`312.881.5954
`mpieja@goldmanismail.com
`
`March 7, 2021
`
`VIA E-MAIL AND U.S. MAIL
`
`Darlene F. Ghavimi
`K&L GATES LLP
`2801 Via Fortuna, Suite #350
`Austin, TX 78746
`darlene.ghavimi@klgates.com
`
`Re:
`
`Koss Corporation v. Apple Inc., Case No. 6:20-cv-00665
`
`Dear Ms. Ghavimi:
`
`We write regarding the petition for inter partes review (IPR) filed against the patent in suit, U.S.
`Patent No. 10,298,451, in the above-captioned litigation. We write to inform you that Apple Inc.
`hereby stipulates that if the Patent Trial and Appeal Board (PTAB) institutes this petition on the
`grounds presented, then Defendant, Apple Inc. (“Apple”), will not seek resolution within this
`litigation of any ground of invalidity that utilizes, as a primary reference, US Patent Application
`Publication No. 2007/0033197 (“Scherzer”), which is the primary reference in the grounds
`asserted in the IPR petition.
`
`Apple hereby further stipulates that if the PTAB institutes the petition filed on November 25, 2020
`(IPR2021-00255) on the grounds presented, which are directed against the same patent in suit,
`Apple will not seek resolution within the litigation of any ground of invalidity that utilizes, as a
`primary reference, US Patent No. 9,021,108 (“Brown”), which is the primary reference in the
`grounds asserted in the November 25, 2020 petition.
`
`In so stipulating, Apple seeks to avoid multiple proceedings addressing the validity of the patents
`in suit based on the same grounds. Rather, consistent with Congressional intent, Apple wishes
`the patentability of these patents over grounds in which Scherzer or Brown is the primary
`reference to be addressed at the Board. But, for the sake of clarity and to avoid any doubt, if the
`PTAB declines institution of Apple’s IPR petition relating to the ‘451 Patent, Apple reserves the
`right to pursue any such grounds in this litigation.
`
`Chicago 200 South Wacker Drive, 22nd Floor Chicago, IL 60606
`Dallas 3131 Turtle Creek, Suite 1210 Dallas, TX 75219
`Santa Monica 429 Santa Monica Boulevard, Suite 710 Santa Monica, CA
`
` goldmanismail.com
`
`APPLE 1022
`
`1
`
`
`
`March 7, 2021 Page 2
`
`Sincerely,
`
`__________________
`Michael Pieja
`Goldman Ismail Tomaselli Brennan & Baum
`
` goldmanismail.com
`
`2
`
`
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