`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
`
`MICROSOFT CORP., DELL TECHNOLOGIES INC., and DELL INC.,
`Petitioners,
`
`v.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`OZMO LICENSING LLC,
`Patent Owner.
`
`
`
`
`
`
`
`Case No. IPR2023-01060
`U.S. Patent No. 8,599,814
`
`
`
`
`
`
`
`JOINT REQUEST TO TREAT AS CONFIDENTIAL AND KEEP
`SEPARATE PURSUANT TO 35 U.S.C. § 317(B) AND 37 C.F.R. § 42.74(C)
`
`
`
`3919394.v1
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`
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`Case No. IPR2023-01060
`U.S. Patent No. 8,599,814
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner Microsoft
`
`Corporation (“Microsoft”), Petitioners Dell Technologies Inc. and Dell Inc.
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`(collectively, “Dell,” and together with Microsoft, “Petitioners”), and Patent Owner
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`Ozmo Licensing LLC (“Patent Owner”) (together with Petitioners, “the Parties”),
`
`through their respective counsel of record, jointly request that the Board treat both (i)
`
`the settlement agreement between Microsoft and Patent Owner and (ii) the settlement
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`agreement between Dell and Patent Owner as business confidential information, and
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`keep those agreements separate from the file of the involved patent and this
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`proceeding. True and correct copies of the settlement agreements, as referenced in the
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`accompanying Joint Motion to Terminate Proceeding, are filed concurrently herewith
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`as Confidential Exhibits 2001 and 2002, as “Parties and Board Only.”
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`The rules governing this proceeding provide that, upon request, settlement
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`agreements shall be maintained as business confidential information:
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`A party to a settlement may request that the settlement be treated as
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`business confidential information and be kept separate from the
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`files of an involved patent or application. The request must be filed
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`with the settlement. If a timely request is filed, the settlement shall
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`only be available:
`
`(1) To a Government agency on written request to the Board; or
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`3919394.v1
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`1
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`Case No. IPR2023-01060
`U.S. Patent No. 8,599,814
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`(2) To any other person upon written request to the Board to make
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`the settlement agreement available, … and on a showing of good
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`cause.
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`37 C.F.R. § 42.74(c). See also 35 U.S.C. § 317(b).
`
`The Board approved the filing of this Joint Request in an email dated March
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`13, 2024. Therefore, the Parties jointly request that the settlement agreements
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`(Confidential Exhibits 2001 and 2002): (1) be treated as business confidential
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`information, (2) be maintained separate from the publicly available file of the
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`involved patent and this proceeding, and (3) be made available only to Federal
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`Government agencies on written request, or to persons showing good cause on
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`written request, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
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`Due to the confidential nature of the settlement agreements, in the event that a
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`third party submits a written request to the Board for a copy of either settlement
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`agreement along with a purported showing of good cause, the Parties request that
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`they be notified of the third-party request and be given the opportunity to respond
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`thereto.
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`3919394.v1
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`Respectfully submitted this 13th day of March, 2024.
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`Case No. IPR2023-01060
`U.S. Patent No. 8,599,814
`
`
`/Lawrence P. Cogswell III, Ph.D. 71,441/
`Lawrence P. Cogswell III, Ph.D.
`Reg. No. 71,441
`Hamilton, Brook, Smith & Reynolds, P.C.
`155 Seaport Boulevard
`Boston, Massachusetts 02210
`Phone: (617) 607-5900
`Fax: (978) 341-0136
`
`Attorney for Patent Owner,
`Ozmo Licensing LLC
`
`/Brian K. Erickson/
`Brian K. Erickson Reg. No. 48,895
`DLA Piper LLP (US)
`303 Colorado, Suite 3000
`Austin, TX 78701
`Phone: 512-457-7059
`Fax: 512-721-2263
`
`Attorney for Petitioners Microsoft
`Corporation, Dell Technologies Inc.,
`and Dell Inc.
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`
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`3919394.v1
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`3
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`Case No. IPR2023-01060
`U.S. Patent No. 8,599,814
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that on March 13, 2024, the
`foregoing Joint Request to Treat as Confidential and Keep Separate Pursuant to 35
`U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) and Exhibits referred to herein are being
`served electronically by agreement of the parties at the following email addresses:
`
`brian.erickson@dlapiper.com
`chris.katsantonis@us.dlapiper.com
`Ozmo-IPR@us.dlapiper.com
`
`
`
`
`
`
`
`/Lawrence P. Cogswell III, Ph.D. 71,441/
`Lawrence P. Cogswell III, Ph.D.
`Reg. No. 71,441
`Hamilton, Brook, Smith & Reynolds, P.C.
`155 Seaport Boulevard
`Boston, Massachusetts 02210
`Phone: (617) 607-5900
`Fax: (978) 341-0136
`
`Attorney for Patent Owner,
`Ozmo Licensing LLC
`
`3919394.v1
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`4
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