`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`AVX CORPORATION
`Petitioner
`
`v.
`
`SAMSUNG ELECTRO-MECHANICS CO., LTD.
`Patent Owner
`
`Patent No. 9,326,381
`Issue Date: April 26, 2016
`Title: MULTILAYER CERAMIC CAPACITOR AND BOARD HAVING THE
`SAME MOUNTED THEREON
`
`
`
`Post-Grant Review No. PGR2017-00010
`
`
`
`
`
`JOINT MOTION TO KEEP EXHIBIT 1029 CONFIDENTIAL AND
`SEPARATE UNDER 35 U.S.C. § 327(b) AND 37 C.F.R. § 42.74(c)
`
`
`
`
`
`
`
`
`
`Case PGR2017-00010
`U.S. Patent No. 9,326,381
`
`
`Pursuant to 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(c), Petitioner AVX
`
`Corporation (“AVX”) and Patent Owner Samsung Electro-Mechanics Co., Ltd.
`
`(“Samsung”) (collectively, the “Parties”) jointly request to file Exhibit 1029, the
`
`settlement agreement between the Parties as referenced in the Joint Motion to
`
`Terminate filed concurrently herewith, as business confidential information, and
`
`to have it be kept separate from the file of the involved patent. The Parties
`
`sought authorization from the Board to file this motion via email dated January
`
`29, 2018 , and authorization was granted in the Board’s Order dated January 30,
`
`2018 (Paper 22).
`
` If requested, the rules permit the Parties to have any filed settlement
`
`agreement treated as business confidential information and kept separate from
`
`the files of the involved patent. 37 C.F.R. § 42.74(c). Indeed, the statute
`
`requires it. 35 U.S.C. § 327(b). Furthermore, the Board’s Order (Paper 22 at 3)
`
`authorized the parties to upload the settlement agreements as available to the
`
`Board and Parties only in order to protect the settlement agreements from being
`
`viewed by the public.
`
`The Parties hereby request that the settlement agreement filed herewith as
`
`Exhibit 1029 be treated as business confidential information, be kept separate
`
`from the file of the above captioned IPR, and be made available only to Federal
`
`Government agencies on written request, or to any person on a showing of good
`
`2
`
`
`
`Case PGR2017-00010
`U.S. Patent No. 9,326,381
`
`cause pursuant to 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(c). In view of the
`
`Parties’ request and the Board’s Order, the settlement agreement (Exhibit 1029)
`
`has been filed for access by the “Parties and Board Only.”
`
`
`
`Dated: February 5, 2018
`
`
`/Michael R. Houston for Hosang Lee/
`Hosang Lee
`Reg. No. 69,333
`McDermott Will & Emery LLP
`500 North Capitol St. N.W.
`Washington, D.C. 20001
`Phone: 202-756-8063
`hlee@mwe.com
`
`Lead Counsel for Patent Owner
`Samsung Electro-Mechanics Co., Ltd.
`
`
`
`
`
`Respectfully submitted,
`
`
`/Michael R. Houston/
`Michael R. Houston
`Reg. No. 58,486
`Foley & Lardner LLP
`3000 K. St. N.W.
`Washington, D.C. 20008
`Phone: 312-832-4378
`mhouston@foley.com
`
`Lead Counsel for Petitioner
`AVX Corporation
`
`
`3
`
`
`
`Case PGR2017-00010
`U.S. Patent No. 9,326,381
`
`
`
`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that the foregoing “JOINT REQUEST
`
`THAT SETTLEMENT AGREEMENT (EX. 1029) BE
`
`TREATED AS
`
`BUSINESS CONFIDENTIAL INFORMATION AND KEPT SEPARATE
`
`UNDER 35 U.S.C. § 327(b) AND 37 C.F.R. § 42.74(c)” was served on
`
`February 5, 2018, by filing this document through the PTAB E2E system as well
`
`as delivering a copy via electronic mail to the following attorneys of record for
`
`the patent owner:
`
`
`
`Hosang Lee HLee@mwe.com
`Bernard J. Knight BKnight@mwe.com
`Alexander P. Ott AOtt@mwe.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`By:
`
`/Michael R. Houston/
`
`Michael Houston
`Reg. No. 58,486
`Foley & Lardner LLP
`E-Mail: MHouston@foley.com
`
`Nicholas M. Lagerwall
`Reg. No. 63,272
`Foley & Lardner LLP
`E-Mail: nlagerwall@foley.com
`
`
`
`
`
`
`
`
`Dated: February 5, 2018
`
`
`
`
`
`
`
`
`
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
