`To:
`Cc:
`Subject:
`
`Date:
`Attachments:
`
`Kristina Grauer
`bgolob@cozen.com; tfisher@cozen.com; bdavis@davisfirm.com
`Stephen Korniczky; LegalTM-TK-10T
`10Tales, Inc. v. TikTok Inc., TikTok PTE Ltd., Bytedance Inc., and Bytedance Ltd, Case No. #: 6:20-cv-00810-
`ADA
`Tuesday, February 9, 2021 12:02:18 PM
`2021-02-09 Ltr from S. Koriczky to B. Golob.pdf
`
`Counsel:
`On behalf of Stephen Korniczky, please see the attached letter regarding the above referenced
`matter.
`
`Sincerely,
`Kristina Grauer
`
`Kristina Grauer | Paralegal
`+1 858-720-7436 | direct
`KGrauer@sheppardmullin.com
`
`SheppardMullin
`12275 El Camino Real, Suite 200
`San Diego, CA 92130-4092
`+1 858-720-8900 | main
`www.sheppardmullin.com
`
`
`
`TikTok TTI-1039, Page 1
`IPR2021-00476 (TikTok Inc. v. 10Tales Inc.)
`
`
`
`
`
`
`
`
`
`February 9, 2020
`
`
`VIA E-MAIL
`
`Barry P. Golob
`Cozen O’Connor
`1200 19th Street N.W., Third Floor
`Washington, DC 20036
`E-Mail: bgolob@cozen.com
`
`
`
`Sheppard, Mullin, Richter & Hampton LLP
`12275 El Camino Real, Suite 200
`San Diego, California 92130-4092
`858.720.8900 main
`858.509.3691 fax
`www.sheppardmullin.com
`
`858.720.7443 direct
`skorniczky@sheppardmullin.com
`
`File Number: 64FR-323130
`
`Re:
`
`10Tales, Inc. v. TikTok Inc., TikTok PTE Ltd., Bytedance Inc., and Bytedance Ltd, Case
`No. #: 6:20-cv-00810-ADA
`
`
`Dear Mr. Golob:
`
`We represent TikTok Inc., TikTok PTE Ltd., Bytedance Inc., and Bytedance Ltd, (collectively
`“the RPIs”), in 10Tales, Inc. v. TikTok Inc., TikTok PTE Ltd., Bytedance Inc., and Bytedance
`Ltd, Case No. 6:20-cv-00810 (W.D. Tex.) (the “Litigation”).
`
`We write regarding a petition for inter partes review (IPR) that we intend to file today with the
`Patent Trial and Appeal Board (PTAB) to address claims 1-2 of U.S. Patent No. 8,856,030 (the
`“Petition”). The Petition advances grounds based on PCT Publication No. WO 99/026415A1 to
`Bar-El, U.S. Patent No. 6,587,491 to Leeke et al., and U.S. Patent Pub. No. 20110219419 to
`Reisman (collectively “the References”). We write to inform you that the RPIs hereby stipulate
`that in the event the PTAB institutes an IPR based on the Petition, they will not rely on the
`References to challenge the validity of the claims of U.S. Patent No. 8,856,030 in the Litigation.
`
`By so stipulating, the RPIs seek to avoid multiple proceedings addressing the validity of the
`claims of U.S. Patent No. 8,856,030 based on the References. Rather, consistent with
`congressional intent, through this stipulation, the RPIs express their intention that only the
`PTAB should address the invalidity of the claims asserted in the above-captioned litigation
`based on the References. But, for the sake of clarity and to avoid any doubt, if the PTAB
`declines to institute an IPR based on the Petition, the RPIs reserve the right to challenge the
`validity of claims of U.S. Patent No. 8,856,030 based on the References in the litigation.
`Additionally, even in the event of institution, the RPIs reserve their right to rely on any prior art
`other than the References.
`
`
`
`TTI-1039, Page 2
`
`
`
`
`
`
`
`
`Barry P. Golob
`February 9, 2020
`Page 2
`
`
`Very truly yours,
`
`/s/ Stephen S. Korniczky
`
`Stephen S. Korniczky
`for SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
`
`cc:
`
`tfisher@cozen.com; bdavis@davisfirm.com
`
`
`
`
`
`TTI-1039, Page 3
`
`
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