Case 6:21-cv-00898-ADA Document 136 Filed 08/23/23 Page 1 of 5
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`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`ALMONDNET, INC.,
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`Plaintiff,
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`Civil Action No. 6:21-cv-00898-ADA
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`JURY TRIAL DEMANDED
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`EXHIBITS FILED UNDER SEAL
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`v.
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`AMAZON.COM, INC., AMAZON.COM
`SERVICES LLC, and AMAZON WEB
`SERVICES, INC.,
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`Defendants.
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`DECLARATION OF ERIC A. MENIST IN SUPPORT OF AMAZON’S
`MOTION FOR SUMMARY JUDGMENT OF INVALIDITY
`UNDER 35 U.S.C. § 101 AND MOTION FOR SUMMARY
`JUDGMENT OF NO WILLFUL INFRINGEMENT
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`
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`
`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`ALMONDNET, INC.,
`
`
`Plaintiff,
`
`
`
`Civil Action No. 6:21-cv-00898-ADA
`
`JURY TRIAL DEMANDED
`
`EXHIBITS FILED UNDER SEAL
`
`v.
`
`
`
`
`
`
`
`
`
`
`AMAZON.COM, INC., AMAZON.COM
`SERVICES LLC, and AMAZON WEB
`SERVICES, INC.,
`
`
`Defendants.
`
`DECLARATION OF ERIC A. MENIST IN SUPPORT OF AMAZON’S
`MOTION FOR SUMMARY JUDGMENT OF INVALIDITY
`UNDER 35 U.S.C. § 101 AND MOTION FOR SUMMARY
`JUDGMENT OF NO WILLFUL INFRINGEMENT
`
`
`
`
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`Case 6:21-cv-00898-ADA Document 136 Filed 08/23/23 Page 2 of 5
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`I, Eric A. Menist, declare as follows:
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`1.
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`I am a duly licensed attorney admitted in the State of New York and admitted to
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`practice before this Court. I am an associate with the law firm of Fenwick & West LLP, counsel
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`of record for defendants. I have personal knowledge of the facts in this declaration and, if called
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`upon to do so, could and would testify competently as to the matters set forth herein.
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`2.
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`Attached hereto as Exhibit 1 is a true and correct copy of a letter dated July 24,
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`2019, labeled ALMONDNET-AMAZON-0000266-69 and ALMONDNET-AMAZON-0000101-
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`263.
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`3.
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`Attached hereto as Exhibit 2 is a true and correct copy of an email dated August 13,
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`2019, labeled AMZ-AN-00000725 and Hayden Deposition Ex. 5.
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`4.
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`Attached hereto as Exhibit 3 is a true and correct copy of an email chain dated
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`September 26, 2019, labeled AMZ-AN-00000726-27 and Hayden Deposition Ex. 7.
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`5.
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`Attached hereto as Exhibit 4 is a true and correct copy of a letter dated October 25,
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`2019, labeled ALMONDNET-AMAZON-0000264-65 and Hayden Deposition Ex. 6.
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`6.
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`Attached hereto as Exhibit 5 is true and correct copies of excerpts from the April
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`18, 2023, deposition transcript of Scott Hayden.
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`7.
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`Attached hereto as Exhibit 6 is a true and correct copy of Plaintiffs Almondnet, Inc.
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`and Intent IQ, LLC’s Disclosure of Final Infringement Contentions.
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`8.
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`Attached hereto as Exhibit 7 is a true and correct copy of Exhibit A-2 to Plaintiffs
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`Almondnet, Inc. and Intent IQ, LLC’s Disclosure of Final Infringement Contentions (Chart for U.S.
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`Patent No. 8,671,139).
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`9.
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`Attached hereto as Exhibit 8 is a true and correct copy of Exhibit A-8 to Plaintiffs
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`Almondnet, Inc. and Intent IQ, LLC’s Disclosure of Final Infringement Contentions (Chart for U.S.
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`Patent No. 8,244,586).
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`1
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`Case 6:21-cv-00898-ADA Document 136 Filed 08/23/23 Page 3 of 5
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`10.
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`Attached hereto as Exhibit 9 is a true and correct copy of Exhibit A-10 to Plaintiffs
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`Almondnet, Inc. and Intent IQ, LLC’s Disclosure of Final Infringement Contentions (Chart for U.S.
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`Patent No. 7,822,639).
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`11.
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`Attached hereto as Exhibit 10 is a true and correct copy of excerpts from Plaintiffs’
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`Fourth Supplemental Objections and Responses to Defendants’ First Set of Interrogatories
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`(Nos. 1 and 9).
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`12.
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`Attached hereto as Exhibit 11 is a true and copy of excerpts of the May 24, 2023,
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`deposition transcript of Neal Richter.
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`13.
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`Attached hereto as Exhibit 12 is a true and copy of excerpts of the Expert Report
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`of Jim W. Bergman.
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`14.
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`Attached hereto as Exhibit 13 is a true and copy of excerpts of the Expert Report
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`of Dr. Eric Koskinen Regarding Infringement.
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`15.
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`Attached hereto as Exhibit 14 is a true and copy of excerpts of from the May 8,
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`2023, deposition transcript of Ronald Edward Knapp.
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`16.
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`Attached hereto as Exhibit 15 is a true and copy of excerpts of the April 28, 2023,
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`deposition transcript of Scott Siegler.
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`17.
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`Attached hereto as Exhibit 16 is a true and correct copy of the Expert Report of
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`Dr. Ward Hanson.
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`18.
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`Attached hereto as Exhibit 17 is a true and copy of excerpts of the April 20, 2023,
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`deposition transcript of Roy Shkedi.
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`19.
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`Attached hereto as Exhibit 18 is a true and copy of excerpts of the August 11, 2023,
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`deposition transcript of Jason Frankovitz.
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`20.
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`Attached hereto as Exhibit 19 is a true and copy of excerpts of the Expert Report
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`of Jason Frankovitz Regarding Invalidity.
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`2
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`Case 6:21-cv-00898-ADA Document 136 Filed 08/23/23 Page 4 of 5
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`21.
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`Attached hereto as Exhibit 20 is a true and copy of excerpts of excerpts from the
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`August 15, 2023, deposition transcript of Eric Koskinen, Ph. D.
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` declare under penalty of perjury under the laws of the United States of America that the
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` I
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`foregoing is true and correct. Executed in Ramsey, New Jersey on August 23, 2022.
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`/s/ Eric A. Menist
`Eric A. Menist
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`3
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`Case 6:21-cv-00898-ADA Document 136 Filed 08/23/23 Page 5 of 5
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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 true and correct copy of this document on August 23, 2023 via the
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`Court’s CM/ECF system per Local Rule CV 5(a)(3). Additionally, the exhibits attached to this
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`document that were filed under seal were served via email on all counsel of record.
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`/s/ Eric A. Menist
`Eric A. Menist
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`4
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