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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.,
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`Petitioner
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`v.
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`ZENTIAN LIMITED,
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`Patent Owner
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`Case No. IPR2023-00033
`U.S. Patent No. 7,587,319 B2
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`NOTICE OF PETITIONER STIPULATION
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`Responsive to the Board’s April 14, 2023, email authorization to file this
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`Notice, Petitioner Apple Inc. hereby submits the following “Sotera” stipulation in
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`view of Director Vidal’s Interim Procedure for Discretionary Denials in AIA Post-
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`Grant Proceedings with Parallel District Court Litigation, Dated June 21, 2022
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`(Interim Guidance):
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`If the instant IPR is instituted, Petitioner will not pursue in the parallel district
`court proceeding the same grounds as in the Petition or any grounds that could
`have reasonably been raised in the pending Petition.
`In view of this stipulation and given Director Vidal’s Interim Guidance,
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`Petitioner respectfully submits the Board should not discretionarily deny institution
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`of the present IPR under § 314(a) based on the Fintiv factors. See Apple Inc. v. Fintiv,
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`Inc., IPR2020-00019, 2-3, 6 (PTAB Mar. 20, 2020) (precedential). Specifically, one
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`component of the Interim Guidance clarifies that “the PTAB will not discretionarily
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`deny institution of an IPR or PGR in view of parallel district court litigation where
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`a petitioner stipulates not to pursue in a parallel district court proceeding the same
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`grounds as in the petition or any grounds that could have reasonably been raised in
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`the petition.” Interim Guidance, 7.
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`Respectfully submitted,
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`BY: /s/ Jennifer C. Bailey
`Jennifer C. Bailey, Reg. No. 52,583
`Adam P. Seitz, Reg. No. 52,206
`Adam M. Sandwell, Reg. No. 72,484
`COUNSEL FOR PETITIONER
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`CERTIFICATE OF SERVICE ON PATENT OWNER
`UNDER 37 C.F.R. § 42.6
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on April 17,
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`2023, the foregoing Notice of Petitioner Stipulation was served via electronic filing
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`with the Board and via Electronic Mail on the following practitioners of record for
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`Patent Owner:
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`Peter C. Knops (peter@noroozipc.com)
`Kayvan B. Noroozi (kayvan@noroozipc.com)
`Katherine Rhoades (katherine.rhoades@bartlitbeck.com)
`Nevin Gewertz (nevin.gewertz@bartlitbeck.com)
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`/s/ Jennifer C. Bailey
`Jennifer C. Bailey, Reg. No. 52,583
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`ATTORNEY FOR PETITIONER
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