`
`M O R R I S , N I C H O L S , A R S H T & T U N N E L L L L P
`
`1201 NO R TH M AR KE T S TR E ET
`P.O. B O X 1347
`W I L M IN G TO N, DE L AWARE 19899-1347
`
`
`
`(302) 658-9200
`
`(302) 658-3989 FAX
`
`JENNIFER YING
`
`(302) 351-9243
`
`(302) 225-2570 FAX
`
`jying@morrisnichols.com
`
`
`
`The Honorable Richard G. Andrews
`United States District Court
` for the District of Delaware
`J. Caleb Boggs Federal Building
`844 North King Street
`Room 6325, Unit 9
`Wilmington, DE 19801-3555
`
`
`August 23, 2024
`
`
`VIA ELECTRONIC FILING
`
`Re:
`
`Acceleration Bay, LLC v. Amazon Web Services, Inc.
`C.A. No. 22-904 (RGA) (SRF) (D. Del.)
`
`
`
`
`
`
`
`
`
`
`Dear Judge Andrews:
`
`
`I write on behalf of the Parties in response to the Court’s Oral Order from the August 21,
`2024 hearing.
`
`Below, Plaintiff Acceleration Bay, LLC (“Acceleration Bay”) identifies the remaining
`asserted patents claims:
`
`
`Patent
`
`’344 Patent
`’966 Patent
`’147 Patent
`’634 Patent
`’069 Patent
`
`Asserted
`Claims
`13, 21
`12, 19
`6
`10, 16, 25
`1
`
`
`
`Further, Defendant Amazon Web Services, Inc. (“AWS”) identifies its remaining
`invalidity defenses:
`
`
`
`
`
`
`Case 1:22-cv-00904-RGA-SRF Document 188 Filed 08/23/24 Page 2 of 3 PageID #: 25096
`
`The Honorable Richard G. Andrews
`August 23, 2024
`Page 2
`
`
`’344 Patent
`Claim Prior Art Grounds
`1. Obviousness based on the combination of
`13
`’882 Maxemchuk, ATT Maxemchuk,
`Hughes, and InsideDirectX
`2. Obviousness based on the combination of
`Du, Hughes, Hwang, and Olson
`1. Obviousness based on the combination of
`’882 Maxemchuk, ATT Maxemchuk,
`Hughes, and InsideDirectX
`2. Obviousness based on the combination of
`Du, Hughes, Hwang, and Olson
`
`21
`
`
`’966 Patent
`Claim Prior Art Grounds
`1. Obviousness based on the combination of
`12
`’882 Maxemchuk, ATT Maxemchuk,
`Hughes, and InsideDirectX
`2. Obviousness based on the combination of
`Du, Hughes, Hwang, and Olson
`1. Obviousness based on the combination of
`’882 Maxemchuk, ATT Maxemchuk,
`Hughes, and InsideDirectX
`2. Obviousness based on the combination of
`Du, Hughes, Hwang, and Olson
`
`19
`
`
`’147 Patent
`Claim Prior Art Grounds
`1. Obviousness based on the combination of
`6
`’882 Maxemchuk, ATT Maxemchuk,
`Hughes, and Pekarske
`2. Obviousness based on the combination of
`Du, Hughes, and Pekarske
`
`
`’634 Patent
`Claim Prior Art Grounds
`1. Obviousness based on the combination of
`10
`’882 Maxemchuk, ATT Maxemchuk,
`Hughes, and InsideDirectX
`2. Obviousness based on the combination of
`Du, Hughes, Hwang, and Olson
`
`
`
`Non-Prior Art Grounds
`1. The claim is directed to
`unpatentable subject
`matter (35 U.S.C. § 101)
`
`
`
`1. The claim is directed to
`unpatentable subject
`matter (35 U.S.C. § 101)
`
`Non-Prior Art Grounds
`1. The claim is directed to
`unpatentable subject
`matter (35 U.S.C. § 101)
`
`
`
`1. The claim is directed to
`unpatentable subject
`matter (35 U.S.C. § 101)
`
`Non-Prior Art Grounds
`N/A
`
`Non-Prior Art Grounds
`1. The claim is directed to
`unpatentable subject
`matter (35 U.S.C. § 101)
`
`
`
`
`
`Case 1:22-cv-00904-RGA-SRF Document 188 Filed 08/23/24 Page 3 of 3 PageID #: 25097
`
`The Honorable Richard G. Andrews
`August 23, 2024
`Page 3
`
`
`
`16
`
`25
`
`1. Obviousness based on the combination of
`’882 Maxemchuk, ATT Maxemchuk,
`Hughes, and InsideDirectX
`2. Obviousness based on the combination of
`Du, Hughes, Hwang, and Olson
`1. Obviousness based on the combination of
`’882 Maxemchuk, ATT Maxemchuk,
`Hughes, and InsideDirectX
`2. Obviousness based on the combination of
`Du, Hughes, Hwang, and Olson
`
`
`’069 Patent
`Claim Prior Art Grounds
`1. Obviousness based on the combination of
`1
`’882 Maxemchuk, ATT Maxemchuk,
`Hughes, and Pekarske
`2. Obviousness based on the combination of
`Du, Hughes, and Pekarske
`
`
`
`1. The claim is directed to
`unpatentable subject
`matter (35 U.S.C. § 101)
`
`1. The claim is directed to
`unpatentable subject
`matter (35 U.S.C. § 101)
`
`Non-Prior Art Grounds
`N/A
`
`The Parties also confirm that excerpts of Mr. Greene’s Opening Report and the complete
`appendices to his report related to these defenses were filed as Exhibits 14–24 of Acceleration
`Bay’s Motion for Summary Judgment and can be found at D.I. 152-1 and D.I. 152-2. Further
`excerpts of Mr. Greene’s Opening Report were filed as Exhibit I to AWS’s Opposition to
`Acceleration Bay’s Motion and can be found at D.I. 160-1.
`
`Counsel is available should the Court have any questions.
`
`
`Respectfully,
`
`/s/ Jennifer Ying
`
`Jennifer Ying (#5550)
`
`Clerk of the Court (via hand delivery)
`All Counsel of Record (via CM/ECF and e-mail)
`
`
`JY:lo
`cc:
`
`
`
`
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