`
`WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`INTELLECTUAL VENTURES I LLC AND
`INTELLECTUAL VENTURES II LLC,
`
`Plaintiffs/Counter-Defendants,
`
`v.
`
`VMWARE, INC.,
`
`Defendant/Counter-Plaintiff.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Case No. 1:19-CV-01075-ADA
`
`JURY TRIAL DEMANDED
`
`DEFENDANT VMWARE, INC.’S STIPULATION OF
`INVALIDITY CONTENTIONS FOR U.S. PATENT NO. 7,949,752
`
`On February 10, 2020, Defendant VMware, Inc. (“VMware”) filed petition no. IPR2020-
`
`00470 with the Patent Trial and Appeal Board requesting inter partes review of U.S. Patent No.
`
`7,949,752 (“the ’752 patent”).
`
`The petition asserted four grounds of invalidity:
`
`1) claims 1–4, 9, 13–14, 22, and 24–26 of the ’752 patent would have been obvious under
`
`35 U.S.C. § 103(a) over U.S. Patent No. 6,029,175 to Chow et al. (“Chow”);
`
`2) claims 6, 10, 11, and 23 of the ’752 patent would have been obvious under 35 U.S.C.
`
`§ 103(a) over Chow in view of U.S. Patent No. 5,367,635 to Bauer et al. (“Bauer”);
`
`3) claims 1–4, 9, 13–14, 22, and 24–26 of the ’752 patent would have been obvious under
`
`35 U.S.C. § 103(a) over Chow in view of U.S. Patent 5,603,031 to White et al. (“White”);
`
`4) claims 6, 10, 11, and 23 of the ’752 patent would have been obvious under 35 U.S.C. §
`
`103(a) over Chow in view of Bauer and further in view of White.
`
`VMware hereby stipulates that if the Patent Trial and Appeal Board institutes inter partes
`
`review on IPR2020-00470, then VMware will not assert invalidity of claims 1–4, 6, 9–11, 13–14,
`
`1
`
`VMware - Exhibit 1026
`VMware v. IV I - IPR2020-00470
`Page 1 of 4
`
`
`
`Case 1:19-cv-01075-ADA Document 91 Filed 06/03/20 Page 2 of 4
`
`and 22–26 of the ’752 patent in this case based on any of the four grounds listed above, or on any
`
`other ground involving the Chow, Bauer, or White references alone or in combination with any
`
`other reference.
`
`This stipulation is not intended and should not be construed to limit VMware’s ability to
`
`assert invalidity of the claims of the ’752 patent in this case on any ground that does not involve
`
`the Chow, Bauer, or White references regardless of whether inter partes review is instituted.
`
`Dated: June 3, 2020
`
`Respectfully submitted,
`
`WINSTON & STRAWN LLP
`
`/s/ Katherine Vidal
`Katherine Vidal
`Admitted Pro Hac Vice
`KVidal@winston.com
`Michael R. Rueckheim
`Texas State Bar No. 24081129
`MRuekheim@winston.com
`WINSTON & STRAWN LLP
`275 Middlefield Road, Suite 205
`Menlo Park, CA 94025
`Telephone: (650) 858-6500
`Facsimile: (650) 858-6559
`
`Thomas M. Melsheimer
`Texas State Bar No. 13922550
`M. Brett Johnson
`Texas State Bar No. 00790975
`MBJohnson@winston.com
`Michael A. Bittner
`MBittner@winston.com
`Admitted Pro Hac Vice
`Winston & Strawn LLP
`2121 N. Pearl St., 9th Floor
`Dallas, TX 75201
`Telephone: (214) 453-6500
`Facsimile: (214) 453-6400
`
`2
`
`VMware - Exhibit 1026
`VMware v. IV I - IPR2020-00470
`Page 2 of 4
`
`
`
`Case 1:19-cv-01075-ADA Document 91 Filed 06/03/20 Page 3 of 4
`
`Vivek V. Krishnan
`Admitted Pro Hac Vice
`VKrishnan@winston.com
`DaWanna McCray
`Admitted Pro Hac Vice
`DMcCray@winston.com
`Winston & Strawn LLP
`35 W. Wacker Drive
`Chicago, IL 60601
`Telephone: (312) 558-5600
`Facsimile: (312) 558-5700
`
`William M. Logan
`Texas State Bar No. 24106214
`WLogan@winston.com
`Winston & Strawn LLP
`1111 Louisiana Street
`Houston, TX 77002
`Telephone: (713) 651-2766
`Facsimile: (713) 651-2700
`
`ATTORNEYS FOR
`DEFENDANT VMWARE, INC.
`
`
`
`
`3
`
`
`
`
`
`
`
`VMware - Exhibit 1026
`VMware v. IV I - IPR2020-00470
`Page 3 of 4
`
`
`
`Case 1:19-cv-01075-ADA Document 91 Filed 06/03/20 Page 4 of 4
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on June 3, 2020 a true and correct copy of Defendant
`VMware, Inc.’s Stipulation of Invalidity Contentions for Us Patent No. 7,949,752 was
`electronically filed with the Clerk of Court using the CM/ECF system, which sends notifications
`of such filing to all counsel of record who have consented to accept service by electronic means.
`
`
`
`
`
`
`
`/s/ Katherine Vidal
`
`
`
`
`
`
`
`
`
`4
`
`VMware - Exhibit 1026
`VMware v. IV I - IPR2020-00470
`Page 4 of 4
`
`
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