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`May 26, 2023
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`VIA ELECTRONIC FILING
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`The Honorable Maryellen Noreika
`United States District Court
`844 N. King Street
`Wilmington, DE 19801
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`Re:
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`VB Assets, LLC v. Amazon.com, Inc., et al., C.A. No. 19-1410-MN
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`Dear Judge Noreika:
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`I write on behalf of Defendants (collectively, “Amazon”) in the above action, in response
`to the Court’s May 23, 2023 Order (D.I. 221) instructing Amazon to rank its grounds for summary
`judgment. Citations are to Amazon’s omnibus opening (D.I. 186) and reply (D.I. 212) briefs.
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`1. The ’703 patent is invalid under 35 U.S.C. § 101 (D.I. 186, § IV.A.1; D.I. 212, § I.A.)
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`2. The ’097 patent is invalid under 35 U.S.C. § 101 (D.I. 186, § IV.A.2.; D.I. 212, § I.B.)
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`3. VB Assets fails to identify any “utterance” in Alexa that meets each limitation of the ’681
`patent’s claims, nor does Alexa “grammatically or syntactically adapt[]” its response to
`an utterance as the ’681 patent’s claims require (D.I. 186, § IV.C.; D.I. 212, §§ II.A.-B.)
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`4. VB Assets fails to identify a specific pair of utterances in Alexa that meet each limitation
`of the ’536 patent’s claims (D.I. 186, § IV.D.; D.I. 212, § II.C.)
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`5. Alexa’s ASR has never mapped phonemes to syllables as required by asserted claims 1,
`27, 29, 35, and 36 of the ’176 patent (D.I. 186, § IV.F.1.; D.I. 212, § II.E.)
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`6. Alexa does not reinterpret a previous utterance as required by asserted claims 14, 40, 43,
`45 and 46 of the ’176 patent (D.I. 186, § IV.F.2.; D.I. 212, § II.F.)
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`7. Alexa does not determine what a “pronoun refers to” during a shopping interaction as the
`’097 patent’s claims require (D.I. 186, § IV.E.; D.I. 212, § II.D.)
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`8. Alexa does not determine “a context based at least on the one or more words or phrases”
`of a received utterance and identify, “without further user input,” “a product or service to
`be purchased . . .based at least on the determined context” as the ’703 patent’s claims
`require (D.I. 186, § IV.G.; D.I. 212, § II.G.)
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`9. The ’681 patent is invalid under 35 U.S.C. § 101 (D.I. 186, § IV.A.3.; D.I. 212, § I.C.)
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`Respectfully,
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`/s/ Steven J. Balick
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`Steven J. Balick (#2114)
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`Case 1:19-cv-01410-MN Document 222 Filed 05/26/23 Page 2 of 2 PageID #: 8973
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`The Honorable Maryellen Noreika
`May 26, 2023
`Page 2 of 2
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`SJB/nlm
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`cc:
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`Counsel of Record (via electronic mail)
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