`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
`
`December 22, 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, 2, 5, 20, 24, 25, 28, and 43 of U.S. Patent No.
`
`9,088,868 (the “Petition”) on December 22, 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, 2, 5, 20, 24, 25, 28, and 43 of U.S. Patent No. 9,088,868 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 its 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\296986686.1
`
`APPLE
`EXHIBIT 1011 - PAGE 0001
`
`
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