`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`FLYPSI, INC. (D/B/A FLYP),
`
`
`Plaintiff,
`
`
`
`v.
`
`DIALPAD, INC.,
`
`
`Defendant.
`
`
`
`
`
`
`C.A. No.: 6:21-cv-00642-ADA
`
`
`JURY TRIAL DEMANDED
`
`DEFENDANT DIALPAD, INC.’S STIPULATION REGARDING INVALIDITY
`CONTENTIONS
`
`
`
`Defendant Dialpad, Inc. (“Dialpad”) submits this stipulation regarding invalidity
`contentions.
`Dialpad will be filing petition number IPR2022-01051 with the Patent Trial and Appeal
`Board requesting inter partes review of U.S. Patent No. 9,667,770 (the “’770 Patent”).
`The Petition asserts the following grounds of invalidity:
`
`IPR
`Petition
`No.
`
`Patent No.
`
`IPR2022-
`01051
`
`9,667,770
`
`IPR
`Ground Claims Grounds of Unpatentability
`Obvious under 35 U.S.C. § 103 over
`U.S. Patent Application Publication
`No. 2013/0295892 (“Backhaus”) in
`view of U.S. Patent Application
`Publication No. 20100128857
`(“Logan”)
`Obvious under 35 U.S.C. § 103 over
`Backhaus in view of Logan and
`European Patent Application
`Publication No. EP1119168 (“Burg”)
`Dialpad hereby stipulates that if the Patent Trial and Appeal Board institutes inter partes
`
`1
`
`2
`
`1-5
`
`1-6
`
`review on IPR2022-01051, then Dialpad will not pursue in this case the specific grounds
`
`
`
`
`
`
`-1-
`
`
`
`
`
`
`
`Case 6:21-cv-00642-ADA Document 71 Filed 06/20/22 Page 2 of 3
`
`identified above in connection with the ’770 patent and the claims as originally issued that are
`
`identified above, or on any other ground for the ’770 patent that was raised or could have been
`
`reasonably raised in the IPR (i.e., any ground that could be raised under §§ 102 or 103 on the
`
`basis of prior art patents or printed publications).
`
`This stipulation is not intended, and should not be construed, to limit Dialpad’s ability to
`
`assert invalidity of the asserted claims of the ’770 Patent in this case on any other ground (e.g.,
`
`invalidity under 35 U.S.C. §§ 101, 112, or in view of prior art systems constituting “public use,”
`
`“on sale,” and “otherwise available to the public” under §§ 102, 103), regardless of whether inter
`
`partes review is instituted.
`
`DATED: June 20, 2022
`
`Respectfully submitted,
`By
`/s/ Christopher Ponder
`Christopher Ponder
`Texas Bar No. 24065916
`SHEPPARD, MULLIN,
`RICHTER & HAMPTON LLP
`1540 El Camino Real, Suite 120
`Menlo Park, CA 94025
`Telephone: (650) 815-2600
`Facsimile: (650) 815-2601
`cponder@sheppardmullin.com
`
`Attorneys for Defendant Dialpad, Inc.
`
`-2-
`
`
`
`Case 6:21-cv-00642-ADA Document 71 Filed 06/20/22 Page 3 of 3
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on June 20, 2022, I caused the foregoing to be filed electronically
`
`with the Clerk of Court and to be served via the Court’s Electronic Filing System upon all
`
`counsel of record.
`
`/s/ Christopher Ponder
`Christopher S. Ponder
`
`-3-
`
`
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