Case 1:19-cv-01410-MN Document 143 Filed 05/19/22 Page 1 of 4 PageID #: 2542
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`VB ASSETS, LLC,
`
`Plaintiff,
`
`v.
`
`AMAZON.COM, INC., AMAZON.COM LLC,
`AMAZON WEB SERVICES, INC., A2Z
`DEVELOPMENT CENTER, INC. d/b/a LAB126,
`RAWLES LLC, AMZN MOBILE LLC, AMZN
`MOBILE 2 LLC, AMAZON.COM SERVICES, INC.
`f/k/a AMAZON FULFILLMENT SERVICES, INC.,
`and AMAZON DIGITAL SERVICES LLC,
`
`Defendants.
`
`C.A. No. 1:19-cv-01410-MN
`
`JOINT STIPULATION AND [PROPOSED] ORDER
`
`WHEREAS, on March 9, 2022, this Court entered an Order amending the Scheduling
`
`Order in this action (D.I. 119);
`
`WHEREAS, the parties are cooperating to schedule and take the more than thirty
`
`depositions of party and third-party witnesses that they have collectively noticed or discussed;
`
`WHEREAS, multiple depositions have been postponed and are being rescheduled due to
`
`health issues, including COVID-19 infection, of both witnesses and counsel;
`
`WHEREAS, the parties are working cooperatively to narrow the case and reduce the
`
`number of depositions each side will take;
`
`WHEREAS, even with such reductions, the parties anticipate that they will be unable
`
`complete all fact depositions in this matter until June 24, 2022; and
`
`WHEREAS, the parties have conferred and agree that reducing the number of asserted
`
`claims and invalidity references in the case prior to the close of fact discovery and the service of
`
`opening expert reports would streamline the case, narrowing the scope of expert disclosures,
`
`1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`VB ASSETS, LLC,
`
`Plaintiff,
`
`v.
`
`AMAZON.COM, INC., AMAZON.COM LLC,
`AMAZON WEB SERVICES, INC., A2Z
`DEVELOPMENT CENTER, INC. d/b/a LAB126,
`RAWLES LLC, AMZN MOBILE LLC, AMZN
`MOBILE 2 LLC, AMAZON.COM SERVICES, INC.
`f/k/a AMAZON FULFILLMENT SERVICES, INC.,
`and AMAZON DIGITAL SERVICES LLC,
`
`Defendants.
`
`C.A. No. 1:19-cv-01410-MN
`
`JOINT STIPULATION AND [PROPOSED] ORDER
`
`WHEREAS, on March 9, 2022, this Court entered an Order amending the Scheduling
`
`Order in this action (D.I. 119);
`
`WHEREAS, the parties are cooperating to schedule and take the more than thirty
`
`depositions of party and third-party witnesses that they have collectively noticed or discussed;
`
`WHEREAS, multiple depositions have been postponed and are being rescheduled due to
`
`health issues, including COVID-19 infection, of both witnesses and counsel;
`
`WHEREAS, the parties are working cooperatively to narrow the case and reduce the
`
`number of depositions each side will take;
`
`WHEREAS, even with such reductions, the parties anticipate that they will be unable
`
`complete all fact depositions in this matter until June 24, 2022; and
`
`WHEREAS, the parties have conferred and agree that reducing the number of asserted
`
`claims and invalidity references in the case prior to the close of fact discovery and the service of
`
`opening expert reports would streamline the case, narrowing the scope of expert disclosures,
`
`1
`
`
`
`Case 1:19-cv-01410-MN Document 143 Filed 05/19/22 Page 2 of 4 PageID #: 2543
`
`dispositive motions, and trial, which would benefit the parties and reduce the burden on the Court;
`
`IT IS HEREBY STIPULATED AND AGREED, subject to the approval and Order of the
`
`Court, that to allow the parties time to complete the necessary fact discovery, and to narrow the
`
`asserted claims and prior art in advance of expert reports and trial, the deadlines in the Court’s
`
`March 9, 2022 Order (D.I. 119) shall be modified and amended as set forth in the below table.
`
`Except as noted in the below table, no other dates are to be changed at this stage absent the Court’s
`
`instruction or Order to the contrary.
`
`The undersigned counsel hereby certify that they provided a copy of this stipulation to their
`
`clients in compliance with District of Delaware Local Rule 16.4(b).
`
`Existing
`Deadline
`N/A
`
`Proposed
`Deadline
`6/3/2022
`
`N/A
`
`
`
`6/17/2022
`
`5/20/2022
`7/8/2022
`8/12/2022
`9/16/2022
`10/7/2022
`11/4/2022
`12/2/2022
`12/23/2022
`
`TBD
`
`TBD
`TBD
`
`6/24/2022
`7/22/2022
`8/25/2022
`(Unchanged)
`(Unchanged)
`(Unchanged)
`(Unchanged)
`(Unchanged)
`
`TBD
`
`TBD
`TBD
`
`Event / Deadline
`
`Plaintiff will reduce the number of asserted claims to 45
`or fewer.
`Defendants will reduce the number of invalidity grounds
`to 6 or fewer grounds for each asserted claim, where an
`invalidity ground may be based on anticipation or an
`obviousness combination of references.1
`Fact discovery closes
`Opening expert report
`Rebuttal expert report
`Reply expert report
`Expert discovery closes
`Case-dispositive motions
`Response to dispositive motions
`Reply to dispositive motions
`File (i) proposed voir dire, (ii) preliminary jury
`instructions, (iii) final jury instructions, (iv) special
`verdict forms
`Pretrial conference
`Jury Trial (7 days)
`
`1 This reduction shall not apply to any other non-prior art invalidity grounds, including any
`defenses under 35 U.S.C. § 101 and/or § 112.
`
`2
`
`
`
`Case 1:19-cv-01410-MN Document 143 Filed 05/19/22 Page 3 of 4 PageID #: 2544
`
`WILSON SONSINI GOODRICH & ROSATI
`
` ASHBY & GEDDES
`
`/s/ Ian R. Liston
`Ian R. Liston (#5507)
`Jennifer A. Ward (#6476)
`222 Delaware Avenue, Suite 800
`Wilmington, DE 19801
`iliston@wsgr.com
`jward@wsgr.com
`Telephone: (302) 304-7600
`
`Of Counsel:
`Edward G. Poplawski, admitted pro hac vice
`Erik J. Carlson, admitted pro hac vice
`Ryan S. Benyamin, admitted pro hac vice
`633 West Fifth Street, Suite 1550
`Los Angeles, CA 90071-2027
`epoplawski@wsgr.com
`ecarlson@wsgr.com
`rbenyamin@wsgr.com
`Telephone: (323) 210-2900
`Facsimile: (866) 974-7329
`James C. Yoon, admitted pro hac vice
`Ryan Smith, admitted pro hac vice
`650 Page Mill Road
`Palo Alto, CA 94304-1050
`jyoon@wsgr.com
`rsmith@wsgr.com
`Telephone: (650) 493-9300
`Facsimile: (650) 493-6811
`Attorneys for VB Assets, LLC
`
`/s/ Andrew C. Mayo
` Steven J. Balick (#2114)
`Andrew C. Mayo (#5207)
`500 Delaware Avenue, 8th Floor
`P.O. Box 1150
`Wilmington, DE 19899
`sbalick@ashbygeddes.com
`amayo@ashbygeddes.com
`Telephone: (302) 654-1888
`Of Counsel:
`J. David Hadden, CSB No. 176148
`Email: dhadden@fenwick.com
`Saina S. Shamilov, CSB No. 215636
`Email: sshamilov@fenwick.com
`Ravi R. Ranganath, CSB No. 272981
`rranganath@fenwick.com
`Johnson Kuncheria, CSB No. 335765
`jkuncheria@fenwick.com
`Vigen Salmastlian, CSB No. 276846
`Email: vsalmastlian@fenwick.com
`Sapna Mehta, CSB No. 288238
`Email: smehta@fenwick.com
`FENWICK & WEST LLP
`Silicon Valley Center
`801 California Street
`Mountain View, CA 94041
`Telephone: 650.988.8500
`Facsimile: 650.938.520
`Attorneys for Defendants Amazon.com, Inc.,
`Amazon.com LLC, Amazon Web Services, Inc., A2Z
`Development Center, Inc. d/b/a Lab126, Rawles LLC,
`AMZN Mobile LLC, AMZN Mobile 2 LLC,
`Amazon.com Services, Inc. f/k/a Amazon Fulfillment
`Services, Inc., and Amazon Digital Services LLC
`
`3
`
`
`
`Case 1:19-cv-01410-MN Document 143 Filed 05/19/22 Page 4 of 4 PageID #: 2545
`
`SO ORDERED this _____ day of May, 2022.
`
`________________________________
`UNITED STATES DISTRICT JUDGE
`
`4
`
`
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