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`AMERANTH, INC.,
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`Plaintiff,
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`C.A. No. 20-518 (LPS)
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`v.
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`OLO INC.,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`DECLARATION OF LOWELL D. MEAD IN SUPPORT OF DEFENDANT’S MOTION
`FOR RECOVERY OF ATTORNEYS’ FEES UNDER 35 U.S.C. § 285
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`Defendant.
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`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-GBW Document 39 Filed 07/11/22 Page 2 of 4 PageID #: 828
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`I, Lowell D. Mead, declare:
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`1.
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`I am a partner with Cooley LLP, counsel in this action for Defendant Olo Inc.
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`(“Olo”). I submit this declaration in support of Defendant’s Motion for Recovery of Attorneys’
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`Fees Under 35 U.S.C. § 285. I have personal knowledge of the facts contained within this
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`declaration, and if called as a witness, could testify competently to the matter contained herein.
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`2.
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`Attached hereto as Exhibit A is a true and correct copy of an email dated October
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`16, 2020 from counsel for Olo to counsel for Ameranth, Inc. (“Ameranth”).
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`3.
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`Attached hereto as Exhibit B is a true and correct copy of an email dated October
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`19, 2020 from counsel for Olo to counsel for Ameranth.
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`4.
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`Attached hereto as Exhibit C is a true and correct copy of an email dated February
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`10, 2021 from counsel for Olo to counsel for Ameranth.
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`5.
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`Attached hereto as Exhibit D is a true and correct copy of a posting dated October
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`6, 2020 from Ameranth’s website at http://www.ameranth.com/news.html.
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`6.
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`Attached hereto as Exhibit E is a true and correct copy of a Law360 article dated
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`June 13, 2022 entitled “Justices Skip Software Co.’s Patent Eligibility Row.”
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`7.
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`I have reviewed information regarding the timekeeper fees billed to Olo for work
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`performed by Cooley LLP and Morris Nichols Arsht & Tunnell LLP in connection with this matter
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`since Ameranth filed this action in April 2020. Based on the reviewed information, approximately
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`$303,000 in timekeeper fees has been billed to Olo as of the filing of this motion. Based on the
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`reviewed information and my substantial personal involvement in this matter on behalf of Olo, the
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`billed work was performed by Olo’s attorneys and other timekeeper professionals as a reasonable
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`direct result of Ameranth’s assertions in this action.
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`1
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`Case 1:20-cv-00518-GBW Document 39 Filed 07/11/22 Page 3 of 4 PageID #: 829
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`I declare under penalty of perjury that the foregoing is true and correct to the best of my
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`knowledge. Executed on July 11, 2022 at Palo Alto, California.
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`/s/ Lowell D. Mead
`Lowell D. Mead
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`2
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`Case 1:20-cv-00518-GBW Document 39 Filed 07/11/22 Page 4 of 4 PageID #: 830
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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 with
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`the Clerk of the Court using CM/ECF, which will send notification of such filing to all registered
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`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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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`/s/ Karen Jacobs
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`Karen Jacobs (#2881)
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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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