`Direct Dial: +1.202.637.2267
`max.grant@lw.com
`
`October 9, 2020
`
`VIA EMAIL
`
`Justin A. Nelson
`Susman Godfrey L.L.P.
`1000 Louisiana
`Suite 5100
`Houston, TX 77002-5096
`E: jnelson@susmangodfrey.com
`
`555 Eleventh Street, N.W., Suite 1000
`Washington, D.C. 20004-1304
`Tel: +1.202.637.2200 Fax: +1.202.637.2201
`www.lw.com
`
`FIRM / AFFILIATE OFFICES
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`Re: Green Mountain Glass, LLC et al. v. O-I Glass, Inc. et al.,
`Case No. 6:19-cv-00600-ADA (W.D. Tex.)
`
`Dear Justin:
`
`Defendants O-I Glass, Inc. and Owens-Brockway Glass Container, Inc. (“Defendants”)
`hereby stipulate that, if the Patent Trial and Appeal Board (“PTAB”) institutes the pending inter
`partes review petition in IPR2020-01068 challenging the patentability of claims 1-26 of U.S.
`Patent Number 5,718,737, then Defendants will not pursue the instituted invalidity grounds in the
`above-captioned litigation, 6:19-cv-00600.
`
`For convenient reference, the proposed invalidity grounds in IPR2020-01068 are:
`• Claims 1-26 are unpatentable under 35 U.S.C. § 103 over Duckett (“The
`Influence of Color Mixture on the Use of Glass Cullet Recovered from Municipal
`Solid Waste”), alone or with Tooley (“The Handbook of Glass Manufacture, 3rd
`Edition”).
`
`To avoid any doubt, if the PTAB declines institution of IPR2020-01068, Defendants
`reserve the right to pursue these invalidity grounds in the parallel litigation.
`
`Best Regards,
`
`/s/ Maximilian A. Grant
`
`Maximilian A. Grant
`of LATHAM & WATKINS LLP
`
`cc: Service List
`
`O-I Glass, Inc.
`Exhibit 1072
`O-I Glass v. Culchrome
`IPR2020-01068
`Ex. 1072-001
`
`
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