`26549
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`)
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`Plaintiff,
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`Defendant.
`
`
`
`
`
`C.A. No. 22-904 (RGA) (SRF)
`
`
`ACCELERATION BAY LLC,
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`
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`AMAZON WEB SERVICES, INC.,
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`v.
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`STIPULATION AND [PROPOSED] ORDER
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`IT IS HEREBY STIPULATED by the parties, subject to the approval of the Court, that:
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`1.
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`The purpose of this Stipulation is to narrow the issues in dispute and to streamline
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`the presentation of evidence at the trial scheduled to begin on September 23, 2024. This Stipulation
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`is not an admission as to any claim or defense. The parties will not use the Stipulation for any
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`purpose other than enforcing its terms.
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`2.
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`Acceleration Bay LLC (“Acceleration Bay”) withdraws without prejudice its
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`willful infringement claims against Amazon Web Services, Inc.’s (“AWS”) Transit Gateway and
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`Lambda products as to claim 12 of U.S. Patent No. 6,714,966 (“the ’966 Patent”) and claim 6 of
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`U.S. Patent No. 6,732,147 (“the ’147 Patent”) as detailed below. Acceleration Bay may reassert
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`its willful infringement claims against Transit Gateway and Lambda of claim 12 of the ’966 Patent
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`and claim 6 of the ’147 Patent only in the event the case is remanded after appeal with reversal or
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`vacatur of the Court’s grant of summary judgment that Acceleration Bay’s 2019 letter to AWS
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`(D.I. 149-1, Exhibit 9) does not provide notice under 35 U.S.C. § 287 as to Transit Gateway and
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`Lambda (D.I. 219 at 22-27) or an order or judgment granting similar effect.
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`3.
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`AWS reserves its non-infringement defense (including no willfulness) as to Transit
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`Gateway and Lambda as to the assertion of claim 12 of the ‘966 Patent and claim 6 of the ‘147
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`Case 1:22-cv-00904-RGA-SRF Document 233 Filed 09/19/24 Page 2 of 3 PageID #:
`26550
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`Patent, and may assert that defense in the event that Acceleration Bay reasserts Transit Gateway
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`or Lambda as accused products.
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`4.
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`AWS withdraws without prejudice its assertion that there are non-infringing
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`alternatives as detailed below. AWS may reassert that there are non-infringing alternatives in the
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`event that Acceleration Bay reasserts its infringement allegations against Transit Gateway or
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`Lambda of claim 12 of the ’966 Patent and claim 6 of the ’147 Patent, so long as Mr. MacCarthaigh
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`is offered for an up-to-two-hour deposition on non-infringing alternatives. See 8/21/24 Hearing
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`Tr. at 97:23-99:21 (authorizing deposition).
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`5.
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`In view of AWS’ withdrawal of its non-infringing alternatives assertion,
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`Acceleration Bay will not proceed with the non-infringing alternatives deposition of Mr.
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`MacCarthaigh at this time. Acceleration Bay reserves its assertion that there are no non-infringing
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`alternatives. In the event that AWS reasserts that there are non-infringing alternatives,
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`Acceleration Bay may proceed with the non-infringing alternatives deposition of Mr.
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`MacCarthaigh and may assert that there are no non-infringing alternatives.
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`6.
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`The parties agree that the following claims and defenses will be the subject of the
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`September 23, 2024 trial:
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`a. Acceleration Bay’s claims of infringement of claim 12 of the ’966 Patent
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`and claim 6 of the ’147 Patent by AWS’s Virtual Private Cloud (“VPC”)
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`and CloudFront;
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`b. Acceleration Bay’s claim that AWS’ infringement is willful as to
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`CloudFront;
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`c. AWS’s license and non-infringement defenses (including no willfulness) to
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`Acceleration Bay’s claims of infringement; and
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`
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`2
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`Case 1:22-cv-00904-RGA-SRF Document 233 Filed 09/19/24 Page 3 of 3 PageID #:
`26551
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`d. The parties’ respective damages cases.
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`
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`POTTER ANDERSON & CORROON LLP
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`
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`By: /s/ Philip A. Rovner
`Philip A. Rovner (#3215)
`Hercules Plaza, 6th Floor
`1313 North Market Street
`Wilmington, DE 19801
`(302) 984-6000
`provner@potteranderson.com
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`
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`Attorneys for Plaintiff
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
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`
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`By: /s/ Jennifer Ying
`Jack B. Blumenfeld (#1014)
`Jennifer Ying (#5550)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@morrisnichols.com
`jying@morrisnichols.com
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`Attorneys for Defendant
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`11746993
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`SO ORDERED this _____ day of ______, 2024.
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`United States District Court Judge
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`3
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