The stipulation invokes Rule 41(a)(1)(A)(ii), the bilateral dismissal mechanism requiring written consent from all parties. The phrase ‘with prejudice’ is the operative legal term: it converts the voluntary exit into a final judgment on the merits, permanently barring Bardy from reasserting these claims against Vital Connect on these products. The mutual cost-bearing clause — ‘each party shall bear its own costs and fees’ — is standard in negotiated resolutions and forecloses any subsequent fee motion under 35 U.S.C. § 285. The stipulation’s symmetry suggests a commercially negotiated conclusion rather than a unilateral capitulation by either party.

Any company developing, manufacturing, or commercialising wearable ECG monitoring patches — particularly those featuring elongated flexible backing strips, body-worn electrode configurations, or continuous ambulatory cardiac monitoring methods — should treat these two Bardy patents as priority FTO targets. The patents survived nearly three years of adversarial litigation without invalidation, and the dismissal is party-specific: it provides no protection to any third-party biosensor or cardiac patch manufacturer.

PatSnap Eureka’s FTO Search Agent enables R&D and product teams to map claim language from US11051743B2 and US11445967B2 against pending product designs before commercialisation. Eureka surfaces forward citations, family members, and prosecution history to identify design-around opportunities and assess claim scope. For wearable medtech teams approaching product launch, an Eureka-driven FTO analysis can flag infringement risk early — when design changes are still commercially viable.