`Exhibit 2013
`IPR2024-00084
`IPR2024-00084
`
`
`
`Case 9:22-cv-81726-AHS Document 76 Entered on FLSD Docket 05/30/2024 Page 1 of 2
`
`UNITED STATES DISTRICT COURT FOR THE
`SOUTHERN DISTRICT OF FLORIDA
`
`SYSTEM STORMSEAL PTY LTD and
`STORMSEAL USA, LLC,
`
` Plaintiffs/Counterclaim Defendants,
`
`C.A. NO. 9:22-cv-81726-AHS
`
`
`
`v.
`
`ABC SUPPLY CO., INC., MULE-HIDE
`PRODUCTS CO., INC., and STRUCTURAL
`WRAP, LLC,
`
` Defendants/Counterclaim Plaintiffs.
`
`JOINT STIPULATION
`
`Plaintiffs/Counterclaim Defendants System Stormseal Pty Ltd. and Stormseal USA, LLC
`
`(collectively, “Plaintiffs” or “Stormseal”) and Defendant/Counterclaim Plaintiff Structural Wrap,
`
`LLC (“Structural Wrap”), pursuant to Federal Rule of Civil Procedure 41(c), in an effort to narrow
`
`and streamline this case, hereby stipulate as follows:
`
`
`
`
`
`
`
`
`
`Structural Wrap and System Stormseal Pty Ltd. have agreed to file a joint motion
`with the Patent Trial and Appeal Board (“PTAB”) to terminate IPR2024-00084
`relating to U.S. Patent No. 11,168,484 (the ’484 Patent). The ’484 Patent is the
`patent that Stormseal has accused Structural Wrap of infringing in this litigation.
`
`Upon PTAB’s termination of IPR2024-00084, Structural Wrap dismisses its Third
`Counterclaim, Infringement of U.S. Patent No. 11,041,312 with prejudice.
`
`Structural Wrap concedes infringement of claim 1 of the ’484 Patent. This
`stipulation is subject to Structural Wrap’s challenge to the validity of claims 1-3
`of the ’484 Patent.
`
`If the parties’ Joint Motion to Terminate IPR2024-00084 is granted by the PTAB,
`Structural Wrap’s Sotera stipulation (D.E. 71-2 and Exhibit 1022 in the IPR
`proceeding) will be deemed withdrawn and Structural Wrap will be permitted to
`pursue in this proceeding invalidity arguments within the scope of the April 3,
`2024 Report of David G. Smith.
`
`Exhibit 2013, Page 1 of 2
`IPR2024-00084
`
`
`
`Case 9:22-cv-81726-AHS Document 76 Entered on FLSD Docket 05/30/2024 Page 2 of 2
`
` Dated: May 30, 2024
`
`DUANE MORRIS LLP
`
`SANCHELIMA & ASSOCIATES, P.A.
`
`/s Christian Sanchelima
`Christian Sanchelima
`chris@sanchelima.com
`Florida Bar No. 107751
`Liany Estevez
`estevez@sanchelima.com
`Florida Bar No. 1024902
`Sanchelima & Associates, P.A.
`235 SW 42nd Ave.
`Miami, FL 33134
`Tel: (305) 447-1617
`Fax: (305) 445-8484
`
`Attorneys for Defendant/Counterclaim
`Plaintiff
`
`/s/ Harvey W. Gurland, Jr.
`Harvey W. Gurland, Jr., Esq.
`Florida Bar No. 284033
`DUANE MORRIS LLP
`201 South Biscayne Boulevard
`Suite 3400
`Miami, FL 33131
`Tel: 305.960.2200
`HWGurland@duanemorris.com
`PNMendoza@duanemorris.com
`JMagarin@duanemorris.com
`
`David J. Wolfsohn (pro hac vice)
`DJWolfsohn@duanemorris.com
`Joseph Powers (pro hac vice)
`JAPowers@duanemorris.com
`Tyler Marandola (pro hac vice)
`TMarandola@duanemorris.com
`DUANE MORRIS LLP
`30 S. 17th Street
`Philadelphia, PA 19103
`Tel: (215) 979-1000
`Fax:
`(215) 979-1020
`
`Attorneys for Plaintiffs/Counterclaim
`Defendants
`
`2
`
`Exhibit 2013, Page 1 of 2
`IPR2024-00084
`
`

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