Contract analysis

1. Dismissal of Claims. All claims asserted by Apex against Solstice in the Complaint filed on May 9, 2024 (D.I. 1), including, without limitation, all claims of infringement of U.S. Patent No. 9,814,237 (entitled "Minimally Invasive Surgical Instrument with Articulating End Effector") ("the '237 Patent"), U.S. Patent No. 10,271,884 (entitled "Multi-Axis Robotic Surgical Tool Assembly") ("the '884 Patent"), and U.S.

2. Dismissal of Counterclaims. All counterclaims asserted by Solstice against Apex in the Answer, Affirmative Defenses, and Counterclaims filed on June 14, 2024 (D.I. 12), including, without limitation, counterclaims for declaratory judgment of non-infringement of the '237 Patent, the '884 Patent, and the '105 Patent, declaratory judgment of invalidity of the '237 Patent, the '884 Patent, and the '105 Patent, and ine

3. Dismissal of Affirmative Defenses. All affirmative defenses asserted by Solstice in its Answer filed on June 14, 2024 (D.I. 12), including, without limitation, affirmative defenses of non-infringement, invalidity under 35 U.S.C. §§ 101, 102, 103, and 112, unenforceability, prosecution history estoppel, laches, equitable estoppel, waiver, and inequitable conduct, are hereby withdrawn as moot in light of the settlem

4. Costs and Attorneys' Fees. Each party shall bear its own costs, expenses, and attorneys' fees incurred in connection with the prosecution and defense of this action. No party shall be deemed a "prevailing party" for purposes of 35 U.S.C. § 285, Federal Rule of Civil Procedure 54(d), 28 U.S.C. § 1927, or any other applicable statute, rule, regulation, or contractual provision. Nothing in this paragraph shall affect

5. Jurisdiction Retained. The Court shall retain jurisdiction over the parties and this action solely for the limited purpose of enforcing the terms of the Settlement Agreement and Mutual Release entered into by and between the parties dated June 16, 2025 (the "Settlement Agreement"). Any motion to enforce the Settlement Agreement shall be filed in this action under the above-captioned civil action number. The Court'

6. No Admissions. This Stipulation of Dismissal and the underlying settlement do not constitute, and shall not be construed as, an admission by any party of any liability, wrongdoing, fault, or the validity or invalidity of any patent claim asserted or defended in this action. Neither this Stipulation of Dismissal nor the Settlement Agreement shall be admissible in any proceeding for any purpose other than to enforce