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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Plaintiff,
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`Defendant.
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`C.A. No. 20-518 (LPS)
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`AMERANTH, INC.,
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`v.
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`OLO INC.,
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`DEFENDANT’S MOTION FOR RECOVERY OF
`ATTORNEYS’ FEES UNDER 35 U.S.C. § 285
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`Defendant Olo Inc. (“Olo”), by and through undersigned counsel, respectfully move this
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`Court to declare this case exceptional under 35 U.S.C. § 285 and award Olo its attorneys’ fees
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`and expenses incurred in defending this case plus pre-judgment interest. The grounds for this
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`motion are set forth in the accompanying brief.
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
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`/s/ Karen Jacobs
`_____________________________________
`Jack B. Blumenfeld (#1014)
`Karen Jacobs (#2881)
`Cameron P. Clark (#6647)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@morrisnichols.com
`kjacobs@morrisnichols.com
`cclark@morrisnichols.com
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`Attorneys for Defendant
`Olo Inc.
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`OF COUNSEL:
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`Heidi L. Keefe
`Lowell D. Mead
`COOLEY LLP
`3175 Hanover Street
`Palo Alto, CA 94304-1130
`(650) 843 5000
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`July 11, 2022
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`Case 1:20-cv-00518-JLH Document 37 Filed 07/11/22 Page 2 of 3 PageID #: 798
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`CERTIFICATION PURSUANT TO LOCAL RULE 7.1.1
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`I hereby certify that counsel for Defendant Olo Inc. have made reasonable efforts to reach
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`agreement with counsel for Plaintiff on the subject matter of the attached motion, including a
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`telephonic meet and confer on June 30, 2022, but that we were unable to reach agreement.
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`Plaintiff confirmed that it opposes this motion.
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`/s/ Karen Jacobs
`_______________________________
`Karen Jacobs (#2881)
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`Case 1:20-cv-00518-JLH Document 37 Filed 07/11/22 Page 3 of 3 PageID #: 799
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`CERTIFICATE OF SERVICE
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`I hereby certify that on July 11, 2022, I caused the foregoing to be electronically filed
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`with the Clerk of the Court using CM/ECF, which will send notification of such filing to all
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`registered participants.
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`I further certify that I caused copies of the foregoing document to be served on
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`July 11, 2022, upon the following in the manner indicated:
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`Stamatios Stamoulis
`Richard Weinblatt
`Stamoulis & Weinblatt LLC
`800 N. West Street, Third Floor
`Wilmington, DE 19801
` Attorneys for Plaintiff
` Ameranth, Inc.
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`Shekhar Vyas
`Stamoulis & Weinblatt LLC
`302 Washington Street, #150-2028
`San Diego, CA 92103
` Attorneys for Plaintiff
` Ameranth, Inc.
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`/s/ Karen Jacobs
`_______________________________
`Karen Jacobs (#2881)
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