`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
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`SONY CORPORATION
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`Petitioner,
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`v.
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`BROADCOM CORPORATION,
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`Patent Owner.
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`Patent No.: 7,616,955
`____________________
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`Inter Partes Review No. IPR2017-00461
`__________________________________________________________________
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`UNOPPOSED MOTION TO DISMISS THE PETITION
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`Unopposed Motion to Dismiss the Petition
`IPR2017-00461
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`Pursuant to 35 U.S.C. § 317(a), Sony Corporation (“Petitioner”) and
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`Broadcom Corporation (“Patent Owner”) jointly request termination of this inter
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`partes review (IPR) of U.S. Patent 7,616,955, Case No. IPR2017-00461.
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`Petitioner and Patent Owner have settled their disputes, and have reached
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`agreement to terminate this IPR. In accordance with 37 C.F.R. § 42.20(b), the parties
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`sought, and received via email, authorization from the Board to file this motion on
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`June 12, 2017.
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`Termination of this proceeding is proper for at least the following reasons:
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`• Petitioner and Patent Owner are jointly requesting termination. 77 Fed.
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`Reg. 48756, 48768 (Aug. 14, 2012) (“There are strong public policy
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`reasons to favor settlement between the parties to a proceeding.”).
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`• This IPR proceeding is in an early stage. Petitioner and Patent Owner have
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`not yet completed briefing, and Oral Argument has not taken place. The
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`Board has not yet “decided the merits of the proceeding before the request
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`for termination is filed.” 35 U.S.C. § 317(a) (emphasis added); 77 Fed.
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`Reg. 48768 (“The Board expects that a proceeding will terminate after the
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`filing of a settlement agreement, unless the Board has already decided the
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`merits of the proceeding.”). Because the Board has not yet decided the
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`merits of the proceeding at the time this motion for termination is filed,
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`2
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`Unopposed Motion to Dismiss the Petition
`IPR2017-00461
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`this supports the propriety of terminating this proceeding. 77 Fed. Reg.
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`48680, 48686 (Aug. 14, 2012).
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`• The pending district court litigation regarding the ’955 patent, Broadcom
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`Corp. et al. v. Sony Corp. et al., No. 16-cv-1052 (C.D. Cal. 2016), has been
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`settled as part of a broader settlement of disputes between the Patent
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`Owner and Petitioner.
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`• Broadcom states that there is no other pending litigation or proceeding
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`involving the ’955 Patent. Broadcom further states that there is no other
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`litigation or proceeding involving the ’955 Patent contemplated in the
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`foreseeable future.
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`• Termination of this proceeding would avoid further unnecessary legal
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`costs.
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`The settlement agreement between the parties has been made in writing, and
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`a true and correct copy has been filed as Exhibit 1009 to this motion as business
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`confidential information pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b)-
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`(c). The parties hereby certify that there are no collateral agreements or
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`understandings made in connection with, or in contemplation of, the termination of
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`the proceeding.
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`3
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`Date: June 14, 2017
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`/s/ Daniel S. Young
`Daniel S. Young, Reg. No. 48,277
`Chad E. King, Reg. No. 44,187
`SWANSON & BRATSCHUN, LLC
`8210 Southpark Terrace
`Littleton, CO 80120
`(303) 268-0066 (telephone)
`(303) 268-0065 (facsimile)
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`Counsel for Patent Owner
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`Unopposed Motion to Dismiss the Petition
`IPR2017-00461
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` Respectfully submitted,
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`/s/ Gregory S. Arovas
`Gregory S. Arovas, P.C. (Reg. No. 38,818)
`KIRKLAND & ELLIS LLP
`601 Lexington Avenue
`New York, NY 10022
`greg.arovas@kirkland.com
`Telephone: (212) 446-4800
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`Counsel for Petitioner
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`4
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`Unopposed Motion to Dismiss the Petition
`IPR2017-00461
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`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a copy of the foregoing document was served
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`on June 14, 2017 via email to the following addresses:
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`• dyoung@sbiplaw.com
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`• cking@sbiplaw.com
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`/s/ Gregory S. Arovas
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`5
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