`
`
`RFCYBER CORP.,
`
`
`
`v.
`
`Plaintiff,
`
`
`GOOGLE LLC and GOOGLE PAYMENT
`CORP.,
`
`
`
`
`
`RFCYBER CORP.,
`
`Defendants.
`
`Plaintiff,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`Case No. 2:20-cv-00274-JRG
`(LEAD CASE)
`
`JURY TRIAL DEMANDED
`
`
`
`Case No. 2:20-cv-00335-JRG
`(MEMBER CASE)
`
`JURY TRIAL DEMANDED
`
`
`
`SAMSUNG ELECTRONICS CO. LTD and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`Defendants.
`
`v.
`
`
`
`
`
`
`
`
`DEFENDANTS’ CONTINGENT ELECTION REGARDING INVALIDITY DEFENSES
`
`Defendants Samsung Electronics America, Inc. (“SEA”) and Samsung Electronics Co.,
`
`Ltd. (“SEC”) (collectively, “Samsung”) will file petitions for inter partes review (“IPR”) against
`
`U.S. Patent Nos. 8,118,218, 8,448,855, 9,189,787, and 9,240,009.
`
`Samsung hereby stipulates that, unless a change of law allows otherwise (e.g., a Federal
`
`Circuit decision; an act of Congress), for those patents for which the United States Patent &
`
`Trademark Office Patent Trial and Appeal Board institutes an IPR, Samsung will not pursue in
`
`this litigation the specific grounds asserted in the instituted IPR or “any other ground … that was
`
`raised or could have been reasonably raised in [that] IPR (i.e., any ground that could be raised
`
`IPR2022-00413
`Apple EX1005 Page 1
`
`
`
`Case 2:20-cv-00274-JRG Document 60 Filed 06/08/21 Page 2 of 3 PageID #: 1318
`
`under §§ 102 or 103 on the basis of prior art patent or printed publications).” Sotera Wireless,
`
`Inc. v. Masimo Corp., IPR2020-01019, Paper 12 at 18-19 (PTAB Dec. 1, 2020) (precedential).
`
`
`
`Dated: June 8, 2021
`
`
`
`
`
`
`
`
`
`
`/s/ Allan A. Kassenoff
` Richard Edlin
`Allan A. Kassenoff
`Rose Cordero Prey
`Jeffrey R. Colin
`GREENBERG TRAURIG, LLP
`MetLife Building, 200 Park Avenue
`New York, NY 10002
`Telephone: (212) 801-9200
`Facsimile: (212) 801-6400
`Email: edlinr@gtlaw.com
`Email: kassenoffa@gtlaw.com
`Email: preyr@gtlaw.com
`Email: colinj@gtlaw.com
`
`Melissa R. Smith
`Bar No. 24001351
`GILLAM & SMITH LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`Email: melissa@gillamsmithlaw.com
`
`Attorneys for Defendants
`Samsung Electronics Co., Ltd. and Samsung
`Electronics America, Inc.
`
`2
`
`IPR2022-00413
`Apple EX1005 Page 2
`
`
`
`Case 2:20-cv-00274-JRG Document 60 Filed 06/08/21 Page 3 of 3 PageID #: 1319
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on this 8th day of June 2021, all counsel of record who are
`
`deemed to have consented to electronic service are being served with a copy of this document
`
`through the Court’s CM/ECF system under Local Rule CV-5(a)(3).
`
`
`
`
`
`
`
`
`
`
`
`/s/ Melissa R. Smith
`Melissa R. Smith
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`IPR2022-00413
`Apple EX1005 Page 3
`
`
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