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`Paper No.
`Filed: July 6, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEALS BOARD
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`NFL ENTERPRISES LLC,
`Petitioner
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`v.
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`OPENTV, INC.
`Patent Owner
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`Case No.: IPR2017-02092
`Patent No. 6,233,736
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`JOINT REQUEST THAT SETTLEMENT AGREEMENT BE TREATED
`AS BUSINESS CONFIDENTIAL INFORMATION PURSUANT
`TO 35 U.S.C. § 317(b)
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`INTRODUCTION
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`IPR2017-02092
`Patent No. 6,233,736
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`Petitioner NFL Enterprises LLC and Patent Owner OpenTV, Inc., through
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`its affiliation with Nagravision S.A., have entered into a settlement agreement that
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`resolves all underlying disputes between the parties, including this proceeding. In
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`an Order dated June 28, 2018 (Paper 15), the Board authorized the parties to file a
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`joint motion to terminate and a joint request that the settlement agreement be
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`treated as business confidential information. As required by the Board, the parties
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`are submitting a true copy of the settlement agreement (Ex. 2001).
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`RELIEF REQUESTED
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`If requested, the rules permit the parties to have any filed settlement
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`agreement treated as business confidential information and kept separate from the
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`files of the involved patent. 37 C.F.R. § 42.74(c). Indeed, the statute requires it.
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`At the request of a party to the proceeding, the agreement or
`understanding shall be treated as business confidential
`information, shall be kept separate from the file of the involved
`patents, and shall be made available only to Federal
`Government agencies on written request, or to any person on a
`showing of good cause.
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`35 U.S.C. § 317(b).
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`Pursuant to 37 C.F.R. § 42.74(c) and 35 U.S.C. § 317(b), Petitioner and
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`Patent Owner jointly request that the Office treat the agreement (Exhibit 2001) as
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`1
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`IPR2017-02092
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`Patent No. 6,233,736
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`business confidential information, that the agreement be kept separate from the file
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`of the involved patent, and that the agreement be made available only to Federal
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`Government agencies on written request, or to other persons only on a showing of
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`good cause.
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`Dated: July 6, 2018
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`Jointly Submitted,
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`By: /Joshua L. Goldberg/
`Joshua L. Goldberg,
`Registration No. 59,369
`Lead Counsel for OpenTV
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`By: /Stephen C. Stout /
`Stephen C. Stout,
`Registration No. 61,326
`Lead Counsel for
`NFL Enterprises LLC
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`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a copy of the foregoing JOINT
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`IPR2017-02092
`Patent No. 6,233,736
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`REQUEST THAT SETTLEMENT AGREEMENT BE TREATED AS
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`BUSINESS CONFIDENTIAL INFORMATION PURSUANT TO 35 U.S.C.
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`§ 317(b) was served via e-mail on counsel of record for the Petitioner on July 6,
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`2018 at the following addresses:
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`Dated: July 6, 2018
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`Stephen C. Stout, Lead Counsel
`Hilary L. Preston, Back-up Counsel
`Rachel P. McClure, Back-up Counsel
`sstout@velaw.com
`hpreston@velaw.com
`rmcclure@velaw.com
`NFLE-IPR@velaw.com
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`By: /Lauren K. Young/
`Lauren K. Young
`Litigation Legal Assistant
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, L.L.P.
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`–3–
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