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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ABILITY OPTO-ELECTRONICS TECHNOLOGY CO., LTD,
`Petitioner
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`v.
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`LARGAN PRECISION CO., LTD.,
`Patent Owner
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`IPR2020-01339
`IPR2020-01345
`IPR2020-01545
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`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)
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`Pursuant to 35 U.S.C. § 317(b), 37 C.F.R. § 42.74(c), and the Board’s
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`authorization received on March 5, 2021, Petitioner Ability Opto-Electronics
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`Technology Co., Ltd. (“Petitioner” or “Ability”) and Patent Owner Largan
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`Precision Co., Ltd. (“Patent Owner” or “Largan”) jointly request to treat as
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`business confidential information the true and complete copy of the settlement
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`materials (Confidential Exhibit 1050) between the parties, as referenced in the
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`parties’ Joint Motion to Terminate.
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`35 U.S.C. § 317(b) provides that:
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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.
`Likewise, 37 C.F.R. § 42.74(c) provides that:
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`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
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`1
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`(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
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`materials, is timely and in accordance with the foregoing authority. Therefore, the
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`parties request that the settlement materials (Confidential Exhibit 1050) (i) be
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`treated as business confidential information, (ii) be maintained separate from the
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`publicly available file of the involved patents, and (iii) shall be made available
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`only to Federal Government agencies on written request, or to persons showing
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`good cause on written request, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
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`§ 42.74(c).
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`Date: March 8, 2021
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`/s/ Matthew W. Johnson
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`Matthew W. Johnson (Reg. No. 59,108)
`JONES DAY
`500 Grant Street, Suite 4500
`Pittsburgh, PA 15219
`(412) 394-9524
`mwjohnson@jonesday.com
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`Attorney for Petitioner Ability Opto-
`Electronics Technology Co., Ltd.
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`Respectfully submitted,
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`/s/ Joseph F. Edell
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`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
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`Attorney for Patent Owner Largan
`Precision Co., Ltd.
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`2
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing Joint Request
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`to File Settlement Materials as Business Confidential Information and to Maintain
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`Said Materials Separate From the Public File Pursuant to 35 U.S.C. § 317(b) and
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`37 C.F.R. § 42.74(c) was served on March 8, 2021, by e-mailing copies to the
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`following counsel of record for Patent Owner Largan Precision Co., Ltd:
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`Joseph F. Edell (joe.edell.IPR@fischllp.com)
`Adam A. Allgood (adam.allgood@fischllp.com)
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`Date: March 8, 2021
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`/s/ Matthew W. Johnson
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`Matthew W. Johnson (Reg. No. 59,108)
`JONES DAY
`500 Grant Street, Suite 4500
`Pittsburgh, PA 15219
`(412) 394-9524
`mwjohnson@jonesday.com
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`Attorney for Petitioner Ability Opto-
`Electronics Technology Co., Ltd.
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