Case 1:19-cv-01410-MN Document 259 Filed 10/30/23 Page 1 of 4 PageID #: 10716
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`VB ASSETS, LLC,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Plaintiff,
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`v.
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`AMAZON.COM SERVICES LLC,
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`Defendant.
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`C.A. No. 1:19-cv-01410-MN
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`STIPULATION AND [PROPOSED] ORDER REGARDING
`AMAZON’S MOTIONS IN LIMINE NOS. 1 AND 3
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`Defendant Amazon.com Services LLC (“Amazon”) and Plaintiff VB Assets, LLC (“VB
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`Assets”), through their undersigned counsel, hereby stipulate and agree, subject to the approval
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`and Order of the Court, to the below-described agreements in resolution of Amazon’s pending
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`Motions in Limine Nos. 1 and 3.
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`* * * * *
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`WHEREAS, Amazon filed Motion in Limine No. 1 to Exclude Argument, Evidence,
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`Testimony, or Reference to Copying, Trespass, Stealing, or Theft of Technology or Ideas from
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`Others, Including Any Reference to “Alexus” (D.I. 239-1, Ex. 14);
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`WHEREAS, Amazon filed Motion in Limine No. 3 to Exclude Argument, Evidence, or
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`Testimony Regarding Any Conception, Reduction to Practice, or Diligence Before the Earliest
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`Effective Filing Date of Each Asserted Patent (D.I. 239-1, Ex. 16);
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`WHEREAS, VB Assets opposed Motions in Limine Nos. 1 and 3.
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`WHEREAS, the parties met and conferred and reached an agreement on Amazon’s
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`Motions in Limine Nos. 1 and 3 on October 29, 2023;
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`Case 1:19-cv-01410-MN Document 259 Filed 10/30/23 Page 2 of 4 PageID #: 10717
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`that:
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`WHEREAS, with respect to Amazon’s Motion in Limine No. 1, the parties agreed that:
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`At trial, VB Assets, LLC ("VB Assets") will not use the words (i) “Alexus”; or
`(ii) “copy,” “steal,” “theft,” or “trespass” (or clear variations of these words) to
`describe Amazon or its conduct or behavior. VB Assets will not present any
`argument, evidence, or testimony that Amazon copied any VB Assets or
`VoiceBox product. VB Assets will also not elicit any testimony from its fact or
`expert witnesses that (i) Amazon copied any embodiments or features from the
`asserted patents into the accused product or that (ii) Amazon copied ideas or
`designs that VB Assets or VoiceBox allegedly disclosed to Amazon into the
`accused product. Nothing in this MIL precludes VB Assets from arguing or
`presenting evidence that Alexa infringes the asserted claims or that Amazon’s
`alleged infringement was willful;
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`AND WHEREAS, with respect to Amazon’s Motion in Limine No. 3, the parties agreed
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`VB Assets, LLC (“VB Assets”) will not present argument, evidence, or
`testimony that VB Assets has a priority date earlier than the effective filing
`dates listed on the asserted patents. VB Assets will not attempt to swear
`behind any prior art based on an earlier date of conception or reduction to
`practice or otherwise suggest that it conceived of the claimed inventions before
`the effective filing dates listed on the asserted patents. VB Assets agrees that it
`will rely on the constructive reduction to practice date (e.g., the effective filing
`dates). VB Assets will also not present argument, evidence, or testimony that
`maps features or components of earlier products of VB Assets or VoiceBox to
`any claim language of the asserted claims. Nothing in this MIL prevents (i)
`VB Assets from providing testimony and argument at trial regarding Voice
`Box’s products, product plans, or business plans; or (ii) VB Assets witnesses
`from discussing contemporaneous documents with language that may also
`appear in the asserted patent claims;
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`NOW THEREFORE, VB Assets and Amazon hereby stipulate and agree, subject to the
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`approval and Order of the Court, to the above-recited agreements in resolution of Amazon’s
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`pending Motions in Limine Nos. 1 and 3.
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`Case 1:19-cv-01410-MN Document 259 Filed 10/30/23 Page 3 of 4 PageID #: 10718
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`Dated: October 30, 2023
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`/s/ Neal C. Belgam
`SMITH, KATZENSTEIN & JENKINS LLP
`Neal C. Belgam (No. 2721)
`Jason Z. Miller (#6310)
`1000 West Street, Suite 1501
`Wilmington, DE 19801
`(302) 652-8400
`nbelgam@skjlaw.com
`jzm@skjlaw.com
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`Counsel for Plaintiff VB Assets, LLC
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`Respectfully submitted,
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`/s/ Andrew C. Mayo
`ASHBY & GEDDES
`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
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`Counsel for Defendant Amazon.com Services
`LLC
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`Case 1:19-cv-01410-MN Document 259 Filed 10/30/23 Page 4 of 4 PageID #: 10719
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`IT IS SO ORDERED this _______ of ____________, 2023.
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`Honorable Maryellen Noreika
`United States District Judge
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