`2000 University Avenue
`East Palo Alto, California 94303-2250
`www.dlapiper.com
`
`Brent K. Yamashita
`Brent.Yamashita@dlapiper.com
`T 650.833.2348
`F 650.687.1206
`
`OUR FILE NO. 391999-000033
`
`September 2, 2021
`VIA E-MAIL
`
`Paul Hayes, Esq.
`Prince Lobel Tye LLP
`One International Place, Suite 3700
`Boston, MA 02110
`
`Re:
`
`Intellectual Ventures I LLC et al. v. Hewlett Packard Enterprise Company,
`Case No. 6:21-cv-00226-ADA (W.D. Tex.)
`
`Dear Paul:
`
`On behalf of Defendant Hewlett Packard Enterprise (“HPE”) in the above-referenced case (“the
`Litigation”), we write regarding a petition for inter partes review (“IPR”) that HPE intends to file
`with the Patent Trial and Appeal Board (“PTAB”) to address claims 1, 2, 4, 5, 19, and 20 of U.S.
`Patent No. 6,816,464 (the “Petition”). The Petition advances grounds of unpatentability based on:
`
` U.S. Patent No. 6,748,433 to Yaakov;
` U.S. Patent No. 6,868,094 to Bordonaro;
`International Publication No. WO 98/58474 to Hultgren; and
`
` Red Hat Linux 6 Unleashed: From Knowledge to Mastery by D. Pitts et al.
`(collectively “the References”).
`
`We write to inform you that HPE, as real party-in-interest (“RPI”) in the Petition, hereby stipulates
`that in the event the PTAB institutes an IPR based on the Petition, HPE will not rely on the
`References in the Litigation to challenge the validity of the claims addressed in the Petition,
`namely claims 1, 2, 4, 5, 19, and 20 of U.S. Patent No. 6,816,464.
`
`By so stipulating, HPE seeks to avoid multiple proceedings addressing the validity of claims 1, 2,
`4, 5, 19, and 20 of U.S. Patent No. 6,816,464 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, HPE
`reserves its right to challenge the validity of claims 1, 2, 4, 5, 19, and 20 of U.S. Patent No.
`6,816,464 based on the References in the Litigation. Additionally, even in the event of institution,
`HPE reserves its right to rely on any prior art other than the References in the Litigation.
`
`WEST\296020517.1
`
`Hewlett Packard Enterprise Co. Ex. 1022, Page 1 of 2
`Hewlett Packard Enterprise Co. v. Intellectual Ventures II LLC
`IPR2021-01378
`
`
`
`VIA E-MAIL
`
`Paul Hayes, Esq.
`September 2, 2021
`Page Two
`
`Best regards,
`
`Brent K. Yamashita
`
`WEST\296020517.1
`
`Hewlett Packard Enterprise Co. Ex. 1022, Page 2 of 2
`Hewlett Packard Enterprise Co. v. Intellectual Ventures II LLC
`IPR2021-01378
`
`
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