating Parties have dismissed their claims with
`
`prejudice in the district court proceeding regarding U.S. Patent No. 10,154,092 and
`
`the Terminating Parties have not completed briefing according to the Scheduling
`
`Order (Paper 8). As such, no final written decision on the merits have been entered
`
`in the Proceedings. Should this joint motion to terminate be denied, Cisco would
`
`not continue to participate in the Proceedings. Termination of these inter partes
`
`reviews between Cisco and Patent Owner is therefore proper under 35 U.S.C. §
`
`317 and 37 C.F.R. § 42.74 and would serve the interests of judicial economy as
`
`well as the mutual interest of the Parties.
`
`As stated in 35 U.S.C. § 317(a) and 37 C.F.R. § 42.73(d), because Patent
`
`Owner and Cisco jointly request this termination, no estoppel under 35 U.S.C. §
`
`315(e) shall attach to Petitioner Cisco.
`
`
`
`2
`
`
`
`IV. CONCLUSION
`
`
`
`For the reasons stated herein, Cisco and Patent Owner jointly request
`
`termination of IPR2023-00120 and IPR2023-00733 as they relate to Cisco.
`
`
`Date: December 7, 2023
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/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
`
`
`
`Attorneys for Petitioner
`Cisco Systems, Inc.
`
`
`/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
`
`Attorneys for Patent Owner
`
`
`
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on December 7, 2023, I caused a true and correct
`
`copy of the foregoing to be served on the following counsel for Petitioner by
`
`electronic mail to the following email addresses:
`
`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
`
`Attorneys for Petitioner
`Cisco Systems, Inc.
`
`/s/Jacob Henry
`Jacob B. Henry
`RAMEY LLP
`5020 Montrose Blvd., Ste. 800
`Houston, Texas 77006
`Email: jhenry@rameyfirm.com
`
`4
`
`
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