`___________________________
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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 PROCEEDINGS
`AS TO CISCO SYSTEMS, INC.
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`LIST OF NEWLY FILED EXHIBITS
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`The following exhibits are being filed with this Joint Motion To Terminate
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`Proceeding:
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`Exhibit Number
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`Description
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`2003
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`2004
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`Agreed Stipulation of Dismissal With Prejudice (LS Cloud
`and Cisco)
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`Report on the Filing or Determination of an Action
`Regarding a Patent or Trademark (LS Cloud and Cisco)
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`I.
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`STATEMENT OF RELIEF REQUESTED
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`Petitioner Cisco Systems, Inc. and Patent Owner LS Cloud Storage
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`Technologies, LLC (“Patent Owner”) (collectively, the “Terminating Parties”) have
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`agreed to dismiss all claims between them relating to U.S. Patent No. 10,154,092
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`in the underlying district court proceeding (LS Cloud Storage Tech., LLC v. Cisco
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`Systems, Inc., Case No. 6:22-cv-00845-ADA (W.D. Tex.)). Pursuant to 35 U.S.C. §
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`317, 37 C.F.R. §§ 42.72 and 42.74, and authorization provided by the Board on
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`December 6, 2023, the Terminating Parties jointly move for termination of these
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`inter partes review proceedings (IPR2023-00120, IPR2023-00733) (the
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`“Proceedings”) between them, without prejudice to either Party.
`1
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`The Parties are concurrently filing a true copy of the Parties’ Agreed
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`Stipulation of Dismissal of Defendant with Prejudice (Ex. 2003) and Report on the
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`Filing or Determination of an Action Regarding a Patent or Trademark (Ex. 2004)
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`filed in the district court proceeding. 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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`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 Terminating Parties have dismissed their claims with
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`prejudice in the district court proceeding regarding U.S. Patent No. 10,154,092 and
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`the Terminating Parties have not completed briefing according to the Scheduling
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`Order (Paper 8). As such, no final written decision on the merits have been entered
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`in the Proceedings. Should this joint motion to terminate be denied, Cisco would
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`not continue to participate in the Proceedings. Termination of these inter partes
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`reviews between Cisco and Patent Owner is therefore proper under 35 U.S.C. §
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`317 and 37 C.F.R. § 42.74 and would serve the interests of judicial economy as
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`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 Cisco jointly request this termination, no estoppel under 35 U.S.C. §
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`315(e) shall attach to Petitioner Cisco.
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`IV. CONCLUSION
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`For the reasons stated herein, Cisco and Patent Owner jointly request
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`termination of IPR2023-00120 and IPR2023-00733 as they relate to Cisco.
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`Date: December 7, 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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`
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`Attorneys for Petitioner
`Cisco Systems, Inc.
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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 7, 2023, I caused a true and correct
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`copy of the foregoing to be served on the following counsel for Petitioner by
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`electronic 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: 202-282-5200
`beferguson@winston.com
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`Attorneys for Petitioner
`Cisco Systems, Inc.
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`/s/Jacob Henry
`Jacob B. Henry
`RAMEY LLP
`5020 Montrose Blvd., Ste. 800
`Houston, Texas 77006
`Email: jhenry@rameyfirm.com
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