`
`Fish & Richardson P.C.
`1000 Maine Avenue, S.W.
`Suite 1000
`Washington, DC 20024
`202 783 5070 main
`202 783 2331 fax
`
`Daniel Tishman
`Principal
`tishman@fr.com
`+1 (202) 626-7725 direct
`
`
`
`
`
`
`January 8, 2024
`
`
`VIA E-MAIL
`
`Fabricant LLP
`411 Theodore Fremd Avenue, Suite 206 South
`Rye, New York 10580
`Phone: 212-257-5797
`
`Mckool Smith, P.C.
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`Phone: 903-923-9000
`
`
`Re:
`
`Advanced Coding Technologies LLC v. Samsung Electronics Co., Ltd. et al., Case
`No. 2:22-cv-00499-JRG (E.D. Tex.)
`
`
`Dear Counsel:
`
`Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. (collectively,
`“Samsung”) has filed an inter partes review (IPR) petition (IPR2024-00372) with the Patent
`Trial and Appeal Board (PTAB) to address the validity of claims 2-4 and 11 of U.S. Patent No.
`10,218,995 (“the ’995 Patent”).
`
` I
`
` write to inform you that Samsung hereby stipulates that if the PTAB institutes IPR2024-00372,
`Samsung agrees not to pursue any grounds raised in the petition, or any grounds Samsung could
`have reasonably raised in the petition, in this district court litigation or any parallel proceeding.
`Sotera Wireless, Inc. v. Masimo Corp., Case IPR2020-01019, Paper 12 (PTAB Dec. 1, 2020).
`For the sake of clarity and to avoid any doubt, if the PTAB declines to institute IPR2024-00372,
`Samsung reserves the right to assert any grounds of invalidity in the District Court proceedings
`against the ’995 Patent.
`
`Sincerely,
`
`
`
`Daniel Tishman
`Attorney for Samsung
`
`
`1
`
`SAMSUNG-1028
`
`
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