`
`
`Michael N. Rader
`mrader@wolfgreenfield.com
`direct dial 617.646.8370
`
`
`April 6, 2021
`
`Re: Koss Corp. v. Bose Corp., Case No. 6:20-cv-00661 (W.D. Tex.)
`
`Bose Corp. v. Koss Corp., Case No. 1:20-cv-12193 (D. Mass.)
`
`Stipulations Regarding Prior Art
`
`VIA EMAIL
`darlene.ghavimi@klgates.com
`
`Darlene F. Ghavimi
`K&L GATES LLP
`2801 Via Fortuna, Suite #350
`Austin, TX 78746
`
`
`
`
`
`Dear Darlene and K&L Gates team:
`
`
`I write regarding the petitions for inter partes review (IPR) that Bose Corporation
`(“Bose”) has filed against the United States patents-in-suit in the above-listed district court
`litigations (the “litigations”). Bose stipulates as follows:
`
`If the Patent Trial and Appeal Board (PTAB) institutes an IPR trial on the grounds
`presented by Bose in IPR2021-00297 (which challenges claims of U.S. Patent No.
`10,368,155, “the ’155 patent”), Bose will not seek resolution within the litigations of any
`ground of invalidity with respect to the claims of the ’155 patent that uses, as a primary
`prior art reference, any of the following prior art references that are relied upon as
`primary prior art references in IPR2021-00297:
`o PCT Publication No. WO2009/126614
`o U.S. Patent Application Publication No. 2007/0165875
`o U.S. Patent Application Publication No. 2003/0223604
`
`(cid:120)
`
`
`
`
`
`
`
`(cid:120)
`
`If the Patent Trial and Appeal Board (PTAB) institutes an IPR trial on the grounds
`presented by Bose in IPR2021-00612 (which challenges claims of U.S. Patent No.
`10,206,025, “the ’025 patent”), Bose will not seek resolution within the litigations of any
`ground of invalidity with respect to the claims of the ’025 patent that uses, as a primary
`prior art reference, any of the following prior art references that are relied upon as
`primary prior art references in IPR2021-00612:
`o U.S. Patent Application Publication No. 2007/0165875
`o U.S. Patent No. 7,072,686
`
`605 Third Avenue, New York, NY 10158
`600 Atlantic Avenue, Boston, MA 02210
`212.697.7890
`617.646.8000
`www.wolfgreenfield.com
`
`Bose Exhibit 1097
`Bose v. Koss
`IPR2021-00297
`
`
`
`Darlene F. Ghavimi
`April 6, 2021
`Page 2
`
`(cid:120)
`
`If the Patent Trial and Appeal Board (PTAB) institutes an IPR trial on the grounds
`presented by Bose in IPR2021-00680 (which challenges claims of U.S. Patent No.
`10,469,934, “the ’934 patent”), Bose will not seek resolution within the litigations of any
`ground of invalidity with respect to the claims of the ’934 patent that uses, as a primary
`prior art reference, any of the following prior art references that are relied upon as
`primary prior art references in IPR2021-00680:
`o U.S. Patent Application Publication No. 2007/0165875
`o U.S. Patent No. 7,072,686
`
`In so stipulating, Bose seeks to avoid multiple proceedings addressing the validity of the
`patents-in-suit based on the same grounds. Rather, consistent with Congressional intent, Bose
`wishes for the patentability of the above-identified Koss patents-in-suit over one or more of the
`above-identified primary prior art reference to be addressed by the PTAB. But, for the sake of
`clarity and to avoid any doubt, if the PTAB declines institution of any of the above Bose IPR
`petitions, Bose reserves the right to pursue the grounds from such denied petition(s) in the
`litigations.
`
`
`If you have any questions, please do not hesitate to call me.
`
`
`
`
`
`
`
`
`
`Very truly yours,
`
`WOLF, GREENFIELD & SACKS, P.C.
`
`Michael N. Rader
`
`
`
`
`MNR/nmg
`
`
`
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