Contract analysis

1. Dismissal of All Claims with Prejudice. All claims asserted by Plaintiff Apex Surgical Innovations, Inc. against Defendant Solstice Biomedical, Inc. in the Complaint filed on May 9, 2024 (D.I. 1), including all claims of patent infringement of U.S. Patent No. 9,814,237 ("the '237 Patent"), U.S. Patent No. 10,271,884 ("the '884 Patent"), and U.S. Patent No. 10,932,105 ("the '105 Patent"), are hereby dismissed with

2. Dismissal of All Counterclaims with Prejudice. All counterclaims asserted by Defendant Solstice Biomedical, Inc. against Plaintiff Apex Surgical Innovations, Inc. in the Answer, Affirmative Defenses, and Counterclaims filed on June 14, 2024 (D.I. 8), including but not limited to counterclaims for declaratory judgment of non-infringement of the '237 Patent, the '884 Patent, and the '105 Patent, declaratory judgment

3. Dismissal of All Affirmative Defenses. All affirmative defenses asserted by Defendant Solstice Biomedical, Inc. in this action, including but not limited to defenses of non-infringement, invalidity, unenforceability, prosecution history estoppel, laches, equitable estoppel, patent misuse, failure to state a claim, and any other affirmative defenses raised or that could have been raised in this action, are dismisse

4. Costs and Attorneys' Fees. Each Party shall bear its own costs, expenses, disbursements, and attorneys' fees incurred in connection with this action, including but not limited to all fees and costs associated with the filing, prosecution, and defense of the claims, counterclaims, and any motions or discovery conducted herein. No Party shall be deemed a "prevailing party" for any purpose, including but not limited

5. Vacatur of Trial Date and All Remaining Deadlines. The Parties respectfully request that the Court vacate the trial date of September 30, 2025, and all remaining pretrial deadlines set forth in the Scheduling Order entered on July 2, 2024 (D.I. 14), including but not limited to the deadlines for the completion of fact discovery, expert discovery, claim construction briefing, dispositive motion practice, pretrial s

6. Retention of Jurisdiction. The Court shall retain jurisdiction over this action solely for purposes of enforcing the terms of the Parties' confidential Settlement Agreement and Mutual Release dated June 16, 2025, to the extent the Parties have consented therein to such retention of jurisdiction by the Court. In the event that the Settlement Agreement and Mutual Release does not provide for the Court's retention of

7. Authority. The undersigned counsel of record represent and warrant that they are fully authorized by their respective clients to execute and file this Stipulation of Dismissal with Prejudice. Each signatory represents that no additional consent, approval, or authorization is required for the filing of this Stipulation and the dismissal of all claims, counterclaims, and affirmative defenses as set forth herein. [Si

1. Pursuant to the Stipulation of Dismissal filed by the Parties under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Civil Action No. 1:24-cv-00587-RGA is hereby DISMISSED WITH PREJUDICE.

2. All claims asserted by Plaintiff Apex Surgical Innovations, Inc. against Defendant Solstice Biomedical, Inc. in the Complaint, including all claims of patent infringement of U.S. Patent No. 9,814,237, U.S. Patent No. 10,271,884, and U.S. Patent No. 10,932,105, are DISMISSED WITH PREJUDICE.

3. All counterclaims asserted by Defendant Solstice Biomedical, Inc. against Plaintiff Apex Surgical Innovations, Inc., including counterclaims for declaratory judgment of non-infringement, invalidity, and inequitable conduct, are DISMISSED WITH PREJUDICE.

4. All affirmative defenses asserted by Defendant Solstice Biomedical, Inc. in this action are DISMISSED WITH PREJUDICE as moot.

5. Each Party shall bear its own costs, expenses, and attorneys' fees incurred in connection with this action. No Party shall be deemed a "prevailing party" for any purpose.

6. The trial date of September 30, 2025, and all remaining pretrial deadlines established in the Scheduling Order (D.I. 14) are hereby VACATED.

7. All pending motions, if any, are DENIED AS MOOT. IT IS SO ORDERED. Dated: ____ ________________________________________ THE HONORABLE RICHARD G. ANDREWS Chief Judge United States District Court for the District of Delaware CERTIFICATE OF SERVICE I, Marcus Delgado, hereby certify that on July 1, 2025, a true and correct copy of the foregoing Stipulation of Dismissal with Prejudice and [Proposed] Order of Dismissal