`
`IN THE UNITED STATES DISTRICT COURT
`DISTRICT OF DELAWARE
`
`
`
`C.A. No. 23-1236 (GBW)
`
`
`
`
`NOKIA TECHNOLOGIES OY,
`
`Plaintiff,
`
`
`
`v.
`
`
`AMAZON.COM, INC., AND
`AMAZON.COM SERVICES LLC., AND
`TWITCH INTERACTIVE, INC.
`
`Defendants.
`
`
`
`
`
`
`
`PLAINTIFF’S NOTICE OF SUPPLEMENTAL AUTHORITY
`
`Plaintiff Nokia Technologies OY (“Nokia”) respectfully requests this Court take notice of
`
`the following recent authority that issued with reference to U.S. Patent No. 7,724,818 (“the ’818
`
`Patent”), which Nokia submits is relevant to all of the challenged patents in the pending Motion
`
`to Dismiss (D.I. 17-18) and was issued after the briefing on the Motion had already been
`
`completed. On August 12, 2024, in a related ITC proceeding 337-TA-1380 (“1380
`
`Investigation”), ALJ Elliot issued an order in response to Amazon’s Motion for Summary
`
`Determination in which he denied Amazon’s challenge that 5 of Nokia’s patents including the
`
`’818 Patent were invalid under 35 U.S.C. § 101. Ex. A at 4-5.
`
`
`
`In the 1380 Investigation, Amazon (the same Defendants here) made the same arguments
`
`as it does here that the claims of the ’818 Patent are not patent eligible under 35 U.S.C. § 101.
`
`Just as in this case, Amazon argued in the 1380 Investigation that the ’818 Patent was directed to
`
`the abstract idea of recognizing and classifying information. See, D.I. 18 at 17-18; Ex. B at 14-
`
`16. And just as in this case, Nokia responded that the ’818 Patent was patent eligible because it is
`
`directed to a novel data structure based on the frequency of change in parameter values designed
`
`1
`
`
`
`Case 1:23-cv-01236-GBW Document 31 Filed 08/20/24 Page 2 of 4 PageID #: 2283
`
`
`
`to improve the way a computer compresses and decompresses video data, resulting in more
`
`efficient video encoders and decoders. D.I. 22 at 9-12; Ex. C at 13-15.
`
`In denying Amazon’s Motion, ALJ Elliot cited to Enfish, LLC v. Microsoft Corp., and its
`
`progeny, and held that Amazon had “missed the mark by failing to acknowledge that body of
`
`Section 101 jurisprudence that holds inventions directed to improving the functionality of a
`
`computer pass Alice step one.” Ex. A at 4. ALJ Elliot held that because the claims of the ’818
`
`Patent were directed at achieving “reduced complexity” in the “transmission of video data
`
`between computers,” there was “at least a triable issue over whether [the challenged] claims
`
`reflect improvements to computers and not improvements to ordinary human activity via
`
`computerization.” Id. ALJ Elliot concluded that Amazon “failed to show the asserted claims are
`
`directed to an abstract idea under Alice.” Id. at 5.
`
`While ALJ Elliot’s Order in the 1380 Investigation relates directly to the ’818 Patent, it
`
`also bears on the other patents challenged in Amazon’s pending motion here. That is, just like in
`
`the 1380 Investigation, Amazon fails to “explain how the asserted claims are not directed to
`
`improving the functionality of computers.” Id. Because the patents in this case are also directed
`
`to “generally improved performance,” “reduced complexity,” and “more accurate/fewer errors,”
`
`the challenged claims are directed to improving the functionality of a computer and pass Alice
`
`step one, just like the patents in 1380. Id. at 4.
`
`Accordingly, and at least for the same reasons as discussed in the recent Order in the
`
`1380 Investigation, Nokia requests that this Court deny Amazon’s Motion to Dismiss.
`
`
`
`
`
`
`
`2
`
`
`
`Case 1:23-cv-01236-GBW Document 31 Filed 08/20/24 Page 3 of 4 PageID #: 2284
`
`
`
`Date: August 20, 2024
`
` Respectfully submitted,
`
`
`
`
`
`FARNAN LLP
`
`
`
`/s/ Brian E. Farnan
`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 N. Market St. 12th Floor
`Wilmington DE 19801
`Tel.: (302) 777-0300
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
`
`MCKOOL SMITH, P.C.
`
`Warren H. Lipschitz
`Alexandra F. Easley
`300 Crescent Ct. Ste, 1200
`Dallas, TX 75224
`Tel: (214) 978-4000
`wlipschitz@mckoolsmith.com
`aeasley@mckoolsmith.com
`
`R. Mitch Verboncoeur
`303 Colorado St. Suite 2100
`Austin, TX 78701
`Tel: (512) 692-8700
`mverboncoeur@mckoolsmith.com
`
`Josh Newcomer
`600 Travis St., Suite 7000
`Houston, Texas 77002
`Tel: (713) 485-7300
`jnewcomer@mckoolsmith.com
`
`Kevin Burgess
`104 East Houston St., Suite 300
`Marshall, Texas 75670
`Tel: (903) 923-9000
`kburgess@mckoolsmith.com
`
`
`
`
`3
`
`
`
`Case 1:23-cv-01236-GBW Document 31 Filed 08/20/24 Page 4 of 4 PageID #: 2285
`
`
`
`
`
`
`
`
`
`
`ALSTON & BIRD LLP
`
`Theodore Stevenson, III
`2200 Ross Ave. #2300
`Dallas, TX 75201
`Tel: (214) 922-3400
`ted.stevenson@alston.com
`
`John D. Haynes
`Nicholas T. Tsui
`Shawn Gannon
`1201 West Peachtree Street
`Atlanta, GA 30309
`Tel: (404) 881-7000
`john.haynes@alston.com
`nick.tsui@alston.com
`shawn.gannon@alston.com
`
`Counsel for Plaintiff
`Nokia Technologies Oy
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
