`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`ABILITY OPTO-ELECTRONICS TECHNOLOGY CO., LTD,
`Petitioner
`
`v.
`
`LARGAN PRECISION CO., LTD.,
`Patent Owner
`
`
`IPR2020-01339
`IPR2020-01345
`IPR2020-01545
`
`
`
`JOINT REQUEST TO FILE SETTLEMENT MATERIALS
`AS BUSINESS CONFIDENTIAL INFORMATION AND TO MAINTAIN
`SAID MATERIALS SEPARATE FROM THE PUBLIC FILE PURSUANT
`TO 35 U.S.C. § 317(b) AND 37 C.F.R. § 42.74(c)
`
`
`
`
`
`
`
`
`
`
`
`
`
`Pursuant to 35 U.S.C. § 317(b), 37 C.F.R. § 42.74(c), and the Board’s
`
`authorization received on March 5, 2021, Petitioner Ability Opto-Electronics
`
`Technology Co., Ltd. (“Petitioner” or “Ability”) and Patent Owner Largan
`
`Precision Co., Ltd. (“Patent Owner” or “Largan”) jointly request to treat as
`
`business confidential information the true and complete copy of the settlement
`
`materials (Confidential Exhibit 1050) between the parties, as referenced in the
`
`parties’ Joint Motion to Terminate.
`
`35 U.S.C. § 317(b) provides that:
`
`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.
`Likewise, 37 C.F.R. § 42.74(c) provides that:
`
`A party to a settlement may request that the settlement be
`treated as business confidential information and be kept
`separate from the files of an involved patent or
`application. The request must be filed with the
`settlement. If a timely request is filed, the settlement
`shall only be available:
`(1) To a Government agency on written request to the
`Board; or
`
`
`
`1
`
`
`
`
`
`(2) To any other person upon written request to the Board
`to make the settlement agreement available, along with
`the fee specified in § 42.15(d) and on a showing of good
`cause.
`The present request, which is being filed concurrently with the settlement
`
`materials, is timely and in accordance with the foregoing authority. Therefore, the
`
`parties request that the settlement materials (Confidential Exhibit 1050) (i) be
`
`treated as business confidential information, (ii) be maintained separate from the
`
`publicly available file of the involved patents, and (iii) shall be made available
`
`only to Federal Government agencies on written request, or to persons showing
`
`good cause on written request, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
`
`§ 42.74(c).
`
`Date: March 8, 2021
`
`/s/ Matthew W. Johnson
`
`Matthew W. Johnson (Reg. No. 59,108)
`JONES DAY
`500 Grant Street, Suite 4500
`Pittsburgh, PA 15219
`(412) 394-9524
`mwjohnson@jonesday.com
`
`Attorney for Petitioner Ability Opto-
`Electronics Technology Co., Ltd.
`
`Respectfully submitted,
`
`/s/ Joseph F. Edell
`
`Joseph F. Edell (Reg. No. 67,625)
`FISCH SIGLER LLP
`5301 Wisconsin Avenue NW
`Fourth Floor
`Washington, DC 20015
`(202) 362-3524
`Joe.Edell.IPR@fischllp.com
`
`Attorney for Patent Owner Largan
`Precision Co., Ltd.
`
`
`
`
`
`
`2
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Joint Request
`
`to File Settlement Materials as Business Confidential Information and to Maintain
`
`Said Materials Separate From the Public File Pursuant to 35 U.S.C. § 317(b) and
`
`37 C.F.R. § 42.74(c) was served on March 8, 2021, by e-mailing copies to the
`
`following counsel of record for Patent Owner Largan Precision Co., Ltd:
`
`Joseph F. Edell (joe.edell.IPR@fischllp.com)
`Adam A. Allgood (adam.allgood@fischllp.com)
`
`
`
`
`
`
`
`
`Date: March 8, 2021
`
`
`/s/ Matthew W. Johnson
`
`Matthew W. Johnson (Reg. No. 59,108)
`JONES DAY
`500 Grant Street, Suite 4500
`Pittsburgh, PA 15219
`(412) 394-9524
`mwjohnson@jonesday.com
`
`Attorney for Petitioner Ability Opto-
`Electronics Technology Co., Ltd.
`
`
`
`
`
`
`
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