`
`HASTINGS
`
`1(202) 551-1871
`davidvalente@paulhastings.com
`
`April 18, 2023
`
`VIA E-MAIL
`
`Matthew Berkowitz
`Reichman Jorgensen Lehman & Feldberg LLP
`100 Marine Parkway, Suite 300
`Redwood Shores, CA 94065
`Email: mberkowitz@reichmanjorgensen.com
`
`Re:
`
`CardWare,Inc. v. Samsung Electronics Co., Ltd. et al., Case No. 2:22-cv-0141 (E.D. Tex.)
`
`Dear Mr. Berkowitz:
`
`LIPR2023-00210_|10,339,520
`LIPR2023-00211|10,339,520
`
`Wewrite regarding the following interpartes review (“IPR”) and post-grant review (“PGR”) proceedings
`involving Petitioner Samsung Electronics Co. Ltd. and Patent Owner CardWare Inc. (“CardWare’”):
`
`
`
`For each of the IPR and PGRproceedingsidentified in the table above, Samsung Electronics Co., Ltd.,
`and Samsung Electronics America,Inc. (collectively, “Samsung’”) hereby stipulate that, if that IPR or PGR
`proceedingis instituted, Samsungwill not pursue an invalidity defense in the E.D. Texaslitigation (2:22-
`cv-0141) with respect to the claims of the patent challenged in that IPR or PGR based on (i) any of the
`same groundsin thatinstituted IPR or PGRor (ii) any prior art reference that forms the basis of any
`groundin that instituted IPR or PGR.
`
`In so stipulating, Samsung seeks to avoid multiple proceedings addressing the validity of each of the
`indicated patents based on the same groundsor the same prior art references under 35 U.S.C. §§ 102 or
`103. Rather, consistent with Congressional intent, Samsung wishes the patentability of these patents
`over those grounds and references to be addressed at the PTAB. But, for the sake ofclarity and to avoid
`any doubt, for any IPR or PGR proceeding in which the PTAB declines institution, Samsung reserves the
`right to pursue in the E.D. Texas proceeding invalidity defenses based on any of the same grounds and
`prior art references relied uponin the Petition of the non-instituted IPR or PGR.
`
`CARDWARE EXHIBIT 2005
`
`SAMSUNG V. CARDWARE
`
`PGR2023-00013
`Page | of 2
`
`| Washington, DC 20036
`Paul Hastings LLP | 2050 M Street, N.W.
`t: #1.202.551.1700 1 www.paulhastings.com
`
`
`
`PAUL
`
`HASTINGS
`
`Matthew Berkowitz
`April 18, 2023
`Page 2
`
`Sincerely,
`
`/s/ David M. Valente
`
`David M. Valente
`for PAUL HASTINGS LLP
`
`DV
`
`CARDWARE EXHIBIT 2005
`
`SAMSUNG V. CARDWARE
`
`PGR2023-00013
`Page 2 of 2
`
`
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