`1180 Peachtree Street NE
`21st Floor
`Atlanta, GA 30309
`
`404 892 5005 main
`
`Alana Mannige
`Associate
`mannige@fr.com
`404 724 2822 direct
`
`March 23, 2021
`
`VIA E-MAIL
`
`Charles E. Cantine
`Joseph Diamante
`Ray Jones
`DUNLAP BENNETT & LUDWIG
`349 5th Avenue
`New York, NY 10016
`
`Taylor F. Ford
`Dustin Mauser-Claassen
`Brian Medich
`KING, BLACKWELL, ZEHNDER & WERMUTH, P.A.
`25 E. Pine St., P.O. Box 1631
`Orlando, FL 32802-1631
`
`Re:
`
`D3D Technologies, Inc. v. Microsoft Corporation Case No. 6:20-cv-1699 (M.D. Fla.)
`
`Dear Counsel:
`
`I 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. 9,349,183. The table below lists
`grounds asserted by Microsoft Corporation (“Microsoft”) in an IPR petition challenging claims
`of this patent, along with the implicated claims against which the grounds are asserted. I write to
`inform you that Microsoft hereby stipulates that in the event the PTAB institutes an inter partes
`review including the grounds listed in the table against the corresponding claims listed in the
`table for those grounds (“Instituted Grounds”), Microsoft will not assert the Instituted Grounds
`against the corresponding claims listed in the table for those grounds in the above-captioned
`litigation (6:20-cv-1699).
`
`Patent No. Proceeding No.
`
`Claims
`
`Ground
`
`9,349,183
`
`IPR2021-00648 1, 5-7, 11-13, 17, 18 §102 and/or §103 over Jones
`
`9,349,183
`
`IPR2021-00648 2-5, 8-10, 14-16
`
`§103 over Jones in view of Schoolman
`
`9,349,183
`
`IPR2021-00648 1-18
`
`§103 over Murphy in view of Guang
`
`In so stipulating, Microsoft seeks to avoid multiple proceedings addressing the validity of these
`claims based on the Instituted Grounds. Rather, through this stipulation, Microsoft expresses its
`intention to have only the PTAB address the Instituted Grounds of invalidity of these
`claims. But, for the sake of clarity and to avoid any doubt, if the PTAB declines to institute any
`
`MICROSOFT 1021
`
`1
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`
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`March 23, 2021
`Page 2
`
`
`
`of the grounds identified herein, Microsoft reserves the right to assert such grounds in the above-
`captioned litigation (6:20-cv-1699). Additionally, even in the event of institution, Microsoft
`reserves its rights to continue to assert all grounds other than the Instituted Grounds.
`
`
`
`
`
`
`
`
`
`cc: Counsel of record
`
`
`Sincerely,
`
`Alana Mannige
`
`
`Attorney for Defendant
`Microsoft Corporation
`
`
`
`
`
`
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`2
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`March 23, 2021
`Page 3
`
`Appendix – Prior Art References Used in the Listed Grounds
`
`
`Reference Name
`
`Details
`
`Jones
`
`European Patent No. 1056049 A2 to Jones et al.
`
`Schoolman
`
`U.S. Patent No. 5,488,952 to Schoolman
`
`Murphy
`
`Guang
`
`PCT Publication WO 2007/059477 to Murphy et al.
`
`U.S. Pub. No. 2005/0148848 to Guang et al.
`
`
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`3
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