UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

[PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE

This matter having come before the Court upon the Joint Stipulation of Dismissal with Prejudice filed by the parties, Plaintiff Apex Surgical Innovations, Inc. ("Plaintiff" or "Apex") and Defendant Solstice Biomedical, Inc. ("Defendant" or "Solstice"), through their respective counsel of record, Hargrove, Tate & Bennington LLP, by and through Victoria Stanton, Esquire, on behalf of Plaintiff Apex Surgical Innovations, Inc., and Calderwood & Harkness LLP, by and through Marcus Delgado, Esquire, on behalf of Defendant Solstice Biomedical, Inc.; and

The parties having represented to the Court that they have reached a full and final settlement of all claims and counterclaims asserted in this action, and that the parties have jointly moved for dismissal of this action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii); and

The Court having reviewed the parties' Joint Stipulation of Dismissal with Prejudice, and having considered the representations of counsel therein, and finding good cause to enter this Order;

IT IS HEREBY ORDERED as follows:

1. Dismissal of Plaintiff's Claims. 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, without limitation, all claims of patent infringement of United States Patent No. 9,814,237 ("the '237 Patent"), United States Patent No. 10,271,884 ("the '884 Patent"), and United States Patent No. 10,932,105 ("the '105 Patent"), are hereby DISMISSED WITH PREJUDICE.

2. Dismissal of Defendant's Counterclaims. 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. 12), including, without limitation, all counterclaims for declaratory judgment of non-infringement and declaratory judgment of invalidity with respect to the '237 Patent, the '884 Patent, and the '105 Patent, are hereby DISMISSED WITH PREJUDICE.

3. Costs and Attorneys' Fees. Each party shall bear its own costs and attorneys' fees incurred in connection with this action. No party shall be deemed a "prevailing party" for purposes of any statute, rule, or agreement providing for the recovery of costs or fees.

4. Vacatur of Remaining Deadlines. All remaining deadlines and scheduling provisions set forth in the Scheduling Order entered in this action (D.I. 22), including, without limitation, the trial date of September 30, 2025, and all pretrial deadlines associated therewith, are hereby VACATED as moot.

5. Retention of Jurisdiction. Notwithstanding the dismissal of this action, the Court shall retain jurisdiction solely for the purposes of enforcing the terms of the parties' settlement agreement, to the extent permitted by applicable law and consistent with the principles set forth in Kokkonen v. Ridgeline Mutual Insurance, 511 U.S. 375 (1994).

6. Closure of Case. The Clerk of Court is hereby directed to CLOSE this case and to terminate all pending motions as moot.

Dated: ______, 2025

SO ORDERED.

________________________________________

CHIEF JUDGE RICHARD G. ANDREWS United States District Court for the District of Delaware

Presented by agreement of the parties:

For Defendant Solstice Biomedical, Inc.:

________________________________________

Marcus Delgado, Esquire Calderwood & Harkness LLP 1201 Market Street, Suite 2500 Wilmington, Delaware 19801 Telephone: (302) 555-4100 Facsimile: (302) 555-4101

Counsel for Defendant Solstice Biomedical, Inc.

For Plaintiff Apex Surgical Innovations, Inc.:

________________________________________

Victoria Stanton, Esquire Hargrove, Tate & Bennington LLP 900 North King Street, Suite 1200 Wilmington, Delaware 19801 Telephone: (302) 555-7800 Facsimile: (302) 555-7801

Counsel for Plaintiff Apex Surgical Innovations, Inc.

DRAFT — Prepared June 12, 2025 — Subject to Review and Revision

This document has been prepared by Calderwood & Harkness LLP for inclusion as part of the definitive settlement documentation package, to accompany the Stipulation of Dismissal with Prejudice forming Exhibit E to the Settlement Agreement and Mutual Release between Apex Surgical Innovations, Inc. and Solstice Biomedical, Inc.

APEX SURGICAL INNOVATIONS, INC.,

Plaintiff,

SOLSTICE BIOMEDICAL, INC.,

Defendant.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
[PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE
This matter having come before the Court upon the Joint Stipulation of Dismissal with Prejudice filed by the parties, Plaintiff Apex Surgical Innovations, Inc. ("Plaintiff" or "Apex") and Defendant Solstice Biomedical, Inc. ("Defendant" or "Solstice"), through their respective counsel of record, Hargrove, Tate & Bennington LLP, by and through Victoria Stanton, Esquire, on behalf of Plaintiff Apex Surgical Innovations, Inc., and Calderwood & Harkness LLP, by and through Marcus Delgado, Esquire, on behalf of Defendant Solstice Biomedical, Inc.; and
The parties having represented to the Court that they have reached a full and final settlement of all claims and counterclaims asserted in this action, and that the parties have jointly moved for dismissal of this action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii); and
The Court having reviewed the parties' Joint Stipulation of Dismissal with Prejudice, and having considered the representations of counsel therein, and finding good cause to enter this Order;
IT IS HEREBY ORDERED as follows:
1. Dismissal of Plaintiff's Claims. 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, without limitation, all claims of patent infringement of United States Patent No. 9,814,237 ("the '237 Patent"), United States Patent No. 10,271,884 ("the '884 Patent"), and United States Patent No. 10,932,105 ("the '105 Patent"), are hereby DISMISSED WITH PREJUDICE.
2. Dismissal of Defendant's Counterclaims. 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. 12), including, without limitation, all counterclaims for declaratory judgment of non-infringement and declaratory judgment of invalidity with respect to the '237 Patent, the '884 Patent, and the '105 Patent, are hereby DISMISSED WITH PREJUDICE.
3. Costs and Attorneys' Fees. Each party shall bear its own costs and attorneys' fees incurred in connection with this action. No party shall be deemed a "prevailing party" for purposes of any statute, rule, or agreement providing for the recovery of costs or fees.
4. Vacatur of Remaining Deadlines. All remaining deadlines and scheduling provisions set forth in the Scheduling Order entered in this action (D.I. 22), including, without limitation, the trial date of September 30, 2025, and all pretrial deadlines associated therewith, are hereby VACATED as moot.
5. Retention of Jurisdiction. Notwithstanding the dismissal of this action, the Court shall retain jurisdiction solely for the purposes of enforcing the terms of the parties' settlement agreement, to the extent permitted by applicable law and consistent with the principles set forth in Kokkonen v. Ridgeline Mutual Insurance, 511 U.S. 375 (1994).
6. Closure of Case. The Clerk of Court is hereby directed to CLOSE this case and to terminate all pending motions as moot.
Dated: ______, 2025
SO ORDERED.
________________________________________
CHIEF JUDGE RICHARD G. ANDREWS United States District Court for the District of Delaware
Presented by agreement of the parties:
For Defendant Solstice Biomedical, Inc.:
________________________________________
Marcus Delgado, Esquire Calderwood & Harkness LLP 1201 Market Street, Suite 2500 Wilmington, Delaware 19801 Telephone: (302) 555-4100 Facsimile: (302) 555-4101
Counsel for Defendant Solstice Biomedical, Inc.
For Plaintiff Apex Surgical Innovations, Inc.:
________________________________________
Victoria Stanton, Esquire Hargrove, Tate & Bennington LLP 900 North King Street, Suite 1200 Wilmington, Delaware 19801 Telephone: (302) 555-7800 Facsimile: (302) 555-7801
Counsel for Plaintiff Apex Surgical Innovations, Inc.
DRAFT — Prepared June 12, 2025 — Subject to Review and Revision
This document has been prepared by Calderwood & Harkness LLP for inclusion as part of the definitive settlement documentation package, to accompany the Stipulation of Dismissal with Prejudice forming Exhibit E to the Settlement Agreement and Mutual Release between Apex Surgical Innovations, Inc. and Solstice Biomedical, Inc.
APEX SURGICAL INNOVATIONS, INC.,
Plaintiff, | Civil Action No. 1:24-cv-00587-RGA
v.
SOLSTICE BIOMEDICAL, INC.,
Defendant.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

SO ORDERED.

APEX SURGICAL INNOVATIONS, INC.,

SOLSTICE BIOMEDICAL, INC.,

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