`New York, NY 10022
`United States
`
`+1 212 446 4800
`
`www.kirkland.com
`
`January 29, 2021
`
`Facsimile:
`+1 212 446 4900
`
`Greg Arovas, P.C.
`To Call Writer Directly:
`+1 212 446 4766
`greg.arovas@kirkland.com
`
`Via E-mail
`
`Theodore Stevenson, III
`tstevenson@mckoolsmith.com
`McKool Smith, P.C.
`300 Crescent Court, Suite 1500
`Dallas, TX 75201
`
`Re:
`
`Ericsson Inc. et al. v. Samsung Electronics Co., Ltd., et. al., Civil Action
`No. 2:20-cv-00380-JRG (E.D. Tex.)
`
`Dear Counsel:
`
`We write regarding a petition for inter partes review (IPR) being filed with the Patent Trial and
`Appeal Board (PTAB) to address claims of U.S. Patent No. 9,532,355. We write to inform you
`that Samsung Electronics Co., Ltd. (“Samsung”) hereby stipulates that, if the PTAB institutes the
`IPR petition on the grounds presented (a table of which is reproduced below), then Samsung and
`its Samsung co-defendants will not pursue those same instituted grounds or grounds based on the
`same primary reference in the above-captioned litigation, 2:20-cv-00380-JRG (E.D. Tex.).
`
`Ground
`1A
`
`1B
`
`1C
`1D
`1E
`
`Claims
`1-2, 9-13, 15-17, 23-24, 29-
`36
`3
`
`4, 14
`6, 7, 19-21, 26-27
`8, 22, 28
`
`Prior Art Basis of Ground1
`Lee-746 in view of R2-072183
`
`Lee-746 in view of R2-072183 and R2-
`071911
`Lee-746 in view of R2-072183 and Muhkerjee
`Lee-746 in view of R2-072183 and Classon
`Lee-746 in view of R2-072183 and R2-
`
`1 See Appendix for abbreviations.
`
`Beijing Boston Chicago Dallas Hong Kong Houston London Los Angeles Munich Palo Alto Paris San Francisco Shanghai Washington, D.C.
`
`1
`
`SAMSUNG 1031
`
`
`
`Theodore Stevenson, III
`January 29, 2021
`Page 2
`
`
`
`
`
`
`
`Ground
`
`Claims
`
`Prior Art Basis of Ground1
`
`1F
`
`14
`
`071762
`Lee-746 in view of R2-072183 and Lee-668
`
`
`
`In so stipulating, Samsung seeks to avoid multiple proceedings addressing the validity of
`the challenged claims of the patent based on the same grounds. Rather, consistent with
`Congressional intent, Samsung wishes the patentability of this patent over those grounds to be
`addressed at the Board. But, for the sake of clarity and to avoid any doubt, if the PTAB declines
`institution, Samsung reserves the right to pursue the grounds of the IPR in this litigation.
`
`Sincerely,
`
`/s/ Greg Arovas, P.C.
`
`Greg Arovas, P.C.
`Kirkland & Ellis LLP
`
`
`
`
`
`cc:
`
`Counsel of record
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`Theodore Stevenson, III
`January 29, 2021
`Page 3
`
`
`
`
`
`Appendix – Prior Art References Used in the Listed Grounds
`
`
`Reference Name
`Lee-746
`Lee-668
`Muhkerjee
`Classon
`R2-072183
`
`R2-071911
`
`R2-071762
`
`Details
`U.S. Patent Application Publication No. 2010/0167746 to Lee et al.
`U.S. Patent Application Publication No. 2008/0285668 to Lee et al.
`U.S. Patent Application Publication No. 2007/0263528 to Mukherjee
`U.S. Patent Application Publication No. 2007/0064669 to Classon et al.
`System Information, R2-072183, 3GPP TSG RAN WG2#58, 07-11 May
`2007
`System information structure (with TP), R2-071911, 3GPP TSG-RAN
`WG2 Meeting #58, 7-11 May 2007
`Scheduling of D-BCH, R2-071762, 3GPP TSG-RAN WG2 #58, 7-11
`May 2007
`
`
`
`
`
`
`
`
`
`3
`
`
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