`
`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. 10,491,982, 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 the 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.
`2008/0076489 (“Rosener”), 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 January
`4, 2021 (IPR2021-00381) 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, Rosener, which is the primary
`reference in the grounds asserted in the January 4, 2021 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
`
`APPLE 1021
`
`1
`
`
`
`March 22, 2021
`Page 2
`
`intent, Apple wishes the patentability of these patents over grounds in which Rosener
`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 both of Apple’s IPR petitions
`relating to the ’982 Patent, Apple reserves the right to pursue any such grounds in this
`litigation. Additionally, if the PTAB declines institution of one of Apple’s IPR
`petitions relating to the ’982 Patent, Apple reserves the right to use Rosener in this
`litigation as a primary reference against the claims solely at issue in the non-instituted
`IPR petition.
`
`Sincerely,
`
`/s/ Doug Winnard
`Doug Winnard
`Goldman Ismail Tomaselli Brennan & Baum LLP
`
`2
`
`
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