DLA Piper LLP (US)
`500 Eighth Street, NW
`Washington, DC 20004
`www.dlapiper.com
`
`Helena D. Kiepura
`helena.kiepura@dlapiper.com
`T 202.799.4333
`F 202.799.5300
`
`October 28, 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-00596-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 1-3 and 5-8 of U.S. Patent No. 7,882,320 (the
`“Petition”). The Petition advances grounds of unpatentability based on the following references
`(collectively “the References”):
`
` U.S. Patent No. 7,464,221 to Nakamura et al.;
` U.S. Patent No. 7,761,655 to Mizushima et al.;
` U.S. Patent No 7,260,679 to Benhase et al.; and
` Hu, Yiming, Tycho Nightingale, and Qing Yang. “RAPID-Cache—A Reliable and Inexpensive
`Write Cache for High Performance Storage Systems.” IEEE Transactions on Parallel and
`Distributed Systems, vol. 13, no. 2 (March 2002): 290-307.
`
`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 1-3 and 5-8 of
`U.S. Patent No. 7,882,320.
`
`By so stipulating, HPE seeks to avoid multiple proceedings addressing the validity of claims 1-3 and 5-8
`of U.S. Patent No. 7,882,320 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 1-3 and 5-8 of U.S. Patent No. 7,882,320 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\296483711.1
`
`HPE, Exh. 1027, p. 1
`
`

`

`Paul Hayes, Esq.
`October 28, 2021
`Page Two
`
`Best regards,
`
`DLA Piper LLP (US)
`
`Helena D. Kiepura
`Partner
`
`HDK:
`
`WEST\296483711.1
`
`HPE, Exh. 1027, p. 2
`
`