`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`IN RE NEO WIRELESS, LLC
`PATENT LITIG.
`
`NEO WIRELESS, LLC
`
`v.
`
`VOLKSWAGEN GROUP OF
`AMERICA, INC., ET AL.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`2:22-MD-03034-TGB
`
`HON. TERRENCE G. BERG
`
`
`
`
`
`2:22-CV-11404-TGB
`
`HON. TERRENCE G. BERG
`
`NOTICE OF STIPULATION REGARDING CLAIM CONSTRUCTION
`In the parties’ Joint Claim Construction Statement filed on January 18,
`
`
`
`
`
`
`
`2023 (Dkt. 114), Defendants Volkswagen Group of America, Inc. and
`
`Volkswagen Group of America Chattanooga Operations, LLC (“Volkswagen”)
`
`noted in a footnote to Exhibits A and B that they do not take a position on the
`
`claim constructions proposed by the other parties to this Multi-District Litigation.
`
`Plaintiff Neo Wireless, LLC (“Neo”) noted its objection in footnotes to the same
`
`document.
`
`
`
`Since that filing, Volkswagen and Neo have met and conferred regarding
`
`the dispute, and have agreed to resolve the dispute and clarify Volkswagen’s
`
`position by entering the following stipulation:
`
`
`
`1
`
`
`
`Case 2:22-md-03034-TGB ECF No. 120, PageID.8901 Filed 01/25/23 Page 2 of 3
`
`1. Volkswagen will be bound by and will not challenge the Court’s claim
`
`constructions regarding U.S. Patent Nos. 8,467,366; 10,075,941;
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`10,447,450; 10,771,302; 10,833,908; or 10,965,512 issued in the above-
`
`referenced district court matters, and waives any right to appeal the claim
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`constructions issued by Judge Berg in those matters on these patents;
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`2. In any IPR proceedings filed or joined by Volkswagen against U.S. Patent
`
`Nos. 8,467,366; 10,075,941; 10,447,450; 10,771,302; 10,833,908; or
`
`10,965,512 (including but not limited to IPR2022-01537, IPR2022-01538,
`
`IPR2022-01539, IPR2022-01567, IPR2023-00086, and IPR2023-00426),
`
`should the Patent Trial and Appeal Board adopt any claim construction that
`
`was also proposed by the parties in the above-referenced MDL and adopted
`
`by Judge Berg, Volkswagen will not challenge those constructions by the
`
`PTAB and also waives any right to appeal those claim constructions.
`
`The parties below so stipulate.
`
`Date: January 25, 2023
`
`/s/Daniel E. Yonan
`Susan M. McKeever
`Justin B. Weiner
`Bush Seyferth PLLC
`100 West Big Beaver Road
`Suite 400
`Troy, MI 48084
`(248) 822-7851
`mckeever@bsplaw.com
`weiner@bsplaw.com
`
`
`
`2
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Jason D. Cassady
`Jason D. Cassady
`Texas State Bar No. 24045625
`Email: jcassady@caldwellcc.com
`Christopher S. Stewart
`Texas State Bar No. 24079399
`Email: cstewart@caldwellcc.com
`Daniel R. Pearson
`Texas State Bar No. 24070398
`Email: dpearson@caldwellcc.com
`
`
`
`Case 2:22-md-03034-TGB ECF No. 120, PageID.8902 Filed 01/25/23 Page 3 of 3
`
`Daniel E. Yonan
`Deirdre M. Wells
`Ryan C. Richardson
`William H. Milliken
`Anna G. Phillips
`Sterne, Kessler, Goldstein & Fox P.L.L.C
`1100 New York Avenue NW
`Suite 600
`Washington, DC 20005
`(202) 371-2600
`dyonan@sternekessler.com
`dwells@sternekessler.com
`rrichardson@sternekessler.com
`wmilliken@sternekessler.com
`aphillips@sternekessler.com
`
`Counsel for Defendants Volkswagen
`Group of America, Inc. and Volkswagen
`Group of America Chattanooga
`Operations, Inc.
`
`
`
`
`Bailey A. Blaies
`Texas State Bar No. 24109297
`Email: bblaies@caldwellcc.com
`CALDWELL CASSADY CURRY
`P.C.
`2121 N. Pearl St., Suite 1200
`Dallas, Texas 75201
`Telephone: (214) 888-4848
`Facsimile: (214) 888-4849
`
`Jaye Quadrozzi (P71646)
`YOUNG, GARCIA &
`QUADROZZI, PC
`2775 Stansbury Blvd., Suite 125
`Farmington Hills, MI 48334
`Telephone: (248) 353-8620
`Email: quadrozzi@youngpc.com
`
`Attorneys for Plaintiff
`NEO WIRELESS, LLC
`
`
`CERTIFICATE OF SERVICE
`The undersigned certifies that on January 25, 2023, the foregoing document
`
`
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`was filed electronically with the Clerk of Court using the CM/ECF system, which
`
`will send notification of such filing to all attorneys of record.
`
`/s/ Jason D. Cassady
`Jason D. Cassady
`
`
`
`
`
`3
`
`
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