`400 South Hope Street
`18th Floor
`
`Los Angeles, CA 90071
`
`T: +1 213 430 6000
`F: +1 212 430 6407
`omm.com
`
`July 16, 2021
`
`VIA E-MAIL
`
`Michael Songer
`Michael.songer@whitecase.com
`White & Case LLP
`701 Thirteenth Street, NW
`Washington DC, 20005
`
`File Number: 0409095-00070
`
`Clarence A. Rowland
`D: +1 213 430 7245
`crowland@omm.com
`
`Re:
`
`StratosAudio, Inc. v. Hyundai Motor America, - Case No. 6:20-cv-01125-ADA
`
`Dear Michael:
`
`We write to inform you that Hyundai Motor America (“HMA”) hereby stipulates that if the PTAB
`institutes inter partes review for HMA’s concurrently filed IPR petition challenging U.S. Patent
`8,166,081 (the “’081 Patent”), then HMA will not pursue invalidity against StratosAudio’s
`presently asserted claims of the ’081 Patent in the District Court proceeding captioned above
`using any obviousness ground which includes the primary references in that petition, referred to
`therein as “Noreen” and “Ellis-2005.” HMA reserves the right to present invalidity in the District
`Court proceeding on other bases.
`
`To be clear, this stipulation does not encompass any arguments regarding the proper priority
`date or dates of alleged invention of the ’081 Patent claims. Accordingly, HMA reserves the
`right to make arguments regarding the priority date of the ’081 Patent. This stipulation does not
`apply to any claims other than the ’081 Patent claims challenged in the above-captioned IPR
`that are also presently asserted in District Court, nor does it apply to any claims of any other
`patent. Additionally, the primary references identified above may be included in Hyundai’s
`invalidity contentions to preserve its rights in the event that, for example, the above-captioned
`IPR does not go forward.
`
`Sincerely,
`
`Clarence A. Rowland
`O’MELVENY & MYERS LLP
`
`Century City • Los Angeles • Newport Beach • New York • San Francisco • Silicon Valley • Washington, DC
`Beijing • Brussels • Hong Kong • London • Seoul • Shanghai • Singapore • Tokyo
`
`StratosAudio Exhibit 2011
`Volkswagen v StratosAudio
`IPR2021-00721
`Page 1 of 1
`
`
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