`
`WHEREAS Leon Stambler has filed a proceeding against MasterCard
`
`Incorporated (D/B/A MasterCard Worldwide) and MasterCard International Incorporated (the
`
`"MasterCard Defendants"), in the United States District Court for the Southern District Of
`
`Florida, with docket number 14-60830-CIV-MOORE (the "District Court Action"), alleging
`
`infringement of U.S. Patent No. 5,793,302 (the '302 Patent);
`
`WHEREAS MasterCard International Inc. has filed two Covered Business
`
`Method Review petitions in the Patent Trial and Appeal Board (PT AB) with docket numbers
`
`CBM2015-00013 and CBM2015-00044 relating to the '302 Patent; and
`
`WHEREAS the MasterCard Defendants and Leon Stambler (the "Parties") desire
`
`to streamline these proceedings;
`
`THE PARTIES THEREFORE STIPULATE AND AGREE AS FOLLOWS:
`
`1.
`
`The Parties shall jointly request termination of the CBM2015-00013 in the PTAB,
`
`without prejudice to proceeding CBM2015-00044;
`
`2.
`
`MasterCard shall not assert invalidity of the '302 Patent in the District Court
`
`Action based on the grounds of invalidity under 35 U.S.C. § 101 and/or 35 U.S.C. § 112 that
`
`MasterCard actually raised in the petition filed in the CBM2015-00013 proceeding.
`
`MasterCard, Exh. 1022, p. 1
`
`
`
`M3•:£h.~~' 2~1?_
`
`7
`
`(
`
`/
`
`(.,--/
`
`v
`
`Edward R. Nelson, III
`/ ..
`(Admitted Pro Hae Vice)
`Texas State Bar No. 00797142
`Barry J. Bumgardner
`(Admitted Pro Hae Vice)
`Texas State Bar No. 00793424
`Nelson Bumgardner, P.C.
`3131 West t 11 Street, Suite 300
`Fort Wo1th, Texas 76107
`(817)377-9111
`(817) 377-3485 (fax)
`ed@nelbum.com
`bany@nel bum. corn
`
`Joshua B. Spector (FBN 0584142)
`Perlman, Bajandas, Yevoli & Albright, PL
`1000 Brickell A venue, Suite 600
`Miami, FL 33131
`Telephone: (305) 377-0086
`Facsimile: (305) 377-0781
`jspector@pbyalaw.com
`
`COUNSEL FOR LEON ST AMBLER
`
`ACCEPTED AND AGREED TO BY:
`
`Robert C. Scheinfold
`Email: Robert.Scheinfeld@bakerbotts.com
`Christopher R. Patrick
`Email: Christopher.Patrick@bakerbotts.com
`Baker Botts L.L.P.
`30 Rockefelle1' Plaza, 44th Floor
`New York, New York 10112-4498
`Telephone: 212.408.2500
`Facsimile: 212.408.2501
`
`Eliot D. Williams
`Email: Eliot. Williams@bakerbotts.com
`Baker Botts L.L.P.
`1001 Page Mill Rd.
`Bldg. 1, Ste 200
`Palo Alto, CA 94304-1007
`Telephone: 650-739-7500
`
`COUNSEL FOR MASTERCARD
`INCORPORATED AND
`MASTERCARD INTERNATIONAL
`INCORPORATED
`
`2
`
`MasterCard, Exh. 1022, p. 2
`
`
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