Case 1:22-cv-00904-RGA-SRF Document 183 Filed 07/24/24 Page 1 of 4 PageID #: 24854
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`AMAZON WEB SERVICES, INC.,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 22-904 (RGA) (SRF)
`
`REDACTED - PUBLIC VERSION
`Original Filing Date: June 28, 2024
`Revised Redacted Filing Date: July 24, 2024
`
`DECLARATION OF JEFFREY M. SALTMAN IN SUPPORT OF
`DEFENDANT AMAZON WEB SERVICES, INC.’S REPLY BRIEF
`IN SUPPORT OF ITS SUMMARY JUDGEMENT AND DAUBERT MOTIONS
`
`I, Jeffrey M. Saltman, declare as follows:
`
`1.
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`I am a partner at Fisch Sigler LLP, counsel for Defendant Amazon Web Services,
`
`Inc. (“Amazon”) in the above-captioned action. I am duly licensed to practice law in the State
`
`Maryland and the District of Columbia and am admitted pro hac vice in this action. I make this
`
`declaration of my own personal knowledge, and if compelled to testify, I could and would
`
`competently testify to the matters herein. I submit this Declaration in support of Defendant
`
`Amazon Web Service, Inc.’s Reply Brief in Support of its Summary Judgment and Daubert
`
`Motions (“Amazon’s Reply”).
`
`2.
`
`Attached as Exhibit 51 is a true and correct excerpted copy of the transcript from
`
`the deposition of Kevin Gasper, taken on February 7, 2024.
`
`3.
`
`Attached as Exhibit 52 is a true and correct copy of an email exchange between
`
`Aaron Frankel and Lisa Phillips between December 29, 2023 and January 3, 2024.
`
`4.
`
`Attached as Exhibit 53 is a true and correct excerpted copy of the transcript from
`
`the deposition of Scott Hayden, taken on November 7, 2023.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`AMAZON WEB SERVICES, INC.,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 22-904 (RGA) (SRF)
`
`REDACTED - PUBLIC VERSION
`Original Filing Date: June 28, 2024
`Revised Redacted Filing Date: July 24, 2024
`
`DECLARATION OF JEFFREY M. SALTMAN IN SUPPORT OF
`DEFENDANT AMAZON WEB SERVICES, INC.’S REPLY BRIEF
`IN SUPPORT OF ITS SUMMARY JUDGEMENT AND DAUBERT MOTIONS
`
`I, Jeffrey M. Saltman, declare as follows:
`
`1.
`
`I am a partner at Fisch Sigler LLP, counsel for Defendant Amazon Web Services,
`
`Inc. (“Amazon”) in the above-captioned action. I am duly licensed to practice law in the State
`
`Maryland and the District of Columbia and am admitted pro hac vice in this action. I make this
`
`declaration of my own personal knowledge, and if compelled to testify, I could and would
`
`competently testify to the matters herein. I submit this Declaration in support of Defendant
`
`Amazon Web Service, Inc.’s Reply Brief in Support of its Summary Judgment and Daubert
`
`Motions (“Amazon’s Reply”).
`
`2.
`
`Attached as Exhibit 51 is a true and correct excerpted copy of the transcript from
`
`the deposition of Kevin Gasper, taken on February 7, 2024.
`
`3.
`
`Attached as Exhibit 52 is a true and correct copy of an email exchange between
`
`Aaron Frankel and Lisa Phillips between December 29, 2023 and January 3, 2024.
`
`4.
`
`Attached as Exhibit 53 is a true and correct excerpted copy of the transcript from
`
`the deposition of Scott Hayden, taken on November 7, 2023.
`
`
`
`Case 1:22-cv-00904-RGA-SRF Document 183 Filed 07/24/24 Page 2 of 4 PageID #: 24855
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`
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`5.
`
`Attached as Exhibit 54 is a true and correct copy of Amendment No. 1 to the AWS-
`
`Boeing Enterprise Customer Agreement, dated March 22, 2013, bearing production number
`
`AMZ_AB_000120675.
`
`6.
`
`Attached as Exhibit 55 is a true and correct copy of Amendment No. 2 to the AWS-
`
`Boeing Enterprise Customer Agreement, dated April 2, 2013, bearing production number
`
`AMZ_AB_000120670.
`
`7.
`
`Attached as Exhibit 56 is a true and correct copy of Amendment No. 3 to the AWS-
`
`Boeing Enterprise Customer Agreement, dated January 26, 2018, bearing production number
`
`AMZ_AB_000120700.
`
`8.
`
`Attached as Exhibit 57 is a true and correct excerpted copy of the Opening Expert
`
`Report of Lance Gunderson, dated February 12, 2024.
`
`9.
`
`Attached as Exhibit 58 is a true and correct copy of an email exchange between
`
`Jeffrey Saltman and Aaron Frankel between June 13, 2024 and June 14, 2024.
`
`10.
`
`Attached as Exhibit 59 is a true and correct excerpted copy of Defendant’s January
`
`6, 2023 Objections and Responses to Plaintiff’s First Set of Interrogatories (Nos. 1-10).
`
`11.
`
`Attached as Exhibit 60 is a true and correct excerpted copy of the transcript from
`
`the deposition of Nenad Medvidović, taken on May 23, 2024.
`
`12.
`
`Attached as Exhibit 61 is a true and correct copy of the March 15, 2019 version of
`
`a
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`webpage
`
`entitled,
`
`“Amazon
`
`EKS
`
`features,”
`
`available
`
`at
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`https://web.archive.org/web/20190315074421/https://aws.amazon.com/eks/features/.
`
`13.
`
`Attached as Exhibit 62 is a true and correct copy of the July 6, 2022 version of a
`
`webpage
`
`entitled,
`
`“Amazon Virtual
`
`Private Cloud
`
`features,”
`
`available
`
`at
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`https://web.archive.org/web/20220706112408/https://aws.amazon.com/vpc/features/.
`
`
`
`2
`
`
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`Case 1:22-cv-00904-RGA-SRF Document 183 Filed 07/24/24 Page 3 of 4 PageID #: 24856
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`
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`14.
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`Attached as Exhibit 63 is a true and correct excerpted copy of the transcript from
`
`the deposition of Eric Cole, taken on May 15, 2024.
`
`15.
`
`Attached as Exhibit 64 is a true and correct excerpted copy of the transcript from
`
`the deposition of Lance Gunderson, taken on May 28, 2024.
`
`16.
`
`Attached as Exhibit 65 is a true and correct excerpted copy of the transcript from
`
`the deposition of Bashuman Deb, taken November 21, 2023.
`
`17.
`
`Attached as Exhibit 66 is a true and correct copy of the October 11, 2022 version
`
`of
`
`a webpage
`
`entitled,
`
`“Amazon EKS
`
`features,” bearing production number
`
`AMZ_AB_000008336.
`
`18.
`
`Attached as Exhibit 67 is a true and correct copy of an agreement between Boeing
`
`and Acceleration Bay, entitled “Patent License Agreement,” dated June 15, 2016, bearing
`
`production number BOEING_AWS 00080.
`
` I
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` declare under penalty of perjury that the foregoing is true and correct.
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`
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`Executed on June 28, 2024 in Millsboro, Delaware.
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`
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`
`
`
`
`
`
`
`
`
`/s/ Jeffrey M. Saltman
`Jeffrey M. Saltman
`
`
`
`
`
`3
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`
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`Case 1:22-cv-00904-RGA-SRF Document 183 Filed 07/24/24 Page 4 of 4 PageID #: 24857
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that on June 28, 2024, 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
`
`participants.
`
`I further certify that I caused copies of the foregoing document to be served on
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`June 28, 2024, 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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`VIA ELECTRONIC MAIL
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`Philip A. Rovner, Esquire
`POTTER ANDERSON & CORROON LLP
`1313 North Market Street, 6th Floor
`Wilmington, DE 19801
`Attorneys for Plaintiff
`
`Paul J. Andre, Esquire
`Lisa Kobialka, Esquire
`James R. Hannah, Esquire
`Michael H. Lee, Esquire
`Christina M. Finn, Esquire
`Kristopher B. Kastens, Esquire
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`333 Twin Dolphin Drive, Suite 700
`Redwood Shores, CA 94065
`Attorneys for Plaintiff
`
`Aaron M. Frankel, Esquire
`Marcus A. Colucci, Esquire
`Cristina L. Martinez, Esquire
`Pooja P. Parekh, Esquire
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Attorneys for Plaintiff
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`/s/ Jennifer Ying
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`
`
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`Jennifer Ying (#5550)
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`4
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