`DATABRICKS, INC.,
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`v.
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`Civil Action No. 4:23-cv-01147-ALM
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`Defendant.
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`Case 4:23-cv-01147-ALM Document 78 Filed 01/17/25 Page 1 of 5 PageID #: 5077
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
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`R2 SOLUTIONS LLC,
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`Plaintiff,
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`JOINT STIPULATION FOR LEAVE TO AMEND
`DEFENDANT’S INVALIDITY CONTENTIONS
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` IT IS HEREBY STIPULATED AND AGREED, by and between counsel for Plaintiff R2
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`Solutions LLC and Defendant Databricks, Inc. that good cause exists for Defendant to amend its
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`invalidity contentions. The Court’s Scheduling Order (Dkt. No. 28) set a deadline of July 16, 2024
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`for Defendant to serve its invalidity contentions, and Defendant served its Initial Invalidity
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`Contentions on that date. On September 20, 2024, Plaintiff served its First Supplemental
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`Disclosure of Asserted Claims and Infringement Contentions pursuant to P.R. 3-1(g) of the
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`Scheduling Order. In response, and pursuant to P.R. 3-3(e) of the Scheduling Order, Defendant
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`served its Supplemental Invalidity Contentions on October 25, 2024.
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`Between October 23, 2024 and November 15, 2024, Plaintiff produced relevant prior art
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`references and contentions from related and co-pending litigations involving U.S. Patent No.
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`8,190,610, which is asserted in this case. The parties agreed that Defendant could supplement its
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`invalidity contentions based on this prior art and contentions from related and co-pending cases, if
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`appropriate, provided that Plaintiff would have an opportunity to confirm that Defendant’s
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`supplement was limited to these materials. In response to Plaintiff’s request, Defendant served its
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`Case 4:23-cv-01147-ALM Document 78 Filed 01/17/25 Page 2 of 5 PageID #: 5078
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`proposed Second Supplemental Invalidity Contentions. Following conferences of counsel, and to
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`reach agreement without burdening the Court, Defendant served amended Second Supplemental
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`Invalidity Contentions on January 13, 2025. These amended Second Supplemental Invalidity
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`Contentions add to Exhibits A-15 and A-16 subject-matter, documents, and statements from
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`recently produced infringement contentions from prior cases and further add exhibits A-21 to A-
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`30 from recently produced invalidity contentions from prior cases.
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`Plaintiff and Defendant have met and conferred and agree that good cause exists for the
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`Court to grant leave to allow Defendant’s Second Supplemental Invalidity Contentions. Plaintiff
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`will not be prejudiced by the Court granting leave for Defendant to amend its invalidity contentions
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`as provided above.
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`Case 4:23-cv-01147-ALM Document 78 Filed 01/17/25 Page 3 of 5 PageID #: 5079
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`Dated: January 17, 2025
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`/s/ Carder W. Brooks
`EDWARD R. NELSON III
`State Bar No. 00797142
`ed@nelbum.com
`BRENT N. BUMGARDNER
`State Bar No. 00795272
`brent@nelbum.com
`CHRISTOPHER G. GRANAGHAN
`State Bar No. 24078585
`chris@nelbum.com
`JOHN P. MURPHY
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`State Bar No. 24056024
`murphy@nelbum.com
`CARDER W. BROOKS
`State Bar No. 24105536
`carder@nelbum.com
`NELSON BUMGARDNER CONROY PC
`3131 West 7th Street, Suite 300
`Fort Worth, Texas 76107
`817.377.9111
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`Attorneys for Plaintiff
`R2 Solutions
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`Respectfully submitted,
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`/s/ Vigen Salmastlian
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`Michael J. Sacksteder
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`CA Bar No. 191605 (Admitted E.D. Texas)
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`Email: msacksteder@fenwick.com
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`Gregory Sefian
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`CA Bar No. 341802 (Admitted Pro Hac Vice)
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`Email: gsefian@fenwick.com
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`S. Emma Lee
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`CA Bar No. 344074 (Admitted Pro Hac Vice)
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`Email: emma.lee@fenwick.com
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`FENWICK & WEST LLP
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`555 California Street, 12th Floor
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`San Francisco, California 94104
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`415.875.2300
`Telephone:
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`415.281.1350
`Facsimile:
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`Dargaye Churnet
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`CA Bar No. 303659 (Admitted E.D. Texas)
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`Email: dchurnet@fenwick.com
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`FENWICK & WEST LLP
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`730 Arizona Ave, 1st Floor
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`Santa Monica, California 90401
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`310.434.5400
`Telephone:
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`Facsimile:
`650.938.5200
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`Vigen Salmastlian
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`CA Bar No. 276846 (Admitted E.D. Texas)
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`Email: vsalmastlian@fenwick.com
`FENWICK & WEST LLP
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`801 California Street,
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`Mountain View, CA 94041
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`Telephone:
`650.988.8500
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`Facsimile:
`650.938.5200
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`Case 4:23-cv-01147-ALM Document 78 Filed 01/17/25 Page 4 of 5 PageID #: 5080
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`Jessica M. Kaempf
`WA Bar No. 51666 (Admitted E.D. Texas)
`Email: jkaempf@fenwick.com
`Jonathan G. Tamimi
`WA Bar No. 54858 (Admitted E.D. Texas)
`Email: jtamimi@fenwick.com
`FENWICK & WEST LLP
`401 Union Street, 5th Floor
`Seattle, WA 98101
`Telephone:
`206.389.4510
`Facsimile:
`206.389.4511
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`Attorneys for Defendant
`Databricks Inc.
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`Case 4:23-cv-01147-ALM Document 78 Filed 01/17/25 Page 5 of 5 PageID #: 5081
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`CERTIFICATE OF SERVICE
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`I hereby certify that all counsel of record who are deemed to have consented to electronic
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`service are being served with a copy of this document are being served with a copy of this
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`document via electronic mail per Local Rule CV-5 on January 17, 2025.
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`/s/ Vigen Salmastlian
`Vigen Salmastlian
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`5
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