UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
STIPULATION OF DISMISSAL WITH PREJUDICE
The parties to this action — Plaintiff Apex Surgical Innovations, Inc. ("Apex" or "Plaintiff") and Defendant Solstice Biomedical, Inc. ("Solstice" or "Defendant") (collectively, the "Parties") — by and through their respective undersigned counsel of record, hereby stipulate and agree to the dismissal of this action with prejudice on the following terms. This Stipulation of Dismissal is filed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which permits the voluntary dismissal of an action by stipulation of all parties who have appeared. This Stipulation is filed in connection with the Parties' resolution of this matter on mutually agreeable terms, as set forth in a confidential Settlement Agreement and Mutual Release executed by the Parties.
WHEREAS, Plaintiff Apex filed the Complaint in this action on May 9, 2024, asserting claims of patent infringement against Defendant Solstice;
WHEREAS, Defendant Solstice filed its Answer, Affirmative Defenses, and Counterclaims on June 14, 2024;
WHEREAS, the Parties have reached an agreement resolving all disputes between them in this action and desire to dismiss all claims, counterclaims, and affirmative defenses with prejudice;
NOW, THEREFORE, the Parties stipulate and agree as follows:
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 prejudice. This dismissal encompasses each and every cause of action, claim for relief, and demand set forth in the Complaint, whether arising under 35 U.S.C. § 271 or otherwise, with respect to all three patents-in-suit.
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 of invalidity of the '237 Patent, the '884 Patent, and the '105 Patent, and inequitable conduct with respect to the prosecution of each of the patents-in-suit, are hereby dismissed with prejudice. This dismissal encompasses each and every counterclaim and demand for affirmative relief set forth in Defendant's pleading.
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 dismissed with prejudice as moot.
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 to purposes of 35 U.S.C. § 285, 28 U.S.C. § 1927, Federal Rule of Civil Procedure 54(d), or any other statute, rule, or common-law doctrine that confers rights or imposes obligations upon a prevailing party.
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 submissions, and the final pretrial conference. All pending motions, if any, including any outstanding discovery motions or motions in limine, are hereby withdrawn as moot.
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 jurisdiction for enforcement purposes, the Court's jurisdiction over this action shall terminate upon the entry of the order of dismissal contemplated herein, and any disputes arising under the Settlement Agreement and Mutual Release shall be resolved in accordance with the dispute resolution provisions set forth therein.
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.
[Signatures on following page]
DATED: July 1, 2025
CALDERWOOD & HARKNESS LLP
By: /s/ Marcus Delgado
________________________________________
Marcus Delgado (DE Bar ID No. 5743) CALDERWOOD & HARKNESS LLP 1201 Market Street, Suite 2500 Wilmington, Delaware 19801 Telephone: (302) 661-7400 Facsimile: (302) 661-7401
Email: mdelgado@calderwoodharkness.com
Counsel for Defendant Solstice Biomedical, Inc.
DATED: July 1, 2025
HARGROVE, TATE & BENNINGTON LLP
By: /s/ Victoria Stanton
________________________________________
Victoria Stanton (DE Bar ID No. 4918) HARGROVE, TATE & BENNINGTON LLP 900 North King Street, Suite 1200 Wilmington, Delaware 19801 Telephone: (302) 574-8200 Facsimile: (302) 574-8201
Email: vstanton@htblaw.com
Counsel for Plaintiff Apex Surgical Innovations, Inc.
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
[PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE
THIS MATTER having come before the Court upon the Stipulation of Dismissal with Prejudice filed jointly by Plaintiff Apex Surgical Innovations, Inc. and Defendant Solstice Biomedical, Inc. pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), and the Court having reviewed the Stipulation and finding good cause therefor;
IT IS HEREBY ORDERED as follows:
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 with Prejudice was served on all counsel of record via the Court's CM/ECF electronic filing system, which will send notification of such filing to all registered participants, including:
Victoria Stanton, Esquire Derek Loomis, Esquire HARGROVE, TATE & BENNINGTON LLP 900 North King Street, Suite 1200 Wilmington, Delaware 19801 Counsel for Plaintiff Apex Surgical Innovations, Inc.
/s/ Marcus Delgado
________________________________________
Marcus Delgado (DE Bar ID No. 5743) CALDERWOOD & HARKNESS LLP 1201 Market Street, Suite 2500 Wilmington, Delaware 19801
APEX SURGICAL INNOVATIONS, INC., a Delaware corporation,
| <!-- indent:2 -->Plaintiff,<!-- /indent --> | Civil Action No. 1:24-cv-00587-RGA |
| v. | Chief Judge Richard G. Andrews |
SOLSTICE BIOMEDICAL, INC., a Delaware corporation,
<!-- indent:2 -->Defendant.<!-- /indent -->
APEX SURGICAL INNOVATIONS, INC., a Delaware corporation,
| <!-- indent:2 -->Plaintiff,<!-- /indent --> | Civil Action No. 1:24-cv-00587-RGA |
| v. | Chief Judge Richard G. Andrews |
SOLSTICE BIOMEDICAL, INC., a Delaware corporation,
<!-- indent:2 -->Defendant.<!-- /indent -->