`Case 1:19-cv-01937-MFK-JLH Document 276-2 Filed 01/13/23 Page 1 of 4 PagelD #: 39362
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`EXHIBIT 2
`EXHIBIT 2
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`Case 1:19-cv-01937-MFK-JLH Document 276-2 Filed 01/13/23 Page 2 of 4 PageID #: 39363
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`EXPRESS MOBILE, INC.,
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`GODADDY.COM, LLC,
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`
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`Plaintiff,
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`v.
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` Defendant.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
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`Civil Action No.1:19-cv-01937-MFK
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`)
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`PLAINTIFF EXPRESS MOBILE, INC.’S
`STATEMENT OF ISSUES OF FACT REMAINING TO BE LITIGATED
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`Case 1:19-cv-01937-MFK-JLH Document 276-2 Filed 01/13/23 Page 3 of 4 PageID #: 39364
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`Express Mobile identifies the following issues of fact which remain to be litigated. This
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`statement is based on the current status of the case and the Court’s rulings to date. Express Mobile
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`reserves the right to modify or supplement this statement in response to subsequent rulings by the
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`Court. Should the Court determine that any issue identified here is more appropriately considered
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`an issue of law, Express Mobile incorporates such issues by reference into its Statement of Issues
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`of Law That Remain to be Litigated. Express Mobile incorporates the disputed issues of law listed
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`in Exhibit 4 to the extent that the issues involve disputed factual issues and/or mixed questions of
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`law and fact.
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`I.
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`Infringement
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`1.
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`Whether GoDaddy infringes, literally or under the doctrine of equivalents, claims
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`1, 3, 12, 16, and 22 of the ʼ755 patent.
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`2.
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`Whether GoDaddy infringes, literally or under the doctrine of equivalents, claims
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`1 and 13 of the ʼ287 patent.
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`3.
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`Whether GoDaddy infringes, literally or under the doctrine of equivalents, claims
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`1, 11, 13, 17, and 19 of the ‘044 patent.
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`4.
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`Whether GoDaddy willfully infringes any of the asserted claims of the ʼ755
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`patent, ʼ287 patent or ‘044 patent.
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`II.
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` Validity
`A.
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`Obviousness
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`5.
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`Whether GoDaddy has met its burden, by clear and convincing evidence, that
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`claims 1, 3, 12, 16, and 22 of the ʼ755 patent are obvious.
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`6.
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`Whether GoDaddy has met its burden, by clear and convincing evidence, that
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`claims 1 and 13 of the ʼ287 patent are obvious.
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`1
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`Case 1:19-cv-01937-MFK-JLH Document 276-2 Filed 01/13/23 Page 4 of 4 PageID #: 39365
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`7.
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`Whether GoDaddy has met its burden, by clear and convincing evidence, that
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`claims 1, 11, 13, 17, and 19 of the ‘044 patent are obvious.
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`III. Damages
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`8.
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`The amount of compensation to which Express Mobile is entitled should the jury
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`find GoDaddy infringed any valid Asserted Claim, including no less than a reasonable royalty.
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`2
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