`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`ENSIGN US SOUTHERN DRILLING LLC
`Petitioner
`v.
`C&M OILFIELD RENTALS, LLC
`D/B/A C-MOR ENERGY SERVICES
`Patent Owner of Record
`
`________________________
`Case No. IPR2023-00804
`
`Patent No. 10,976,016
`_______________________________
`
`
`JOINT REQUEST TO TREAT SETTLEMENT
`AGREEMENT AS BUSINESS CONFIDENTIAL
`INFORMATION PURSUANT TO 35 U.S.C. § 317(b) AND
`37 C.F.R. § 42.74(c)
`
`
`
`
`
`
`DMS 306579909v2
`
`
`
`IPR2023-00804
`JOINT REQUEST TO TREAT SETTLEMENT AGREEMENT AS BUSINESS
`CONFIDENTIAL INFORMATION
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Patent Owner
`
`C&M Oilfield Rentals, LLC d/b/a C-MOR Energy Services and Petitioner
`
`Ensign US Southern Drilling LLC (collectively, the “Parties”) jointly request to
`
`file Exhibit 1057, a true copy of the written settlement agreement between the
`
`Parties, as referenced in the Joint Motion to Terminate Proceeding, filed with
`
`this request, as business confidential information, which shall be kept separate
`
`from the file of the involved patent. The settlement agreement describes the
`
`confidential terms that resolve the Parties’ dispute, and the terms of the
`
`settlement agreement require that they be kept confidential. In accordance with
`
`37 C.F.R. 42.20(b), the Parties sought authorization to file this request, and the
`
`Board provided such authorization by email on April 25, 2024.
`
`The Parties jointly request that the settlement agreement be made
`
`available to only Federal Government agencies upon written request or to any
`
`other person upon written request and a showing of good cause. Given the
`
`highly sensitive nature of the settlement agreement, should a third party submit
`
`a written request to the Board for a copy of the settlement agreement, the Parties
`
`respectfully request a notification of the request and an opportunity to respond
`
`thereto. In view of this request, the settlement agreement has been filed for
`
`access by the “Parties and Board Only.”
`
`
`
`
`DMS 306579909v2
`
`2
`
`
`
`IPR2023-00804
`JOINT REQUEST TO TREAT SETTLEMENT AGREEMENT AS BUSINESS
`CONFIDENTIAL INFORMATION
`Respectfully Submitted,
`
`
`
`
`
`Dated: April 30, 2024
`
`
`/Gregory L. Porter/
`Gregory L. Porter, Reg. No. 40,131
`gregporter@andrewskurth.com
`Hunton Andrews Kurth LLP
`600 Travis Ste. 4200
`Houston, TX 77002
`Telephone: 713-449-9687
`Facsimile: 713-220-4285
`Attorneys for
`Petitioner Ensign US
`Southern Drilling LLC
`
`/Dion M. Bregman/
`Dion M. Bregman, Reg. No. 45,645
`Morgan, Lewis & Bockius LLP
`1400 Page Mill Road
`Palo Alto, CA 94304-1124
`T: 650-843-7519
`F: 650-843-4001
`Attorneys for Patent Owner
`C&M Oilfield Rentals, LLC
`d/b/a C-Mor Energy Services
`
`
`
`
`DMS 306579909v2
`
`3
`
`
`
`IPR2023-00804
`JOINT REQUEST TO TREAT SETTLEMENT AGREEMENT AS BUSINESS
`CONFIDENTIAL INFORMATION
`CERTIFICATE OF SERVICE ON PATENT OWNER
`UNDER 37 C.F.R. § 42.6
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on April 30,
`2024 the foregoing:
` JOINT REQUEST TO TREAT SETTLEMENT AGREEMENT
`AS BUSINESS CONFIDENTIAL INFORMATION
`
`
`was served via electronic filing with the Board and via Electronic Mail
`at the designated email for the practitioners of record for Patent Owner:
`
`MLB-CM-IPR-Team@morganlewis.com
`
`/Gregory L. Porter/
`Gregory L. Porter, Reg. No. 40,131
`
`ATTORNEY FOR PETITIONER
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`DMS 306579909v2
`
`4
`
`
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