`
`UNITED STATES DISTRICT COURT
`
`FOR THE WESTERN DISTRICT OF TEXAS
`
`WACO DIVISION
`
`Plaintiffs
`
`
`
`v.
`
`
`
`Case No. 6:21-cv-00898-ADA
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`
`
`
`
`ALMONDNET, INC.,
`
`
`
`
`
`AMAZON.COM, INC.; AMAZON.COM
`SERVICES LLC; and AMAZON WEB
`SERVICES, INC.,
`
`
`
`
`
`Defendants.
`
`
`
`
`
`DECLARATION OF JAMES A. MILKEY IN SUPPORT OF
`PLAINTIFF’S RESPONSE TO DEFENDANTS’ MOTION FOR SUMMARY
`JUDGMENT OF INVALIDITY UNDER 35 U.S.C. § 101
`
`
`
`
`Case 6:21-cv-00898-ADA Document 161 Filed 09/07/23 Page 2 of 3
`
`I, James A. Milkey, declare and state as follows:
`
`1.
`
`I am a member of the State Bar of California, an attorney at the firm of Russ August
`
`& Kabat, and counsel of record for Plaintiff AlmondNet, Inc. in the above-captioned action. I
`
`submit this declaration in support of Plaintiff’s Response to Defendants’ Motion For Summary
`
`Judgment of Invalidity. I have personal knowledge of the facts set forth herein, and if called upon
`
`to testify, could and would testify competently thereto.
`
`2.
`
`Attached as Exhibit A is a true and correct copy of the Expert Report of Jason
`
`Frankovitz Regarding Validity, dated July 28, 2023. This exhibit contains highlighting that I
`
`added, pursuant to General Issue 11 of the OGP.
`
`3.
`
`Attached as Exhibit B is a true and correct copy of excerpts of the file history of
`
`U.S. Patent No. 7,822,639. This exhibit contains highlighting that I added, pursuant to General
`
`Issue 11 of the OGP.
`
`4.
`
`Attached as Exhibit C is a true and correct copy of documentation titled
`
`“About the Virtual Memory System”, accessed from https://developer.apple.com/library/
`
`archive/documentation/Performance/Conceptual/ManagingMemory/Articles/AboutMemory.html
`
`. This exhibit contains highlighting that I added, pursuant to General Issue 11 of the OGP.
`
`5.
`
`Attached as Exhibit D is a true and correct copy of excerpts of the deposition
`
`transcript of Dr. Ward Hanson, dated August 15, 2023. This exhibit contains highlighting that I
`
`added, pursuant to General Issue 11 of the OGP.
`
`6.
`
`Attached as Exhibit E is a true and correct copy the Decision Denying Institution
`
`of Covered Business Method Patent Review, Paper 8, in Case CBM2017-00046, dated October
`
`16, 2017. This exhibit contains highlighting that I added, pursuant to General Issue 11 of the OGP.
`
`
`
`1
`
`
`
`Case 6:21-cv-00898-ADA Document 161 Filed 09/07/23 Page 3 of 3
`
`7.
`
`Attached as Exhibit F is a true and correct copy of the Decision Denying Institution
`
`of Covered Business Method Patent Review, Paper 8, in Case CBM2017-00047, dated October
`
`16, 2017. This exhibit contains highlighting that I added, pursuant to General Issue 11 of the OGP.
`
`8.
`
`Attached as Exhibit G is a true and correct copy of excerpts of the file history of
`
`U.S. Patent No. 8,671,139. This exhibit contains highlighting that I added, pursuant to General
`
`Issue 11 of the OGP.
`
`9.
`
`Attached as Exhibit H is a true and correct copy of the Decision Denying Institution
`
`of Covered Business Method Patent Review, Paper 7, in Case CBM2017-00058, dated November
`
`22, 2017. This exhibit contains highlighting that I added, pursuant to General Issue 11 of the OGP.
`
`10.
`
`Attached as Exhibit I is a true and correct copy of excerpts of the Opening Expert
`
`Report of Dr. Henry Houh Regarding Invalidity for Lack of Enablement and Written Description
`
`Under 35 U.S.C. § 112, dated June 16. 2023. This exhibit contains highlighting that I added,
`
`pursuant to General Issue 11 of the OGP.
`
`
`
`
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed on September 7, 2023, at Los Angeles, California.
`
`/s/ James A. Milkey
`James A. Milkey
`
`
`
`2
`
`
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
