`Sent:
`To:
`Cc:
`
`Subject:
`
`Counsel,
`
`Heintz, James M. <jim.heintz@dlapiper.com>
`Tuesday, December 22, 2020 3:46 PM
`John Hughes; Mieke Malmberg; Colibri@bartlit-beck.com
`Fowler, Mark; Grasso, Kathryn Riley; Ellison, Martin; Davis, James L., Jr.; Roth, Cassandra;
`sspires@skiermontderby.com; pskiermont@skiermontderby.com
`Stipulation Regarding IPRs
`
`[EXTERNAL]
`
`Medtronic stipulates that, if the Patent Trial and Appeal Board institutes inter partes review on IPR2020‐01453, then
`Medtronic will not pursue in the corresponding district court case the specific grounds identified in the Petition in
`IPR2020‐01453 in connection with the ’294 patent claims challenged in the Petition, or on any other ground that was
`raised or could have been reasonably raised as to these claims in an IPR (i.e., any ground that was raised or could have
`been reasonably raised under Sections 102 or 103 on the basis of prior art patents or printed publications).
`
`Medtronic stipulates that, if the Patent Trial and Appeal Board institutes inter partes review on IPR2020‐01454, then
`Medtronic will not pursue in the corresponding district court case the specific grounds identified in the Petition in
`IPR2020‐01454 in connection with the ’739 patent claims challenged in the Petition, or on any other ground that was
`raised or could have been reasonably raised as to these claims in an IPR (i.e., any ground that was raised or could have
`been reasonably raised under Sections 102 or 103 on the basis of prior art patents or printed publications).
`
`This stipulation is not intended, and should not be construed, to limit Medtronic’s ability to assert invalidity of the
`asserted claims of the ’294 Patent and ’739 Patent in the district court case on any other ground, regardless of whether
`inter partes review is instituted.
`
`James M. Heintz
`
`Best wishes,
`
`Partner
`
`T +1 703 773 4148
`F +1 703 773 5008
`M +1 202 997 7461
`jim.heintz@us.dlapiper.com
`
`DLA Piper LLP (US)
`dlapiper.com
`
`The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended
`recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure,
`dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this
`communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to
`postmaster@dlapiper.com. Thank you.
`
`Medtronic Exhibit 1025
`Medtronic Corevalve v. Colibri Heart Valve
`IPR2020-01453
`Page 00001
`
`
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