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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`ALMONDNET, INC.,
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`AMAZON.COM, INC.; AMAZON.COM
`SERVICES LLC; and AMAZON WEB
`SERVICES, INC.,
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`Plaintiffs
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`v.
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`Defendants.
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`Case No. 6:21-cv-00898-ADA
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`JURY TRIAL DEMANDED
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`DECLARATION OF JAMES TSUEI IN SUPPORT OF
`PLAINTIFF’S MOTION TO STRIKE AND EXCLUDE CERTAIN OPINIONS OF DR.
`HENRY HOUH REGARDING ENABLEMENT AND WRITTEN DESCRIPTION AND
`MOTION FOR PARTIAL SUMMARY JUDGEMENT OF NO INVALIDITY BASED ON
`LACK OF ENABLEMENT AND LACK OF WRITTEN DESCRIPTION
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`Case 6:21-cv-00898-ADA Document 139 Filed 08/23/23 Page 2 of 3
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`I, James Tsuei, declare and state as follows:
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`1.
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`I am a member of the State Bar of California, an attorney at the firm of Russ August
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`& Kabat, and counsel of record for Plaintiff AlmondNet, Inc. in the above-captioned action. I
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`submit this declaration in support of Plaintiff’s Motion to Exclude Certain Opinions of Dr. Henry
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`Houh and to Strike and Exclude Portions of His Expert Report and Plaintiff’s Motion for Partial
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`Summary Judgment of No Invalidity Based On Lack Of Enablement And Lack Of Written
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`Description. I have personal knowledge of the facts set forth herein, and if called upon to testify,
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`could and would testify competently thereto.
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`2.
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`Attached as Exhibit 1 is a true and correct copy of the Opening Expert Report of
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`Dr. Henry Houh Regarding Invalidity for Lack of Enablement and Written Description Under 35
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`U.S.C. § 112. This exhibit contains highlighting that I added, pursuant to General Issue 11 of the
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`Court’s Standing Order Governing Proceedings (OGP) 4.3—Patent Cases (“OGP”).
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`3.
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`Attached as Exhibit 2 is a true and correct copy of the deposition transcript of Dr.
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`Henry Houh, dated August 9, 2023. This exhibit contains highlighting that I added, pursuant to
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`General Issue 11 of the OGP.
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`4.
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`Attached as Exhibit 3 is a true and correct copy of the file history of U.S. Patent
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`Application 09/732,391, which was designated exhibit “Houh 5” during the August 9, 2023
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`deposition of Dr. Henry Houh and bears a stamp indicating the same. This exhibit contains
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`highlighting that I added, pursuant to General Issue 11 of the OGP.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed on August 23, 2023, at Los Angeles, California.
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`/s/ James Tsuei
`James Tsuei
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`1
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`Case 6:21-cv-00898-ADA Document 139 Filed 08/23/23 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`Pursuant to the Federal Rules of Civil Procedure and Local Rule CV-5, I hereby certify
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`that, on August 23, 2023, all counsel of record who have appeared in this case are being served
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`with a copy of the foregoing via the Court’s CM/ECF system.
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`/s/ James S. Tsuei
`James S. Tsuei
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`1
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