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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`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
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`REDACTED PUBLIC VERSION
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`DECLARATION OF JEFFREY A. WARE IN SUPPORT OF DEFENDANTS’
`REPLY TO MOTION TO EXCLUDE THE UNRELIABLE TESTIMONY
`OF VB ASSETS’ DAMAGES EXPERT BRETT REED
`
`ASHBY & GEDDES, P.A.
`Steven J. Balick (#2114)
`sbalick@ashbygeddes.com
`Andrew C. Mayo (#5207)
`amayo@ashbygeddes.com
`500 Delaware Avenue, 8th Floor
`P.O. Box 1150
`Wilmington, DE 19899
`(302) 654-1888
`
`Counsel 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.com
`Services LLC
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`Of counsel:
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`J. David Hadden, CSB No. 176148
`Saina S. Shamilov, CSB No. 215636
`Ravi R. Ranganath, CSB No. 272981
`Vigen Salmastlian, CSB No. 276846
`Allen Wang, CBS No. 278953
`Johnson Kuncheria, CSB No. 335765
`Min Wu, CSB No. 307512
`Jeffrey A. Ware, CSB No. 271603
`Rebecca A.E. Fewkes, CSB No. 209168
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`(650) 988-8500
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`Dated: March 24, 2023
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`{01892047;v1 }
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`Case 1:19-cv-01410-MN Document 216 Filed 03/30/23 Page 2 of 7 PageID #: 8875
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`I, Jeffrey A. Ware, hereby declare as follows:
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`1.
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`I am a licensed attorney admitted in the States of Washington and California. I am
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`of counsel with the law firm of Fenwick & West LLP, counsel of record for Defendants
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`Amazon.com, Inc., Amazon.com LLC, Amazon Web Services, Inc., A2Z Development Center,
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`Inc. d/b/a Lab126, Rawles LLC, AMZN Mobile LLC, AMZN Mobile 2 LLC, Amazon.com
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`Services, Inc. f/k/a Amazon Fulfillment Services, Inc., and Amazon Digital Services LLC
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`(collectively, “Amazon”) in this matter. I have personal knowledge of the facts set forth in this
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`declaration submitted in support of Defendants’ Reply Motion to Exclude the Unreliable
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`Testimony of VB Assets’ Damages Expert Brett Reed and, if called upon to do so, could and would
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`testify competently as to the matters set forth herein.
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`2.
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`Attached as Exhibit 11 is a true and correct copy of excerpts from the deposition
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`transcript of Brett L. Reed, taken on December 12, 2022.
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`3.
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`Attached as Exhibit 12 is a true and correct copy of excerpts from the deposition
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`transcript of Nathaniel Polish, Ph.D., taken on December 8, 2022.
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` declare under penalty of perjury under the laws of the United States of America that the
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` I
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`foregoing is true and correct, and that this declaration was executed on this 24th day of March,
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`2023, in Seattle, Washington.
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`
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`/s/ Jeffrey A. Ware
`Jeffrey A. Ware
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`
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`{01892047;v1 }
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`1
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`Case 1:19-cv-01410-MN Document 216 Filed 03/30/23 Page 3 of 7 PageID #: 8876
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`CERTIFICATE OF SERVICE
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`I hereby certify that on the 24th day of March, 2023, the attached DECLARATION OF
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`JEFFREY A. WARE IN SUPPORT OF DEFENDANTS’ REPLY TO MOTION TO
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`EXCLUDE THE UNRELIABLE TESTIMONY OF VB ASSETS’ DAMAGES EXPERT
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`BRETT REED was served upon the below-named counsel of record at the address and in the
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`manner indicated:
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`
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`Ian R. Liston, Esquire
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`222 Delaware Avenue, Suite 800
`Wilmington, DE 19801
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`
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`Erik J. Carlson, Esquire
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`633 West Fifth Street, Suite 1550
`Los Angeles, CA 90071-2027
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`
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`James C. Yoon, Esquire
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`650 Page Mill Road
`Palo Alto, CA 94304
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`/s/ Andrew C. Mayo
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`Andrew C. Mayo
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`Case 1:19-cv-01410-MN Document 216 Filed 03/30/23 Page 4 of 7 PagelD #: 8877
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`EXHIBIT 11
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`Case 1:19-cv-01410-MN Document 216 Filed 03/30/23 Page 5 of 7 PageID #: 8878
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`REDACTED IN
`ITS ENTIRETY
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`{00925327;v1 }
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`Case 1:19-cv-01410-MN Document 216 Filed 03/30/23 Page 6 of 7 PagelD #: 8879
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`EXHIBIT 12
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`Case 1:19-cv-01410-MN Document 216 Filed 03/30/23 Page 7 of 7 PageID #: 8880
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`REDACTED IN
`ITS ENTIRETY
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`{00925327;v1 }
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