`
`O’Melveny & Myers LLP
`Two Embarcadero Center
`28ᵗʰ Floor
`San Francisco, CA 94111-3823
`
`T: +1 415 984 8700
`F: +1 415 984 8701
`omm.com
`
`April 9, 2024
`
`VIA EMAIL
`
`
`
`
`
`Peter Lambrianakos
`Fabricant LLP
`411 Theodore Fremd Avenue, Suite
`206 South
`Rye, New York 10580
`plambrianakos@fabricantllp.com
`
`File Number:
`
`Bill Trac
`D: +1 415 984 8910
`btrac@omm.com
`
`
`
`Re: Multimodal Media LLC v. Samsung Electronics Co., Ltd. and Samsung Electronics
`America, Inc., Case No. 2:22-cv-00462-JRG-RSP
`
`Dear Peter:
`
`We write to inform you that Samsung Electronics Co., Ltd. and Samsung Electronics America,
`Inc. (“Samsung”) hereby stipulate as follows:
`
`If the Patent Trial and Appeal Board (“PTAB”) institutes the pending inter partes review (“IPR”)
`in IPR2024-00053 challenging the patentability of Claims 10-14 of U.S. Patent No. 8,107,978
`(the “’978 Patent”), then Samsung will not pursue as to the challenged claims any ground raised
`or that could have been reasonably raised in the IPR in the above-captioned district court Case
`2:22-cv-00462-JRG-RSP. See Sotera Wireless, Inc. v. Masimo Corp., IPR2020-01019, Paper
`12 at 16-19 (PTAB Dec. 1, 2020).
`
`If the PTAB institutes the pending IPR in IPR2024-00056 challenging the patentability of Claims
`1-2, 4-5, and 9 of U.S. Patent No. 7,929,949 (the “’949 Patent”), then Samsung will not pursue
`as to the challenged claims any ground raised or that could have been reasonably raised in the
`IPR in the above-captioned district court Case 2:22-cv-00462-JRG-RSP. Id.
`
`If the PTAB institutes the pending IPR in IPR2024-00063 challenging the patentability of Claims
`1-6, 8-15, and 17-19 of U.S. Patent No. 9,185,227 (the “’227 Patent”), then Samsung will not
`pursue as to the challenged claims any ground raised or that could have been reasonably
`raised in the IPR in the above-captioned district court Case 2:22-cv-00462-JRG-RSP. Id.
`
`If the PTAB institutes the pending IPR in IPR2024-00064 challenging the patentability of Claims
`1-14 of U.S. Patent No. 10,552,030 (the “’030 Patent”), then Samsung will not pursue as to the
`challenged claims any ground raised or that could have been reasonably raised in the IPR in the
`above-captioned district court Case 2:22-cv-00462-JRG-RSP. Id.
`
`Austin • Century City • Dallas • Houston • Los Angeles • Newport Beach • New York • San Francisco • Silicon Valley • Washington, DC
`Beijing • Brussels • Hong Kong • London • Seoul • Shanghai • Singapore • Tokyo
`
`Petitioner Exhibit 1055, Page 1 of 2
`
`
`
`
`
`This stipulation is not intended, and should not be construed, to limit Samsung’s ability to assert
`invalidity of the asserted claims of the ’978, ’949, ’227, or ’030 patents on any other ground
`(e.g., invalidity under 35 U.S.C. §§ 102 and 103 not available in IPR and under 35 U.S.C. §§
`101 and 112), regardless of whether IPRs are instituted. Further, Samsung reserves the right to
`pursue invalidity grounds encompassed by this stipulation in the district court litigation if the
`PTAB declines institution of the requested IPRs.
`
`
`
`Sincerely,
`
`/s/ Bill Trac
`
`Bill Trac
`
`
`
`
`
`
`
`2
`
`Petitioner Exhibit 1055, Page 2 of 2
`
`
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