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Case 1:22-cv-00904-RGA-SRF Document 150 Filed 05/31/24 Page 1 of 2 PageID #:
`15821
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`ACCELERATION BAY, LLC, a
`Delaware Limited Liability Corporation,
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
`AMAZON WEB SERVICES, INC., a
`Delaware Corporation,
`
`
`Defendant.
`
`
`
`
`
`
`
`C.A. No. 22-904-RGA-SRF
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`
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`)
`)
`)
`)
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`)
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`PLAINTIFF ACCELERATION BAY, LLC’S MOTION
`FOR SUMMARY JUDGMENT AND DAUBERT MOTION TO
`EXCLUDE AMAZON WEB SERVICES, INC.’S EXPERT OPINIONS
`
`Pursuant to Federal Rule of Civil Procedure 56, Plaintiff Acceleration Bay, LLC
`
`(“Acceleration Bay”), hereby moves the Court for (1) partial summary judgment that the Transit
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`Gateway product satisfies the m-regular and incomplete limitations of the asserted claims, (2)
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`summary judgment that the asserted claims are novel and non-obvious, and (3) summary
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`judgment that there are no non-infringing alternatives available to Defendant Amazon Web
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`Services, Inc.
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`Pursuant to Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 597 (1993) and Rule
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`702 of the Federal Rules of Evidence, Acceleration Bay also moves to exclude the proposed (1)
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`invalidity opinions of Mr. Greene, (2) non-infringing alternative opinions of Ms. Sultanik and
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`Ms. Kindler, and (3) damages opinions of Ms. Kindler.
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`The grounds for these motions are fully set forth in Acceleration Bay’ Opening Brief and
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`the supporting Declaration of Christina M. Finn, filed contemporaneously herewith, and upon the
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`papers, records, and pleadings on file with the Court.
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`

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`Case 1:22-cv-00904-RGA-SRF Document 150 Filed 05/31/24 Page 2 of 2 PageID #:
`15822
`
`Pursuant to D. Del. LR 7.1.1, Acceleration Bay certifies that the parties have met and
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`conferred on the subjects of its Daubert Motions, but were unable to reach agreement.
`
`POTTER ANDERSON & CORROON LLP
`
`
`
`By: /s/ Philip A. Rovner
`Philip A. Rovner (#3215)
`Hercules Plaza
`P.O. Box 951
`Wilmington, DE 19899
`(302) 984-6000
`provner@potteranderson.com
`
`
`
`
`Attorneys for Plaintiff
`Acceleration Bay, LLC
`
`
`
`
`OF COUNSEL:
`
`Paul J. Andre
`Lisa Kobialka
`James Hannah
`Kristopher Kastens
`Michael Lee
`Christina M. Finn
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`333 Twin Dolphin Drive, Suite 700
`Redwood Shores, CA 94065
`(650) 752-1700
`
`Aaron M. Frankel
`Marcus A. Colucci
`Cristina Martinez
`Pooja P. Parekh
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`1177 Avenue of the Americas
`New York, NY 10036
`(212) 715-9100
`
`Date: May 31, 2024
`11540024
`
`
`
`2
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`

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