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`HOUSTON, TEXAS
`77002-4995
`
`TEL +1 713.229.1234
`FAX +1 713.229.1522
`BakerBotts.com
`
`
`
`AUSTIN
`BEIJING
`BRUSSELS
`DALLAS
`DUBAI
`HONG KONG
`HOUSTON
`
`
`LONDON
`MOSCOW
`NEW YORK
`PALO ALTO
`RIO DE JANEIRO
`RIYADH
`WASHINGTON
`
`
`
`Roger Fulghum
`TEL: 713.229.1707
`FAX: 713.229.2707
`roger.fulghum@bakerbotts.com
`
`
`
`
`
`
`VIA EMAIL
`
`September 1, 2021
`
`Jason D. Cassidy
`Bailey A. Blaies
`Alexander A. Waldrop
`Christopher S. Stewart
`Xu Zhou
`Caldwell Cassidy Curry P.C.
`21 N. Pearl St., Suite 1200
`Dallas, TX 75201
`
`T. John Ward, Jr.
`Claire Abernathy Henry
`Ward, Smith & Hill, PLLC
`1507 Bill Owens Parkway
`Longview, TX 75604
`
`Re:
`
`Neo Wireless LLC v. Dell Technologies Inc. and Dell Inc., Case No.
`6:21-cv-0024 (WDTX)
`
`
`Dear Counsel:
`
`We write regarding a petition for inter partes review (IPR) being filed with the Patent Trial
`and Appeal Board (PTAB) to address the claims of U.S. Patent No. 10,075,941 (“’941 Patent).
`The table below lists grounds asserted by Dell Technologies Inc. and Dell Inc. (“Dell”) in an IPR
`petition (IPR2021-01468) challenging the ’941 Patent, along with the implicated claims against
`which the grounds are asserted. I write to inform you that Dell hereby stipulates that if the PTAB
`institutes an IPR based on Petitioner’s IPR Petition (IPR2021-01468) for the ’941 Patent,
`Petitioner will not assert any 35 U.S.C. § 102 or § 103 invalidity ground in this co-pending
`litigation (6:21-cv-0024) based on any of the primary or secondary references asserted in
`Petitioner’s IPR Petition. The references are listed in the second table below.
`
`Ground
`
`35 U.S.C. § 103 Combination
`
`Claim(s)
`
`1-14
`
`Walton ’269 in view of Li
`
`2 and 9
`
`Walton ’269 in view of Li and Gupta
`
`1, 3-8, 10-14
`
`PCT819 in view of Airy
`
`A1
`
`A2
`
`B1
`
`
`
`Active 66452924.1
`
`DELL EX. 1005
`
`1
`
`
`
`- 2 -
`
`September 1, 2021
`
`Reference
`
`Filing Date
`
`Publication Date
`
`Prior Art Under
`
`Walton ’269
`(USPN 9,473,269)
`
`Dec. 1, 2003
`
`
`Oct. 18, 2016 (Issue)
`
`102(e)
`
`Li
`(USPN 6,947,748)
`
`Dec. 15, 2000
`
`Aug. 29, 2002
`
`102(b)
`
`Gupta
`(US Pub 2004/0165683)
`
`Aug. 28, 2003
`
`
`PCT819
`(PCT Pub No. WO
`
`May 16, 2001
`
`
`Aug. 26, 2004
`
`102(e)
`
`Nov. 21, 2002
`
`102(b)
`
`02/093819)
`
`Airy
`(USPN 6,400,699)
`
`Sept. 12, 2000
`
`Jun. 4, 2002
`
`102(b)
`
`
`
`
`
`
`
`
`
`For the sake of clarity and to avoid any doubt, if the PTAB declines to institute any of the
`grounds identified herein, Dell reserves the right to assert such grounds in the litigation. Dell also
`reserves its rights to continue to assert all grounds other than the Instituted Grounds in the event
`of institution.
`
`Through this stipulation, Dell seeks to avoid multiple proceedings addressing the validity
`of the challenged claims based on the same primary or secondary references. Rather, through this
`stipulation, Dell expresses its intention to have only the PTAB address the Instituted Grounds of
`invalidity of these claims.
`
`
`Sincerely,
`
`Roger Fulghum
`
`
`Active 66452924.1
`
`2
`
`
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