`To:
`Cc:
`
`Subject:
`Date:
`
`Heintz, James M.
`John Hughes; Mieke Malmberg; Colibri@bartlit-beck.com
`Fowler, Mark; Grasso, Kathryn Riley; Ellison, Martin; Davis, James L., Jr.; Roth, Cassandra; Sarah Spires; Paul
`Skiermont
`[EXTERNAL] Stipulation Regarding IPRs
`Tuesday, December 22, 2020 2:46:38 PM
`
`EXTERNAL
`
`Counsel,
`
`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.
`
`Best wishes,
`
` James M. Heintz
`
`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.
`
`Colibri Heart Valve LLC, Exhibit 2017, Page 1 of 1
`
`
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