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Case 1:19-cv-01410-MN Document 209 Filed 03/10/23 Page 1 of 4 PageID #: 8422
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`VB ASSETS, LLC,
`
`Plaintiff,
`
`v.
`
`AMAZON.COM, et al.,
`
`Defendants.
`
`
`
`
`
`Case No.: 19-1410-MN
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`DECLARATION OF IAN R. LISTON IN SUPPORT OF PLAINTIFF’S RESPONSE S IN
`OPPOSITION TO AMAZON’S MOTIONS FOR SUMMARY JUDGMENT OF
`INVALIDITY AND NON-INFRINGEMENT, AND MOTION TO EXCLUDE
`UNRELIABLE TESTIMONY OF DAMAGES EXPERT BRETT REED
`
`
`
`
`
`I, Ian R. Liston, declare the following:
`
`1.
`
`I am an attorney at Wilson Sonsini Goodrich & Rosati, counsel for Plaintiff VB
`
`Assets, LLC (“VoiceBox”). I submit this Declaration in support of Plaintiff’s responses to
`
`Amazon’s Motion for Summary Judgment of Invalidity and Non-Infringement, and Motion to
`
`Exclude Unreliable Testimony of Damages Expert Brett Reed. I have personal knowledge of the
`
`facts set forth herein. I could and would competently testify to those facts if called upon to do so.
`
`2.
`
`Attached hereto as Exhibit A is a true and correct copy of excerpts to Plaintiff’s
`
`Supplemental Objections and Responses to Defendants’ First Set of Interrogatories (No. 1), dated
`
`June 24, 2022. [FUS]
`
`3.
`
`Attached hereto as Exhibit B is a true and correct copy of a, Alexa Shopping Q3
`
`2018 Quarterly Business Review, bearing bates numbers AMZ_VB_00434252
`
`-
`
`AMZ_VB_00434282, dated November 2, 2018. [FUS]
`
`4.
`
`Attached hereto as Exhibit C is a true and correct copy of an Alexa Shopping Q3
`
`2019 Quarterly Business Review bearing bates numbers AMZ_VB_00386884
`
`-
`
`AMZ_VB_00386904, dated January 1, 2019. [FUS]
`
`-1-
`
`REDACTED VERSION
`FILED MARCH 10, 2023
`
`

`

`Case 1:19-cv-01410-MN Document 209 Filed 03/10/23 Page 2 of 4 PageID #: 8423
`
`5.
`
`Attached hereto as Exhibit D is a true and correct copy of an Amazon Alexa Dave
`
`Limp, Tom Taylor, Rohit Prasad Summary bearing bates numbers AMZ_VB_100002071 -
`
`AMZ_VB_100002081, dated May 22, 2019. [FUS]
`
`6.
`
`Attached hereto as Exhibit E is a true and correct copy of an Alexa Shopping Q4
`
`2018 Quarterly Business Review bearing bates numbers AMZE_VB_00436348 -
`
`AMZE_VB_00436354, dated February 4, 2019. [FUS]
`
`7.
`
`Attached hereto as Exhibit F is a true and correct copy of a Voice and Advanced
`
`NUI Shopping (VANS) Q2 2016 Business Review bearing bates numbers AMZ_VB_00439635
`
`- AMZ_VB_00439645, dated July 29, 2016. [FUS]
`
`8.
`
`Attached hereto as Exhibit G is a true and correct copy of excerpts to the Remote
`
`Video Deposition Transcript of Brett L. Reed, taken December 12, 2022. [FUS]
`
`9.
`
`Attached hereto as Exhibit H is a true and correct copy of and Answering Brief
`
`in Opposition to Sprint’s Consol. Mot to Exclude Expert Testimony of Brett Reed and Regis
`
`Bates in TC Tech., LLC v. Sprint Corp., No. 16-cv-153-WCB, D.I. 300 (D. Del. Jan. 16, 2019).
`
`10.
`
`Attached hereto as Exhibit I is a true and correct copy of a Memorandum Opinion
`
`in TC Tech., LLC v. Sprint Corp., No. 16-cv-153-WCB, D.I. 393 (D. Del. June 18, 2019).
`
`11.
`
`Attached hereto as Exhibit J is a true and correct copy of excerpts to the Rebuttal
`
`Expert Report of Keith Ugone, consisting of Exhibits 13-14, dated September 22, 2022. [FUS]
`
`12.
`
`Attached hereto as Exhibit K is a true and correct copy of the Petition for Inter
`
`Partes Review in IPR2020-01346, Paper 1 in Amazon.com v. VB Assets, LLC for U.S. Patent No.
`
`9,015,049, dated July 23, 2020.
`
`13.
`
`Attached hereto as Exhibit L is a true and correct copy of the Petition for Inter
`
`Partes Review in IPR2020-01367, Paper 1 in Amazon.com v. VB Assets, LLC for U.S. Patent No.
`
`8,073,681, dated July 28, 2020.
`
`-2-
`
`

`

`Case 1:19-cv-01410-MN Document 209 Filed 03/10/23 Page 3 of 4 PageID #: 8424
`
`14.
`
`Attached hereto as Exhibit M is a true and correct copy of the Final Written
`
`Decision in IPR2020-01367, Paper 27 in Amazon.com v. VB Assets, LLC, dated March 7, 2022.
`
`15.
`
`Attached hereto as Exhibit N is a true and correct copy of excerpts to Plaintiff’s
`
`Supplemental Responses to Defendants’ First Set of Interrogatories (No. 5), dated November 23,
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`2021.
`
`16.
`
`Attached hereto as Exhibit O is a true and correct copy of excerpts to the File
`
`Wrapper for U.S. Patent No. 8,073,681, bearing bates numbers VoiceBox-000442 – VoiceBox-
`
`0001599.
`
`17.
`
`Attached hereto as Exhibit P is a true and correct copy of excerpts to the
`
`Deposition Transcript of Nathan Polish, dated December 8, 2022. [FUS]
`
`18.
`
`Attached hereto as Exhibit Q is a true and correct copy of excerpts to the
`
`Deposition Transcript of Rajiv Mehta, dated May 19, 2022. [FUS]
`
`19.
`
`Attached hereto as Exhibit R is a true and correct copy of excerpts to the
`
`Deposition Transcript of John Charles Peck, Jr., dated November 3, 2022. [FUS]
`
`20.
`
`Attached hereto as Exhibit S is a true and correct copy of the Reply Expert Report
`
`of John Peck, dated October 14, 2022. [FUS]
`
`21.
`
`Attached hereto as Exhibit T is a true and correct copy of a document bearing the
`
`beginning Bates number AMZ_VB_00085657, titled Alexa Shopping Cross-Doman Context.
`
`[FUS]
`
`
`
`
`
`
`
`-3-
`
`

`

`Case 1:19-cv-01410-MN Document 209 Filed 03/10/23 Page 4 of 4 PageID #: 8425
`
`I declare under penalty of perjury of the laws of the United States of America that the
`
`foregoing is true and correct. Executed this 3rd day of March 2023, in Wilmington, Delaware.
`
`
`
`
`
`/s/ Ian R. Liston
`
`Ian R. Liston (#5507)
`
`
`
`
`
`
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`-4-
`
`

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