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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`———————
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`———————
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`GOOGLE LLC.,
`Petitioner
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`v.
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`RFCyber Corp.,
`Patent Owner
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`———————
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`U.S. Patent No. 10,600,046
`PGR2021-00028
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`JOINT MOTION TO TERMINATE
`PURSUANT TO 35 U.S.C. § 317 AND 37 C.F.R. § 42.74
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`Joint Motion to Terminate
`PGR2021-00028 / U. S. Patent 10,600,046
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`Pursuant to 37 C.F.R § 42.74 and the authorization provided by the Board on
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`October 18, 2021, Petitioner Google LLC (“Petitioner”) and Patent Owner RFCyber
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`Corp. (“Patent Owner”) jointly request termination of this proceeding, PGR2021-
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`00028, directed to Patent No. 10,600,046 (“the ’046 patent”).
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`Petitioner and Patent Owner have settled their dispute regarding the ’046
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`patent, including both this proceeding and Patent Owner’s assertion of the ’046
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`patent in the related district court litigation, RFCyber Corp. v. Google LLC and
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`Google Payment Corp., Case No. 2:20-cv-00274-JRG (E.D. Tex.). The parties do
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`not anticipate further litigation between them concerning the ’046 patent. The parties
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`are also requesting termination of the related proceeding in PGR2021-00029. There
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`are no other related proceedings currently before the Board.
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`Good cause exists to terminate this proceeding because the parties have settled
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`their dispute regarding the ’046 patent and the proceeding is still at an early stage.
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`Terminating the proceeding now would thus serve the interests of judicial economy
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`as well as the mutual interest of the parties.
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`A true and correct copy of the parties’ settlement agreement will be filed as
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`GOOG-1051, along with a joint motion to treat the settlement agreement as business
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`confidential information.
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`2
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`Dated: October 19, 2021
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`Joint Motion to Terminate
`PGR2021-00028 / U. S. Patent 10,600,046
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`Respectfully submitted,
`
`
`
`/Andrew S. Ehmke /
`Andrew S. Ehmke
`Registration No. 50,271
`Lead Counsel for Petitioner
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`
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`/Vincent J. Rubino, III/
`Vincent J. Rubino, III
`Registration No. 68,594
`Lead Counsel for Patent Owner
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`3
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`Joint Motion to Terminate
`PGR2021-00028 / U. S. Patent 10,600,046
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`CERTIFICATE OF SERVICE
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`The undersigned certifies, in accordance with 37 C.F.R. § 42.6(e)(4), that
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`service was made on Patent Owner as detailed below.
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`October 19, 2021
`Date of service
`Manner of service Electronic Service: vrubino@fabricantllp.com;
` plambrianakos@fabricantllp.com;
` ffabricant@fabricantllp.com;
` eiturralde@fabricantllp.com;
` rcowell@fabricantllp.com
` ptab@fabricantllp.com
`Documents served Joint Motion to Terminate, GOOG-1051
`Vincent J. Rubino, III
`Persons served
`Peter Lambrianakos
`Alfred R. Fabricant (subject to motion to appear pro hac vice)
`Enrique W. Iturralde
`Richard Cowell
`FABRICANT LLP
`411 Theodore Fremd Road, Suite 206 South
`Rye, New York 10580
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`Respectfully submitted,
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`
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`/Andrew S. Ehmke/
`Andrew S. Ehmke
`Registration No. 50,271
`Lead Counsel for Petitioner
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`4
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