`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`XILINX, INC.
`
`Petitioner
`
`v.
`
`POLARIS INNOVATIONS LIMITED
`
`Patent Owner
`
`Case IPR2023-00516
`
`U.S. Patent 6,157,589
`
`JOINT REQUEST TO TREAT AS CONFIDENTIAL AND KEEP
`SEPARATE PURSUANT TO 37 C.F.R § 42.74(C)
`
`
`
`Petitioner Xilinx, Inc. and Patent Owner Polaris Innovations Limited
`
`(collectively, the “Parties”), through their respective counsel of record, jointly
`
`request that the Board treat the Parties’ settlement agreement as business confidential
`
`information, and keep that agreement separate from the files of the involved patent
`
`and this proceeding. A true and correct copy of the settlement agreement, as
`
`referenced in the accompanying Joint Motion to Terminate, is filed concurrently
`
`herewith as Exhibit 1020, as “Parties and Board Only.”
`
`The rules governing this proceeding provide that, upon request, settlement
`
`agreements shall be maintained as business confidential information:
`
`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:
`
`(1) To a Government agency on written request to the Board; or
`
`(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.
`
`37 C.F.R. § 42.74(c).
`
`The Board approved the filing of this joint motion in an e-mail dated
`
`February 7, 2024. Therefore, the Parties jointly request that the settlement
`
`1
`
`
`
`
`
`
`
`agreement (Exhibit 1020): (1) be treated as business confidential information, (2) be
`
`maintained separate from the publicly available file of the involved patent and this
`
`proceeding, and (3) be made available only to Federal Government agencies on
`
`written request, or to persons showing good cause on written request, pursuant to 35
`
`U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`
`Due to the confidential nature of the settlement agreement, in the event that a
`
`third party submits a written request to the Board for a copy of the settlement
`
`agreement along with a purported showing of good cause, the Parties request that
`
`they be notified of the third party request and be given the opportunity to respond
`
`thereto.
`
`Dated: February 8, 2024
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`/Brian W. Oaks/
`Brian W. Oaks (Reg. No. 44,981)
`Aashish G. Kapadia (Reg. No. 78,844)
`MCDERMOTT WILL & EMERY LLP
`300 Colorado Street, Suite 2200
`Austin, TX 78701
`TEL: 512-726-2600
`FAX: 512-532-0002
`boaks@mwe.com
`akapadia@mwe.com
`
`Attorneys for Petitioner,
`Xilinx, Inc.
`
`
`2
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/David T. DeZern/
`David T. DeZern
`Registration No. 60,117
`NELSON BUMGARDNER CONROY
`P.C.
`2727 N. Harwood Street, Suite 250
`Dallas, TX 75201
`Telephone: (214) 446-4950
`Email: david@nelbum.com
`
`Attorney for Patent Owner
`
`
`
`
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on February 8,
`
`2024, a copy of the foregoing document was electronically served on the following
`
`counsel of record for Patent Owner:
`
`david@nelbum.com
`bbumgardner@nbclaw.net
`
`
`
`
`
`
`
`
`
`
`/Brian W. Oaks/
`Brian W. Oaks
`Lead Counsel for Petitioner
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
