`2000 University Avenue
`East Palo Alto, California 94303-2250
`www.dlapiper.com
`
`Erik R. Fuehrer
`Erik.Fuehrer@dlapiper.com
`T 650.833.2045
`F 650.687.1243
`
`November 23, 2021
`ATTORNEY-CLIENT PRIVILEGE
`VIA E-MAIL BRIAN.MICHALEK@SAUL.COM
`
`Saul Ewing Arnstein & Lehr LLP
`Brian R. Michalek
`161 N. Clark St., Suite 4200
`Chicago, IL 60601
`
`Re:
`
`BillJCo, LLC v. Apple Inc.,
`Case No. 6:21-cv-00528 (W.D. Tex.)
`
`Dear Counsel:
`
`On behalf of Defendant Apple Inc. (“Defendant”) in the above-referenced case (“the Litigation”),
`
`we write regarding a petition for inter partes review (“IPR”) that Defendant intends to file with the Patent
`Trial and Appeal Board (“PTAB”) to address claims 1, 5, 13, 20, 21, 29, 30, 34, 42, and 49 of U.S. Patent
`
`No. 8,639,267 (the “Petition”) on November 23, 2021.
`
`We write to inform you that Defendant, as real party-in-interest (“RPI”) in the Petition, hereby
`stipulates that in the event the PTAB institutes an IPR based on the Petition, Defendant will not seek
`
`resolution in the Litigation of any ground of invalidity pursued in the instituted Petition.
`
`By so stipulating, Defendant seeks to avoid multiple proceedings addressing the validity of claims
`1, 5, 13, 20, 21, 29, 30, 34, 42, and 49 of U.S. Patent No. 8,639,267 based on the instituted grounds in
`
`the Petition. Defendant requests that the patentability of these claims over the grounds presented in the
`
`Petition to be addressed at the PTAB. For the sake of clarity and to avoid any doubt, if the PTAB declines
`to institute an IPR based on the Petition, Defendant reserves the right to pursue the non-instituted
`
`grounds from the denied Petition in this litigation. Additionally, even in the event of institution, Defendant
`
`reserves their right in the Litigation to rely on any prior art and prior art combinations other than the
`
`instituted grounds in the Petition.
`
`Best regards,
`
`Erik R. Fuehrer
`
`ERF:
`
`WEST\296722321.1
`
`APPLE
`EXHIBIT 1011 - PAGE 0001
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
