`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`AMAZON.COM, INC., AMAZON WEB SERVICES, INC., AND
`AMAZON.COM SERVICES LLC
`Petitioner,
`
`v.
`
`LS CLOUD STORAGE TECHNOLOGIES, LLC
`Patent Owner.
`
`Patent No. 10,154,092 B2
`
`
`Inter Partes Review No. IPR2023-007331
`
`
`
`
`UNOPPOSED MOTION TO TERMINATE PROCEEDING
`PURSUANT TO 35 U.S.C. § 317(A) AND 37 C.F.R. § 42.72
`
`
`
`
`
`1 This case is joined with IPR2023-00120. Per the Board’s order (IPR2023-00733
`Paper 14), Petitioner Amazon is authorized to make any such filings related to
`IPR2023-00120 in the instant proceeding. In addition, Petitioners Google,
`Microsoft, Cisco, and Patent Owner each filed respective approved Joint Motions
`to Terminate as to Petitioners Google, Microsoft, and Cisco. Accordingly,
`Amazon.com, Inc., Amazon Web Services, Inc., and Amazon.com Services LLC,
`collectively “Amazon,” or “the Amazon entities” remain as Petitioners in this
`proceeding.
`
`
`
`IPR2023-00733
`
`PETITIONER’S UPDATEDLIST OF EXHIBITS
`
`
`
`Caninscription
`
`based on network-attached disks," Proceedings. 1998 International
`
`R. H. Katz, "Network-attached storage systems," Proceedings Scalable
`High Performance Computing Conference SHPCC92., Williamsburg,
`VA, USA, 1992, pp. 68-75
`
`[USPacnNo.6.7834CHP)rt
`
`
`U.S. Patent No. 5,920,893 (“Nakayama”)
`
`U.S. Patent No. 6,118,776 (“Berman”) f1009|
`
`United States District Courts — National Judicial Caseload Profile,
`https://www.uscourts.gov/sites/default/files/
`fcems_na_distprofile0331.2022.pdf (accessed September 21, 2022)
`
`Order Staying Case in LS Cloud Storage Technologies, LLC v. Google
`LLC, 1:22-cv-00853 (W.D. Tex. 2022)
`
`USPTO Memo:Interim Procedure for Discretionary Denials in AIA
`Post-Grant Proceedings with Parallel District Court Litigation, June 21,
`2022
`
`1011
`
`1012
`
`Order Setting Initial Pretrial Conference for 11/3/2022 in LS Cloud
`Storage Technologies, LLC v. Google LLC, 1:22-cv00853 (W.D.Tex.
`2022)
`
`1013
`
`D. Patterson, G. Gibson, R. Katz, entitled “A Case for Redundant Arrays|1014
`of Inexpensive Disks (RAID)”. SIGMOD88: International Conference
`On Managementof Data Chicago Illinois USA June 1 - 3, 1988
`
`1015
`
`Gang Maand A. L. Narasimha Reddy, "An evaluation of storage systems
`
`
`
`IPR2023-00733
`
`Exhibit Description Exhibit#|
`
`Conference on Parallel Processing (Cat. No.98EX205), Minneapolis,
`MN,USA,1998, pp. 278-285.
`
`Average Timeto Trial for Patent Cases before Judge Yeakel, retrieved
`from www.docketnavigator.com
`
`1017
`
`Agreed Stipulation of Dismissal With Prejudice (LS Cloud and Cisco)
`
`Report on the Filing or Determination of an Action Regarding a Patent or|1022
`Trademark (LS Cloud and Cisco)
`
`Redline Comparison of Patent Owner’s Preliminary Response vs. Patent|1023
`Owner’s Responsefiled in IPR2023-00120
`
`Infringement Contentions served in LS Cloud Storage Technologies,
`LLC v. Google LLC, 1:22-cv-00853 (W.D. Tex. 2022)
`
`RESERVED i019|
`1020
`Confidential Settlement Agreement
`1020
`1021
`
`2023)
`
`Email dated January 19, 2024 from Patent Owner’s Counsel
`
`Final Judgment in LS Cloud Storage Technologies, LLC v.
`Amazon.com,Inc., 1:22-cv-1167-RP, ECF No. 34 (W.D. Tex. Mar. 16,
`
`1024
`[NEW]
`
`1025
`[NEW]
`
`
`
`IPR2023-00733
`
`
`
`
`
`Pursuant to 35 U.S.C. § 317(a) and 37 C.F.R. § 42.72, Amazon.com, Inc.,
`
`Amazon Web Services, Inc., and Amazon.com Services LLC (“Petitioner”) moves
`
`for termination of the inter partes review of U.S. Patent No. 10,154,092 (“the ’092
`
`Patent”) in Case No. IPR2023-00120 as to Petitioner.2
`
`In IPR2023-00120, Google LLC filed a petition for inter partes review of
`
`the ’092 Patent on November 2, 2022. (IPR2023-00120 Paper 1.) Patent Owner
`
`filed a preliminary response on February 28, 2023 (IPR2023-00120 Paper 6.) In
`
`IPR2023-00733, Petitioner, along with Cisco Systems, Inc. and Microsoft
`
`Corporation, filed its petition for inter partes review and moved for joinder to
`
`IPR2023-00120 on March 20, 2023. (IPR2023-00733 Papers 1 & 5.) Patent
`
`Owner filed a preliminary response to the petition in IPR2023-00120 on June 28,
`
`2023. (IPR2023-00120 Paper 9.) On September 1, 2023, the Board issued its
`
`Decisions on Institution for both IPR2023-00733 and IPR2023-00120 and granted
`
`joinder of IPR2023-00733 to IPR2023-00120. (IPR2023-00120 Paper 10;
`
`IPR2023-00733 Paper 10.) Since then, all petitioners except Petitioner were
`
`terminated from these inter partes review proceedings. (IPR2023-00120 Papers
`
`15, 19, 20.) Petitioner now moves to terminate IPR2023-00120 as to Petitioner.
`
`Patent Owner has indicated that it does not oppose. (Ex. 1024.)
`
`
`2 The above-captioned IPR2023-00733 was joined with IPR2023-00120. The
`Board authorized Petitioner to file this Motion to Terminate as to IPR2023-00120
`in an e-mail dated January 22, 2024.
`
`3
`
`
`
`IPR2023-00733
`
`
`
`
`
`Petitioner is moving to terminate this proceeding because Patent Owner’s
`
`district court action against Petitioner was dismissed with prejudice. (Ex. 1025.)
`
`There are no agreements, oral or written, between the parties made in connection
`
`with, or in contemplation of, the termination of the proceeding.
`
`No other petitioners remain in this inter partes review, and no final written
`
`decision on the merits has been entered. For at least these reasons, termination of
`
`this inter partes review is proper under 35 U.S.C. § 317(a) and 37 C.F.R. § 42.72.
`
`
`Dated: January 26, 2024
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By /Brian C. Nash /
`Brian C. Nash
`Registration No. 58,105
`MORRISON & FOERSTER LLP
`300 Colorado St., Suite 1800
`Austin, TX 78701
`Telephone: (512) 617-0650
`Email: BNash@mofo.com
`
`Counsel for Petitioners
`
`4
`
`
`
`IPR2023-00733
`
`
`
`
`
`Certificate of Service (37 C.F.R. § 42.6(e)(4))
`
`I hereby certify that the attached UNOPPOSED MOTION TO TERMINATE
`
`PROCEEDING PURSUANT TO 35 U.S.C. § 317(A) AND 37 C.F.R. § 42.72 was
`
`served as of the below date by email on the Patent Owner (by agreement) to the
`
`following counsel of record:
`
`Jacob B. Henry (Registration No. 61,093)
`William P. Ramey, III (Registration No. 44,295)
`RAMEY LLP
`5020 Montrose Blvd., Ste. 800
`Houston, Texas 77006
`jhenry@rameyfirm.com
`wramey@rameyfirm.com
`uspto@rameyfirm.com
`
`
`
`
`
`
`Dated: January 26, 2024
`
`
`By /Brian C. Nash /
`Brian C. Nash
`
`
`
`5
`
`
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