`33 Arch Street
`26th Floor
`Boston, Massachusetts 02110-1447
`www.dlapiper.com
`
`Larissa S. Bifano
`Larissa.Bifano@dlapiper.com
`T 617.406.6013
`
`July 13, 2022
`VIA E-MAIL
`david.liston@listonabramson.com
`docket@listonabramson.com
`
`MR. DAVID G. LISTON
`LISTON ABRAMSON LLP
`THE CHRYSLER BUILDING
`405 LEXINGTON AVE, 46TH FLOOR
`NEW YORK, NEW YORK 10174
`
`Re: WAG Acquisition, LLC v. The Walt Disney Company et al, 2-21-cv-08230(CDCA)
`
`Dear Mr. Liston:
`
`I write regarding the petition for inter partes review (IPR) being filed with the Patent Trial and
`Appeal Board (PTAB) to challenge the validity of the claims in U.S. Patent No. 9,762,636. The
`table below lists the grounds of invalidity being asserted by The Walt Disney Company, Disney
`Streaming Services LLC, and Hulu LLC (collectively “Petitioner”) in the IPR.
`
`Patent No.
`
`Proceeding No.
`
`Claims
`
`Grounds
`
`9,762,636
`
`IPR2022-01227
`
`1-12
`
`§ 103(a) over Carmel.
`
`9,762,636
`
`IPR2022-01227
`
`1-12
`
`§ 103(a) over Carmel in view of Shteyn.
`
`Petitioner hereby stipulates that in the event the PTAB institutes an inter partes review including
`the grounds listed in the table against the corresponding claims, Petitioner will not assert in the
`above-captioned litigation the same invalidity grounds asserted in the IPR, or any other ground
`that Petitioner reasonably could have raised in the IPR petition, against the corresponding claims.
`
`In so stipulating, Petitioner seeks to avoid multiple proceedings addressing the validity of these
`claims based on the instituted grounds. Rather, through this stipulation, Petitioner expresses its
`intention to have only the PTAB address the instituted grounds of invalidity of these claims. But,
`for the sake of clarity and to avoid any doubt, if the PTAB declines to institute any of the
`grounds identified herein, Petitioner reserves the right to assert such grounds in the above
`captioned litigation. Additionally, even in the event of institution, Petitioner reserves its rights to
`
`IPR2022-01227
`EXHIBIT 1027 - PAGE 0001
`
`
`
`July 13, 2022
`Page Two
`
`assert in the above-captioned litigation any invalidity theory that could not have been raised in an
`inter partes review proceeding.
`
`Best regards,
`
`Larissa S. Bifano
`
`LSB:
`
`IPR2022-01227
`EXHIBIT 1027 - PAGE 0002
`
`
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