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`October 28, 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. 19-01410-MN
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`Dear Judge Noreika:
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`Since filing the pre-trial order on September 28, 2023, Plaintiff VB Assets, LLC (“VB
`Assets”) and Defendant Amazon.com Services LLC (“Amazon”) have worked to narrow the
`issues for trial. This letter summarizes those narrowed issues:
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` VB Assets has dropped one asserted patent and has narrowed the asserted claims
`of the remaining patents to five claims: claims 13 and 29 of U.S. Patent No.
`8,073,681; claim 25 of U.S. Patent No. 9,626,703; claim 40 of U.S. Patent No.
`7,818,176; and claim 23 of U.S. Patent No. 9,269,097.
` VB Assets will also no longer assert a claim of indirect infringement at trial.
` Amazon has reduced its obviousness grounds by removing the MiPad prior art
`system.
` The parties have also resolved some disputes with respect to the verdict form and
`final jury instructions and can submit revised versions when convenient for the
`Court.
` VB Assets also reduced the number of trial witnesses.
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`In addition, since submitting the pre-trial order, the parties stipulated to the substitution
`of Amazon.com Services LLC as the sole defendant in this case. (D.I. 251). The parties’ agreed
`preliminary jury instructions, filed as D.I. 243, still list the Amazon defendants that have since
`been dropped from the case. The parties are ready to submit a revised version of the preliminary
`instructions to reflect that there is only one defendant in the case, with the Court’s permission.
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`cc: All Counsel of Record (via electronic mail)
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`Respectfully,
`/s/ Andrew C. Mayo
`Andrew C. Mayo (#5207)
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