Case 1:19-cv-01410-MN Document 250 Filed 10/16/23 Page 1 of 4 PageID #: 10641
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`Plaintiff,
`
`C.A. No. 1:19-cv-01410-MN
`
`
`
`
`
`VB ASSETS, LLC,
`
`
`
`
`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.
`
`
`
`STIPULATION AND [PROPOSED] ORDER TO
`SUBSTITUTE PARTIES AND AMEND CASE CAPTION
`
`Pursuant to Federal Rule of Civil Procedure 25(c), defendants Amazon.com, Inc.,
`
`Amazon.com LLC, Amazon Web Services, Inc., A2Z Development Center, Inc. d/b/a Lab 126,
`
`AMZN Mobile LLC, AMZN Mobile 2 LLC, Amazon.com Services, Inc. f/k/a Amazon Fulfillment
`
`Services, Inc., and Amazon Digital Services, LLC (collectively, “Amazon”), through their
`
`undersigned counsel, hereby stipulate and agree, subject to the approval of the Court, to substitute
`
`Amazon.com Services LLC for defendants Amazon.com, Inc., Amazon.com LLC, Amazon Web
`
`Services, Inc., A2Z Development Center, Inc. d/b/a Lab 126, AMZN Mobile LLC, AMZN Mobile
`
`2 LLC, Amazon.com Services, Inc. f/k/a Amazon Fulfillment Services, Inc., and Amazon Digital
`
`Services, LLC in this matter. In support of the stipulation, the parties recite as follows:
`
`{01948754;v1 }
`
`* * * * *
`
`1
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`Plaintiff,
`
`C.A. No. 1:19-cv-01410-MN
`
`
`
`
`
`VB ASSETS, LLC,
`
`
`
`
`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.
`
`
`
`STIPULATION AND [PROPOSED] ORDER TO
`SUBSTITUTE PARTIES AND AMEND CASE CAPTION
`
`Pursuant to Federal Rule of Civil Procedure 25(c), defendants Amazon.com, Inc.,
`
`Amazon.com LLC, Amazon Web Services, Inc., A2Z Development Center, Inc. d/b/a Lab 126,
`
`AMZN Mobile LLC, AMZN Mobile 2 LLC, Amazon.com Services, Inc. f/k/a Amazon Fulfillment
`
`Services, Inc., and Amazon Digital Services, LLC (collectively, “Amazon”), through their
`
`undersigned counsel, hereby stipulate and agree, subject to the approval of the Court, to substitute
`
`Amazon.com Services LLC for defendants Amazon.com, Inc., Amazon.com LLC, Amazon Web
`
`Services, Inc., A2Z Development Center, Inc. d/b/a Lab 126, AMZN Mobile LLC, AMZN Mobile
`
`2 LLC, Amazon.com Services, Inc. f/k/a Amazon Fulfillment Services, Inc., and Amazon Digital
`
`Services, LLC in this matter. In support of the stipulation, the parties recite as follows:
`
`{01948754;v1 }
`
`* * * * *
`
`1
`
`
`
`
`Case 1:19-cv-01410-MN Document 250 Filed 10/16/23 Page 2 of 4 PageID #: 10642
`
`
`
`
`
`WHEREAS, Amazon.com Services LLC has acquired the interests of Amazon Digital
`
`Services, LLC, and Amazon Digital Services, LLC no longer exists;
`
`
`
`WHEREAS, Amazon.com, Inc. is a holding company that operates solely through its
`
`operating subsidiaries, including specifically Amazon.com Services LLC;
`
`
`
`WHEREAS, Amazon represents that the only relevant Amazon defendant entity for
`
`purposes of this lawsuit is Amazon.com Services LLC. Thus, for purposes of above-entitled action
`
`only, should any liability be found, Amazon.com Services LLC assumes liability (to the extent any
`
`liability exists) for all acts of alleged infringement by any affiliated Amazon entity, including the
`
`defendants substituted out through this stipulation. For avoidance of doubt, for purposes of this
`
`case only, Amazon.com Services LLC assumes liability (to the extent any liability exists) for (1)
`
`making and operating the Alexa servers, (2) selling Echo devices and tablets, and (3) making and
`
`distributing Amazon-branded mobile apps including Alexa and Amazon Shopping. At trial, the
`
`parties may refer to Amazon.com Services LLC as “Amazon” and neither party will object to such
`
`reference;
`
`WHEREAS, Amazon desires to substitute Amazon.com Services LLC for defendants
`
`Amazon.com, Inc., Amazon.com LLC, Amazon Web Services, Inc., A2Z Development Center,
`
`Inc. d/b/a Lab 126, AMZN Mobile LLC, AMZN Mobile 2 LLC, Amazon.com Services, Inc. f/k/a
`
`Amazon Fulfillment Services, Inc., and Amazon Digital Services, LLC in this matter;
`
`WHEREAS, Amazon.com Services LLC shall be bound by any prior court decisions in
`
`this case and by any discovery conducted of or by Amazon.com, Inc., Amazon.com LLC, Amazon
`
`Web Services, Inc., A2Z Development Center, Inc. d/b/a Lab 126, AMZN Mobile LLC, AMZN
`
`Mobile 2 LLC, Amazon.com Services, Inc. f/k/a Amazon Fulfillment Services, Inc., and Amazon
`
`Digital Services, LLC in this case;
`
`{01948754;v1 }
`
`2
`
`
`
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`Case 1:19-cv-01410-MN Document 250 Filed 10/16/23 Page 3 of 4 PageID #: 10643
`
`
`
`WHEREAS, plaintiff VB Assets, LLC (“VB Assets”) consents to substitution of
`
`Amazon.com Services LLC for defendants Amazon.com, Inc., Amazon.com LLC, Amazon Web
`
`Services, Inc., A2Z Development Center, Inc. d/b/a Lab 126, AMZN Mobile LLC, AMZN Mobile
`
`2 LLC, Amazon.com Services, Inc. f/k/a Amazon Fulfillment Services, Inc., and Amazon Digital
`
`Services, LLC;
`
`WHEREAS, Amazon.com Services LLC consents to the substitution of it for defendants
`
`Amazon.com, Inc., Amazon.com LLC, Amazon Web Services, Inc., A2Z Development Center,
`
`Inc. d/b/a Lab 126, AMZN Mobile LLC, AMZN Mobile 2 LLC, Amazon.com Services, Inc. f/k/a
`
`Amazon Fulfillment Services, Inc., and Amazon Digital Services, LLC, and Amazon shall serve
`
`this Stipulated Motion on Amazon.com Services LLC in accordance with Rule 25(c) and (a)(3);
`
`NOW THEREFORE, VB Assets and Amazon hereby agree, subject to the approval and
`
`Order of the Court, to the substitution of Amazon.com Services LLC for defendants Amazon.com,
`
`Inc., Amazon.com LLC, Amazon Web Services, Inc., A2Z Development Center, Inc. d/b/a Lab
`
`126, AMZN Mobile LLC, AMZN Mobile 2 LLC, Amazon.com Services, Inc. f/k/a Amazon
`
`Fulfillment Services, Inc., and Amazon Digital Services, LLC as a defendant in-suit pursuant to
`
`Fed. R. Civ. P. 25(c). The parties further agree that no party will read from or reference this
`
`Stipulation in front of the jury.
`
`IT IS FURTHER STIPULATED AND AGREED, subject to approval and Order of the
`
`Court, that the case caption in this action shall be amended as follows:
`
`
`
`
`{01948754;v1 }
`
`3
`
`
`
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`Case 1:19-cv-01410-MN Document 250 Filed 10/16/23 Page 4 of 4 PageID #: 10644
`
`
`
`VB ASSETS, LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`AMAZON.COM SERVICES LLC,
`
`
`Defendant.
`
`
`
`
`
`SMITH, KATZENSTEIN & JENKINS LLP
`
`/s/ Neal C. Belgam
`
`
`Neal C. Belgam (#2721)
`Jason Z. Miller (#6310)
`1000 West Street, Suite 1501
`Wilmington, DE 19801
`(302) 652-8400
`nbelgam@skjlaw.com
`jzm@skjlaw.com
`
`Counsel for Plaintiff VB Assets, LLC
`
`C.A. No. 1:19-cv-01410-MN
`
`
`
`ASHBY & GEDDES
`
`/s/ Andrew C. Mayo
`
`
`Steven J. Balick (#2114)
`Andrew C. Mayo (#5207)
`500 Delaware Avenue, 8th Floor
`P.O. Box 1150
`Wilmington, DE 19899
`(302) 654-1888
`sbalick@ashbygeddes.com
`amayo@ashbygeddes.com
`
`
`
`
`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
`
`
`
`IT IS SO ORDERED this _______ of ____________, 2023.
`
`
`
`
`
`
`{01948754;v1 }
`
`
`Honorable Maryellen Noreika
`United States District Judge
`
`
`
`4
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`
`
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