PUBLIC VERSION
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`
`
`In the Matter of
`
`CERTAIN ACTIVE MATRIX
`ORGANIC LIGHT-EMITTING DIODE
`DISPLAY PANELS AND MODULES
`FOR MOBILE DEVICES, AND
`COMPONENTS THEREOF
`
`
`
`ORDER NO. 43:
`
`
`Inv. No. 337-TA-1351
`
`
`INITIAL DETERMINATION GRANTING JOINT MOTION TO
`TERMINATE AS TO RESPONDENTS MOBILESENTRIX AND
`MOBILE DEFENDERS ON THE BASIS OF CONSENT ORDER
`STIPULATION AND PROPOSED CONSENT ORDER AND TO
`LIMIT SERVICE OF BINDING SETTLEMENT TERM SHEET
`
`
`
`(December 20, 2023)
`
`On November 16, 2023, Complainant Samsung Display Co., Ltd. (“Complainant”) and
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`Respondents Apt-Ability LLC d/b/a MobileSentrix and Mobile Defenders, LLC (collectively,
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`“MobileSentrix”) moved (1351-015) to terminate the investigation as to MobileSentrix based on
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`a consent order stipulation, proposed consent order, and a binding settlement term sheet. EDIS
`
`Doc. ID 808821 (“Mot.”). Complainant and MobileSentrix (hereinafter, “Moving Parties”) filed a
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`revised public version of the motion on November 24, 2023. See EDIS Doc. ID 809203.
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`On November 27, 2023, Respondent Mianyang BOE Optoelectronics Co., Ltd (“Mianyang
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`BOE”) opposed the motion. See EDIS Doc. ID 809829. The Commission Investigative Staff
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`(“Staff”) also opposed the motion. EDIS Doc. ID 809895 (“Staff Resp.”). In Order No. 40, I
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`directed the Moving Parties to confer regarding the redactions to the Binding Settlement Term
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`Sheet. Id. at 1. I also gave the Moving Parties the opportunity to address Staff’s concerns regarding
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`the Consent Order Stipulation and Proposed Consent Order. Id.
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`1
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`PUBLIC VERSION
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`The Moving Parties filed a joint submission on December 13, 2023. EDIS Doc. ID. 810325
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`(“Joint Submission”). In this submission, they explained that “Complainant served a confidential
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`version of the binding settlement term sheet with fewer redactions on all parties.” Joint Submission
`
`at 1. The Moving Parties also filed declarations regarding their redactions, as well as revised
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`versions of the consent order stipulation and proposed consent order. Id. at 2. After receiving the
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`Joint Submission, Mianyang BOE stated that it “no longer opposes the joint motion to terminate.”
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`EDIS Doc. ID 810535. Staff also filed a response, noting that the Consent Order Stipulation and
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`Proposed Consent Order identify claims that are no longer in this Investigation, but stating that it
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`otherwise does not oppose the motion to terminate. EDIS Doc. ID 810538 at 2 (“Staff Supp.
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`Resp.”).1
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`In accordance with Commission Rule 210.21(c)(1)(ii), MobileSentrix has entered into a
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`Consent Order Stipulation and a Proposed Consent Order, attached hereto as Exhibits 1 and 2.
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`Commission Rule 210.21(c)(3) sets forth certain requirements for the contents of a consent order
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`stipulation. See 19 C.F.R. § 210.21(c)(3). The Consent Order Stipulation submitted by the Moving
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`Parties complies with the requirements of Commission Rule 210.21(c)(3). See Ex. 1; see also Staff
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`Resp. at 3-5; Staff Supp. Resp. Specifically, MobileSentrix agrees that upon entry of the Consent
`
`Order:
`
`[MobileSentrix] shall not sell for importation, import, or sell after importation the
`Accused Products, unless licensed by Complainant, directly or indirectly, and shall
`not aid, abet, encourage, participate in, or induce the sale for importation, the
`importation, or the sale after importation except under express consent or license
`from Complainant.
`
`
`
`1 I understand Staff’s concern regarding the terminated claims. These claims were terminated after
`the moving parties filed their motion to terminate. See Order No. 39 (Dec. 7, 2023). It is therefore
`understandable that these claim terms remain in the agreed-upon documents. It is not unexpected
`that some claims will later be terminated that are included in previously agreed-upon consent
`orders and consent order stipulations.
`
`
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`2
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`PUBLIC VERSION
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`Upon entry of the Consent Order, [MobileSentrix] will dispose of and will not sell
`or use within the United States or otherwise transfer (other than exportation out of
`the customs territory of the United States) any existing domestic inventories of the
`Accused Products except under the consent or license from Complainant.
`
`Consent Order Stip. at ¶¶ 3-4. Pursuant to Commission Rule 210.21(c)(3)(i), MobileSentrix also
`
`agrees to:
`
`(1) admit all jurisdictional facts;
`
`(2) waive all rights to seek judicial review or otherwise challenge or contest the
`validity of the Consent Order;
`
`
`(3) cooperate with and not seek to impede by litigation or other means the
`Commission’s efforts to gather information under Subpart I of 19 C.F.R. Part
`210; and
`
`(4) enforcement, modification, or revocation of the Consent Order will be carried
`out pursuant to Subpart I of 19 C.F.R. Part 210, incorporating by reference
`the Commission’s rules of Practice and Procedure.
`
`
`
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`Id. at ¶¶ 1, 5-7
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`
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`Because this is an intellectual property-based investigation and in accordance with
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`Commission Rule 210.21(c)(3)(ii), the Consent Order Stipulation also states:
`
`(1)
`
`
`
`(2)
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`If the Asserted Claims of the Asserted Patents have expired or are held invalid
`or unenforceable by a court or agency of competent jurisdiction, or if the
`Accused Products2 have been found or adjudicated not to infringe the asserted
`right in a final decision, no longer subject to appeal, the Consent Order shall
`become null and void as to such expired, invalid, or unenforceable patents or
`as to the Accused Products;
`
`[MobileSentrix] will not seek to challenge the validity of the Asserted Patents
`in any administrative or judicial proceeding to enforce the Consent Order.
`
`
`Id. at ¶¶ 9-10.
`
`
`2 The Consent Order Stipulation defines “Accused Products” as “certain AMOLED display panels
`and modules that are used as replacement displays for mobile devices, and components thereof”
`that infringe the asserted patents. Ex. 1 at 1.
`
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`PUBLIC VERSION
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`
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`Additionally, Commission Rule 210.21(c)(4) sets forth certain requirements for the
`
`contents of the consent order. See 19 C.F.R. § 210.21(c)(4). The Proposed Consent Order
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`submitted by the Moving Parties complies with the requirements of Commission Rule
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`210.21(c)(4). See Ex. 2; see also Staff Resp. at 5-8; Staff Supp. Resp.
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`Complainant and MobileSentrix have also entered into a Binding Settlement Term Sheet.
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`A copy of the agreement is attached hereto as Exhibit 3. Consistent with 19 C.F.R. § 210.21(b)(1)
`
`and 19 C.F.R. § 210.21(c), Complainant and MobileSentrix confirm that “there are no other
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`agreements, written or oral, express or implied, between them relating to the subject matter of this
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`investigation.” Mot. at 2.
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`In any initial determination terminating an investigation by settlement agreement or
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`consent order, the administrative law judge is directed to consider and make appropriate findings
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`regarding the effect of the proposed settlement on the public health and welfare, competitive
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`conditions in the United States economy, production of like or directly competitive articles in the
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`United States, and United States consumers. 19 C.F.R. § 210.50(b)(2). The Moving Parties assert:
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`“Termination as to [MobileSentrix] will serve the public interest, which favors the early resolution
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`of disputes to avoid needless litigation and to conserve public and private resources, and will
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`promote administrative economy by obviating the need for a determination as to [MobileSentrix].”
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`Mot. at 2. Staff likewise states that it “is unaware of any public interest concern weighing against
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`termination of the MobileSentrix Respondents” and agrees with the movants that termination “is
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`in the public interest, which favors settlement to avoid needless litigation and to conserve public
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`resources.” Staff Resp. at 8. I agree and find that termination of the investigation as to
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`MobileSentrix does not impose any undue burdens on the public health and welfare, competitive
`
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`PUBLIC VERSION
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`conditions in the United States economy, production of like or directly competitive articles in the
`
`United States, or United States consumers.
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`Accordingly, it is my initial determination that the motion (1351-015) to terminate the
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`investigation as to MobileSentrix is GRANTED.3 This initial determination, along with supporting
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`documentation, is hereby certified to the Commission.
`
`Pursuant to Commission Rule 210.42(h), this initial determination shall become the
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`determination of the Commission unless a party files a petition for review of the initial
`
`determination pursuant to Commission Rule 210.43(a), or the Commission, pursuant to
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`Commission Rule 210.44, orders, on its own motion, a review of the initial determination or certain
`
`issues herein. 19 C.F.R. § 210.42(d).
`
`Within seven days of the date of this document, the parties shall submit to the Office of the
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`Administrative Law Judges a joint statement as to whether they seek to have any portion of this
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`document deleted from the public version. If the parties do seek to have portions of this document
`
`deleted from the public version, they must submit to this office a copy of this document with red
`
`brackets indicating the portion or portions asserted to contain confidential business information.
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`The submission should be emailed by the aforementioned date and need not be filed with the
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`Commission Secretary.
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`
`
`
`
`
`
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`3 The Moving Parties request that service of the confidential Binding Settlement Term Sheet be
`limited to the settling parties and Staff. Mot. at 1-2. Staff and Mianyang BOE do not oppose this
`request. Staff Supp. Resp. at 2; EDIS Doc. ID 810535. Pursuant to Commission Rule 210.21(b)(1),
`and there being no opposition, the Moving Parties’ request is GRANTED, and service of the
`confidential version of the agreement will be limited to the Moving Parties and Staff.
`
`
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`5
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`PUBLIC VERSION
`PUBLIC VERSION
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`SO ORDERED.
`SO ORDERED.
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`
`
`
`
`eZF.Moore
`
`Administrative Law Judge
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`PUBLIC VERSION
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`EXHIBIT 1
`EXHIBIT 1
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`
`
`PUBLIC VERSION
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`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`Before the Honorable Bryan F. Moore
`Administrative Law Judge
`
`
`In The Matter Of
`CERTAIN ACTIVE MATRIX ORGANIC
`LIGHT-EMITTING DIODE DISPLAY
`PANELS AND MODULES FOR MOBILE
`DEVICES, AND COMPONENTS
`THEREOF
`
`
`
`Investigation No. 337-TA-1351
`
`
`CONSENT ORDER STIPULATION
`
`
`
`
`
`WHEREAS, the United States International Trade Commission (the “Commission”)
`
`instituted the above-captioned Investigation under Section 337 of the Tariff Act of 1930, as
`
`amended (19 U.S.C. § 1337), on January 27, 2023. The Complaint named as Respondents, inter
`
`alia, Apt-Ability LLC d/b/a MobileSentrix (“MobileSentrix”) and Mobile Defenders, LLC
`
`(“Mobile Defenders”) (collectively, “Respondents”), based on the alleged importation into the
`
`United States, sale for importation, and/or sale within the United States after importation into the
`
`United States after importation of certain AMOLED display panels and modules that are used as
`
`replacement displays for mobile devices, and components thereof (the “Accused Products”) that
`
`infringe U.S. Patent Nos. 7,414,599; 9,330,593; 9,818,803; and 10,854,683 (the “Asserted
`
`Patents”);
`
`WHEREAS; on March 10, 2023, Complainant moved for leave to amend its ITC
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`complaint to include claims for infringement of U.S. Patent No. 11,594,578, which was granted
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`on March 28, 2023;
`
`WHEREAS, Respondents enter into this Consent Order Stipulation and are willing to
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`
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`PUBLIC VERSION
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`accept entry of the proposed Consent Order by the Commission and agree to all waivers and
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`other provisions, as required by 19 C.F.R. § 210.21.
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`IT IS HEREBY STIPULATED by Respondents in support of the Motion to Terminate
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`the Investigation as to Respondents Apt-Ability LLC d/b/a MobileSentrix and Mobile Defenders,
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`LLC Based Upon a Consent Order as follows:
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`1. The Commission has subject matter jurisdiction over the above-captioned Investigation.
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`Respondents admit that the Commission has in rem jurisdiction over the Accused Products that
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`are among the subjects of the Complaint and the Notice of Investigation. Respondents further
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`admit that the Commission has in personam jurisdiction over Respondents.
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`2. Complainant has asserted infringement of claims 1–5 and 19–21 of United States Patent
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`No. 9,818,803 (the “’803 Patent”), claims 1, 2, 4–10, and 13 of United States Patent No.
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`10,854,683 (the “’683 Patent”), claims 1–18 of United States Patent No. 7,414,599 (the “’599
`
`Patent”), claims 1–3, 6–8, and 14–22 of United States Patent No. 9,330,593 (the “’593 Patent”),
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`and claims 1–6, 10, 12, 17, 19, 21–23, 40–47, 51, and 52 of United States Patent No. 11,594,578
`
`(the “’578 Patent”).
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`3. Respondents shall not sell for importation, import, or sell after importation the Accused
`
`Products, unless licensed by Complainant, directly or indirectly, and shall not aid, abet,
`
`encourage, participate in, or induce the sale for importation, the importation, or the sale after
`
`importation except under express consent or license from Complainant.
`
`4. Upon entry of the Consent Order, Respondents will dispose of and will not sell or use
`
`within the United States or otherwise transfer (other than exportation out of the customs territory
`
`of the United States) any existing domestic inventories of the Accused Products except under the
`
`consent or license from Complainant.
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`
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`PUBLIC VERSION
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`5. Respondents expressly waive all rights to seek judicial review or otherwise challenge or
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`contest the validity of the Consent Order.
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`6. Respondents will cooperate with and will not seek to impede by litigation or other means
`
`the Commission’s efforts to gather information under subpart I of Part 210, Title 19, of the Code
`
`of Federal Regulations.
`
`7. The enforcement, modification, and revocation of the Consent Order will be carried out
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`pursuant to subpart I of Part 210, Title 10, of the Code of Federal Regulations, with the
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`Commission’s Rules of Practice and Procedure incorporated by reference into this Stipulation.
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`8. The Consent Order shall have the same force and effect and may be enforced, modified,
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`or revoked in the same manner as is provided in Section 337 of the Tariff Act of 1930 and this
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`part for other Commission actions, and the Commission may require Respondent to submit
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`periodic compliance reports pursuant to subpart I of Part 210, Title 19, of the Code of Federal
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`Regulations.
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`9. If the Asserted Claims of the Asserted Patents have expired or are held invalid or
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`unenforceable by a court or agency of competent jurisdiction or if the Accused Products have
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`been found or adjudicated not to infringe the asserted right in a final decision, no longer subject
`
`to appeal, this Consent Order shall become null and void as to such expired, invalid, or
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`unenforceable patents or as to the Accused Products.
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`10. Respondents will not seek to challenge the validity of the Asserted Patents in any
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`administrative or judicial proceeding to enforce the Consent Order.
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`
`
`
`
`SO STIPULATED:
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`
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`PUBLIC VERSION
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`PUBLIC VERSION
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`Respondent Apt-Ability LLC d/b/a
`MobileSentrix
`
`By: aad eve
`
`Title: Owner
`
`Respondent Mobile Defenders LLC
`
`By: Laak
`
`Title: Owner
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`

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`PUBLIC VERSION
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`
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`EXHIBIT 2
`EXHIBIT 2
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`PUBLIC VERSION
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`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`Before the Honorable Bryan F. Moore
`Administrative Law Judge
`
`In The Matter Of
`CERTAIN ACTIVE MATRIX ORGANIC
`LIGHT-EMITTING DIODE DISPLAY
`PANELS AND MODULES FOR MOBILE
`DEVICES, AND COMPONENTS
`THEREOF
`
`Investigation No. 337-TA-1351
`
`[PROPOSED] CONSENT ORDER
`
`On December 28, 2022, Samsung Display Co., Ltd. (“Complainant”) filed a Complaint
`
`(the “Complaint”), alleging violation of Section 337 of the Tariff Act of 1930, by Respondents
`
`by reason of the unlawful importation into the United States, the sale for importation into the
`
`United States, and/or the sale within the United States after importation of certain AMOLED
`
`display panels and modules that are used as replacement displays for mobile devices, and
`
`components thereof (the “Accused Products”) that infringe U.S. Patent Nos. 7,414,599;
`
`9,330,593; 9,818,803; and 10,854,683 (the “Asserted Patents”). The Complaint named as
`
`Respondents, inter alia, Apt-Ability LLC d/b/a MobileSentrix (“MobileSentrix”) and Mobile
`
`Defenders, LLC (“Mobile Defenders”) (collectively, “Respondents”). Complainant
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`supplemented the Complaint on January 17, 2023. EDIS Doc. ID No. 788097 (Confidential);
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`788066 (Public). The Commission determined to institute the Investigation on January 27, 2023.
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`EDIS Doc. ID No. 788832. On March 10, 2023, Complainant moved for leave to amend the
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`Complaint to include claims for infringement of U.S. Patent No. 11,594,578, EDIS Doc. ID No.
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`1
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`PUBLIC VERSION
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`

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`792264 (Confidential); 792416 (Public), which was granted on March 28, 2023, EDIS Doc. ID
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`No. 793289 (Confidential); 793580 (Public).
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`Respondents MobileSentrix and Mobile Defenders have executed a Consent Order
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`Stipulation in which they agree to the entry of this Consent Order and to all waivers and other
`
`provisions as required by Commission Rules of Practice and Procedure 210.21(c).
`
`NOW, THEREFORE, the Commission issues the following Consent Order:
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`1. Complainant Samsung Display Co., Ltd. is a company organized and existing under the
`
`laws of Republic of Korea, with its principal place of business at #1, Samsung-ro, Giheung-gu,
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`Yonginsi, Gyeonggi-do, 17113, Republic of Korea.
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`2. Respondent MobileSentrix is a company organized and existing under the laws of the
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`State of Virginia, with its principal place of business at 4315-D Walney Road, Chantilly,
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`Virginia 20151.
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`3. Respondent Mobile Defenders is a company organized and existing under the laws of the
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`State of Michigan, with its principal place of business at 6155 East Paris SE, Suite 130,
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`Caledonia, Michigan 49316.
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`4. Complainant alleges a violation of Section 337 of the Tariff Act of 1930, as amended, by
`
`Respondents by reason of the unlawful importation into the United States, the sale for
`
`importation into the United States, and/or the sale within the United States after importation of
`
`certain AMOLED display panels and modules that are used as replacement displays for mobile
`
`devices, and components thereof, which infringe claims 1–5, and 19–21 of United States Patent
`
`No. 9,818,803 (the “’803 Patent”), claims 1, 2, 4–10, and 13 of United States Patent No.
`
`10,854,683 (the “’683 Patent”), claims 1–18 of United States Patent No. 7,414,599 (the “’599
`
`Patent”), claims 1–3, 6–8, and 14–22 of United States Patent No. 9,330,593 (the “’593 Patent”),
`2
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`PUBLIC VERSION
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`and claims 1–6, 10, 12, 17, 19, 21–23, 40–47, 51, and 52 of United States Patent No. 11,594,578
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`(the “’578 Patent”) (together, the “Asserted Claims” and “the Asserted Patents”).
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`5. The subject articles in this Investigation are certain AMOLED display panels and
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`modules that are used as replacement displays for mobile devices, and components thereof, that
`
`infringe the Asserted Claims of the Asserted Patents (the “Subject Articles”). The Subject
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`Articles include, but are not limited to MobileSentrix SKU Nos. 107082069210, 107082080905,
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`107085042469, 107082002109, and 107082129102, and Mobile Defenders SKU No.
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`MDAP2715.
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`6. Respondents have executed a Consent Order Stipulation.
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`7. Respondents shall not sell for importation, import, or sell after importation the Subject
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`Articles, directly or indirectly, and shall not aid, abet, encourage, participate in, or induce the
`
`sale for importation, the importation, or the sale after importation, the Subject Articles except
`
`under the consent or license from Complainant.
`
`8. Respondents will dispose of and will not sell or use within the United States or otherwise
`
`transfer (other than exportation out of the customs territory of the United States) any existing
`
`domestic inventories of the Subject Articles except under the consent or license from
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`Complainant.
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`9. Respondents shall cease and desist from importing and distributing the Subject Articles
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`except under the consent or license from Complainant.
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`10. Respondents shall be precluded from seeking judicial review or otherwise challenging or
`
`contesting the validity of the Consent Order.
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`11. Respondents shall cooperate with and shall not seek to impede by litigation or other
`
`means the Commission’s efforts to gather information under subpart I of the Commission’s
`
`Rules of Practice and Procedure, 19 C.F.R. part 210.
`
`12. Respondents and their officers, directors, employees, agents, and any entity or individual
`
`acting on their behalf and with their authority shall not seek to challenge the validity or
`
`enforceability of the Asserted Claims of the Asserted Patents in any administrative or judicial
`
`proceeding to enforce the Consent Order.
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`13. When each of the Asserted Patents respectively expires, this Consent Order shall become
`
`null and void as to the expired patent.
`
`14. If any of the Asserted Claims of the Asserted Patents are held invalid or unenforceable by
`
`a court or agency of competent jurisdiction or if the Subject Articles have been found or
`
`adjudicated not to infringe the Asserted Claims in a final decision, no longer subject to appeal,
`
`this Consent Order shall become null and void as to the Asserted Claim held invalid or
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`unenforceable patent or as to the Subject Articles found or adjudicated not to infringe all
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`Asserted Claims of the Asserted Patents.
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`15. The Commission has subject matter jurisdiction over this Investigation, in rem
`
`jurisdiction over the Subject Articles, and in personam jurisdiction over Respondents.
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`16. This Investigation is hereby terminated, provided, however, that enforcement,
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`modification, or revocation of this Consent Order shall be carried out pursuant to subpart I of the
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`Commission’s Rules of Practice and Procedure, 19 C.F.R. part 210.
`
`Date: ______________________
`
`____________________________________
`Bryan F. Moore
`Administrative Law Judge
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`4
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`PUBLIC VERSION
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`EXHIBIT 3
`EXHIBIT 3
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`DocuSign Envelope ID: DA448974-C2A7-456D-AAEA-8A87E335DD12
`
`PUBLIC VERSION
`
`BINDING SETTLEMENT TERM SHEET
`
`This term sheet (“TermSheet’) is entered into as of November8, 2023 (“Effective Date’’)
`byand between Samsung Display Co., Ltd. (“SDC”), on the one hand, and Apt-Ability, LLC d/b/a
`MobileSentrix and Mobile Defenders LLC (together, “MS”) is a binding agreementofthe parties
`hereto. Each of MS and SDC1sreferred to herein as a “Party,” and collectivelyas the “Parties.”
`
`=aWHEREAS, SDC and MS desire to resolve the U.S. International Trade Commission
`Investigation entitled In the Matter of Certain Active Matrix Organic Light-Emitting Diode
`Display Panels and Modulesfor Mobile Devices, and Components Thereof(ITC Inv. No. 337-TA-
`1351) with respect
`to MS only and not with respect
`to any other respondent
`(the “ITC
`Investigation”),
`
`the mutual
`NOWTHEREFORE, in consideration of the above mentioned premises,
`covenants and promises contained herein, and other good and valuable consideration the receipt
`and sufficiency of which is hereby acknowledged, the Parties agree as follows:
`
`l
`
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`
`DoS
`
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`C S i
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`

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`DocuSign Envelope ID: DA448974-C2A7-456D-AAEA-8A87E335DD12
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`PUBLIC VERSION
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`Lfall
`
`
`
`Release: Subject to MS’s timely paymentas to the Settlement Payment
`as set forth above, SDC hereby grants and agrees to grant MSa release ofall
`S=
`Fv)5Ru °=a oSC= oO —Ey =}5n 2 n n2ttoQ 2 IQ9 _5n_~ S n
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`DocuSign Envelope ID: DA448974-C2A7-456D-AAEA-8A87E335DD12
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`PUBLIC VERSION
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`Consent Order: Subject to the terms and conditions of this binding Term Sheet, MSshall
`agree to enter into a Consent Order and Consent OrderStipulation as set forth in and as
`further reasonably modified by SDCand will cooperate with SDC in enforcement of
`SDC’s intellectual property rights.
`
`Motion to Terminate: Subject to the terms and conditions of this binding Term Sheet, SDC
`shall file necessary motions to dismiss or withdrawall claims against MSin the pending
`ITCInvestigation and MS shall cooperate with SDCin doing so, with each party to bear
`its ownfees andcosts.
`
`Assignment / Change-in-Control: MS maynot assignor transfer this Agreement or any
`rights hereunder without the express, written consent of SDC.
`In the event MS undergoes
`any form of a change-in-control or is acquired in any form byanyindividual orentity,
`SDC shall have the option to revoke the licenses and covenants granted underthis
`Agreementat its sole discretion.
`
`10.
`
`11.
`
`12.
`
`Term: The term ofthis agreement (“Term”) begins on the Effective Date and ends onthe
`6.over,
`3
`
`a
`
`DS
`
`[ee
`
`ie
`
`[YY
`
`

`

`(cid:15)(cid:25)(cid:19)(cid:27)(cid:18)(cid:22)(cid:21)(cid:24) (cid:16)(cid:24)(cid:28)(cid:20)(cid:23)(cid:25)(cid:26)(cid:20) (cid:17)(cid:15)(cid:12) (cid:15)(cid:13)(cid:6)(cid:6)(cid:10)(cid:11)(cid:9)(cid:6)(cid:2)(cid:14)(cid:4)(cid:13)(cid:9)(cid:2)(cid:6)(cid:7)(cid:8)(cid:15)(cid:2)(cid:13)(cid:13)(cid:16)(cid:13)(cid:2)(cid:10)(cid:13)(cid:10)(cid:9)(cid:16)(cid:5)(cid:5)(cid:7)(cid:15)(cid:15)(cid:3)(cid:4)
`PUBLIC VERSION
`
`13. Binding Term Sheet: The Parties agree that this Term Sheet shall be fully binding and
`legally enforceable as of Effective Date. The Parties agree to negotiate in good faith a more
`detailed definitive agreement (“Definitive Agreement”) based upon these terms and
`conditions in this binding Term Sheet, and the Parties shall execute that Definitive
`Agreement within fifty (50) calendar days of the Effective Date. If, however, the Parties
`fail to agree to a Definitive Agreement within that time period, the terms of this binding
`Term Sheet will continue in force during the full Term of this agreement.
`
`14. Confidentiality: Neither Party hereto shall disclose the terms of this binding Term Sheet
`to any third party, without the prior written consent of the other Party, subject to any
`exceptions that may be included in the Definitive Agreement. This confidentiality
`provision shall survive the Term of this agreement. This binding Term Sheet and matters
`concerning its performance shall be interpreted and resolve pursuant to the laws of the
`United States and the State of New York, without regard to conflicts of law principles.
`
`15. Non-Circumvention: MS agrees it will not, by amendment of its corporate charter, bylaws,
`or through any reorganization, transfer of assets, consolidation, merger, scheme of
`arrangement, dissolution, issue or sale of securities, or any other voluntary action, avoid
`or seek to avoid or otherwise expand the rights, releases, waivers, licenses, and covenants
`contained in this Agreement.
`
`16
`
`IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
`as of the Effective Date. Each individual signing below represents and warrants that he or she has
`authority to sign for and enter into this Agreement on behalf of his or her respective Party.
`
`.
`
`4
`
`

`

`(cid:15)(cid:25)(cid:19)(cid:27)(cid:18)(cid:22)(cid:21)(cid:24) (cid:16)(cid:24)(cid:28)(cid:20)(cid:23)(cid:25)(cid:26)(cid:20) (cid:17)(cid:15)(cid:12) (cid:15)(cid:13)(cid:6)(cid:6)(cid:10)(cid:11)(cid:9)(cid:6)(cid:2)(cid:14)(cid:4)(cid:13)(cid:9)(cid:2)(cid:6)(cid:7)(cid:8)(cid:15)(cid:2)(cid:13)(cid:13)(cid:16)(cid:13)(cid:2)(cid:10)(cid:13)(cid:10)(cid:9)(cid:16)(cid:5)(cid:5)(cid:7)(cid:15)(cid:15)(cid:3)(cid:4)
`PUBLIC VERSION
`
`Agreed to:
`
`Agreed to:
`
`SAMSUNG DISPLAY CO., LTD.
`
`Apt-Ability, LLC d/b/a MobileSentrix and
`Mobile Defenders LLC
`
`By:
`
`Na
`
`Titl
`
`Dat
`
`By:_
`
`Nam
`
`Title:
`
`Date:
`
`5
`
`

`

`PUBLIC VERSION
`
`DocuSign Envelope ID: DA448974-C2A7-456D-AAEA-8A87E335DD12
`
`Exhibit A
`
`

`

`(cid:15)(cid:25)(cid:19)(cid:27)(cid:18)(cid:22)(cid:21)(cid:24) (cid:16)(cid:24)(cid:28)(cid:20)(cid:23)(cid:25)(cid:26)(cid:20) (cid:17)(cid:15)(cid:12) (cid:15)(cid:13)(cid:6)(cid:6)(cid:10)(cid:11)(cid:9)(cid:6)(cid:2)(cid:14)(cid:4)(cid:13)(cid:9)(cid:2)(cid:6)(cid:7)(cid:8)(cid:15)(cid:2)(cid:13)(cid:13)(cid:16)(cid:13)(cid:2)(cid:10)(cid:13)(cid:10)(cid:9)(cid:16)(cid:5)(cid:5)(cid:7)(cid:15)(cid:15)(cid:3)(cid:4)
`DocuSign Envelope ID: DA448974-C2A7-456D-AAEA-8A87E335DD12
`PUBLIC VERSION
`
`PUBLIC VERSION
`
`2
`
`

`

`(cid:15)(cid:25)(cid:19)(cid:27)(cid:18)(cid:22)(cid:21)(cid:24) (cid:16)(cid:24)(cid:28)(cid:20)(cid:23)(cid:25)(cid:26)(cid:20) (cid:17)(cid:15)(cid:12) (cid:15)(cid:13)(cid:6)(cid:6)(cid:10)(cid:11)(cid:9)(cid:6)(cid:2)(cid:14)(cid:4)(cid:13)(cid:9)(cid:2)(cid:6)(cid:7)(cid:8)(cid:15)(cid:2)(cid:13)(cid:13)(cid:16)(cid:13)(cid:2)(cid:10)(cid:13)(cid:10)(cid:9)(cid:16)(cid:5)(cid:5)(cid:7)(cid:15)(cid:15)(cid:3)(cid:4)
`DocuSign Envelope ID: DA448974-C2A7-456D-AAEA-8A87E335DD12
`PUBLIC VERSION
`
`PUBLIC VERSION
`
`3
`
`