`
`Filed on behalf of Supercell Oy
`
`By:
`JENNIFER R. BUSH, Reg. No. 50,784
`BRIAN M. HOFFMAN, Reg. No. 39,713
`MICHAEL J. SACKSTEDER (pro hac vice)
`KEVIN X. McGANN, Reg. No. 48,793
`GREGORY A. HOPEWELL, Reg. No. 66,012
`GEOFFREY R. MILLER (pro hac vice)
`ERIC Y. ZHOU, Reg. No. 68,842
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`Telephone: 650.988.8500
`Facsimile: 650.938.5200
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SUPERCELL OY,
`Petitioner
`
`v.
`
`GREE, INC.,
`Patent Owner.
`
`
`Case No. PGR2020-00067
`U.S. Patent No. 10,398,978 B2
`_____________
`
`PETITIONER AND PATENT OWNER’S JOINT STATEMENT CLARIFYING
`ITS JOINT MOTION TO TERMINATE POST GRANT REVIEW
`
`
`
`
`PGR2020-00067
`Joint Statement Clarifying Motion to Terminate
`
`
`On September 10, 2020, Petitioner Supercell Oy (“Petitioner”) and GREE,
`
`Inc. (“Patent Owner”) (collectively, “the Parties”) jointly filed a Joint Motion to
`
`Terminate requesting termination of PGR2020-00067, noting that the Parties “have
`
`reached a settlement agreement.” See PGR2020-00067 at Paper 6. The Parties file
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`this Joint Statement to clarify that the parties do not have a “written settlement
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`agreement.” Rather, the parties have only a stipulated dismissal of the Parties’
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`claims and defenses with respect to, inter alia, U.S. Patent No. 10,398,978, the
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`subject patent challenged in PGR2020-00067, in the parallel district court
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`proceeding regarding the same. A copy of that stipulated dismissal, titled
`
`“Stipulation of Partial Dismissal of Counts V, VIII, and IX,” was filed with the Joint
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`Motion to Terminate filed on September 10. See Ex. 1020. Aside from Exhibit 1020,
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`there is no other written agreement or understanding between the Parties made in
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`connection with, or in contemplation of, the termination of this proceeding.
`
`
`
`Dated: September 11, 2020
`
`Respectfully submitted,
`
`KILPATRICK TOWNSEND LLP
`
`FENWICK & WEST LLP
`
`
`
`/John C. Alemanni/
`John C. Alemanni
`Reg. No. 47,384
`Attorneys for Patent Owner GREE, Inc.
`
`
`/Brian M. Hoffman/
`Brian M. Hoffman
`Reg. No. 39,713
`Attorneys for Petitioner Supercell Oy
`
`
`
`1
`
`
`
`PGR2020-00067
`Joint Statement Clarifying Motion to Terminate
`
`
`CERTIFICATION OF SERVICE ON PATENT OWNER
`
`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on September 11,
`
`2020, a copy of the foregoing document, PETITIONER AND PATENT
`
`OWNER’S JOINT STATEMENT CLARIFYING ITS JOINT MOTION TO
`
`TERMINATE POST GRANT REVIEW was served on Patent Owner’s lead and
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`backup counsel in their entirety by electronic service by email at the email addresses
`
`provided below:
`
`John C. Alemanni
`Kilpatrick Townsend & Stockton LLP
`4208 Six Forks Road, Suite 1400
`Raleigh, NC 27609
`jalemanni@kilpatricktownsend.com
`
`Kasey E. Koballa
`Kilpatrick Townsend & Stockton LLP
`607 14th Street, N.W., Suite 900
`Washington, D.C. 20005
`kkoballa@kilpatricktownsend.com
`
`
`
`Andrew W. Rinehart
`Kilpatrick Townsend & Stockton LLP
`1001 West Fourth Street
`Winston-Salem, NC 27101
`arinehart@kilpatricktownsend.com
`
`
`
`Dated: September 11, 2020
`
`FENWICK & WEST LLP
`
`/Brian M. Hoffman/
`Brian M. Hoffman
`Reg. No. 39,713
`Attorneys for Petitioner Supercell Oy
`
`
`
`
`Fenwick & West LLP
`555 California Street, 12th Floor
`San Francisco, CA 94104
`
`2
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`