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`Case No. 6:21-cv-00898-ADA
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`JURY TRIAL DEMANDED
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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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`Plaintiff,
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`v.
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`Defendants.
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`Case 6:21-cv-00898-ADA Document 168 Filed 09/11/23 Page 1 of 3
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`SUPPLEMENTAL JOINT REPORT REGARDING NARROWING
`OF ASSERTED CLAIMS AND PRIOR ART
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`Pursuant to the Court’s Amended Scheduling Order (Dkt. 120, Aug. 9, 2023), plaintiff
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`AlmondNet, Inc. and defendants Amazon.com, Inc.; Amazon.com Services LLC; and Amazon
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`Web Services, Inc. (collectively, “Amazon”) submit this Supplemental Joint Report Regarding
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`Narrowing of Asserted Claims and Prior Art. Since filing their initial status report on this issue
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`(Dkt. 124 Aug. 18, 2023), the parties have reached agreement on how to narrow the number of
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`asserted claims and prior art grounds at issue to triable limits.
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`AlmondNet will elect no more than eight asserted claims, and will provide the list of still-
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`asserted claims to Amazon by September 12, 2023. Amazon will then elect no more than three
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`prior art combinations per asserted claim, and provide the identity of those elected combinations
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`to AlmondNet no later than September 19, 2023. This agreement does not preclude Amazon from
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`asserting Section 101 or Section 112 defenses as to each remaining asserted claim. This agreement
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`is without prejudice to either side further reducing the number of asserted claims or prior art
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`combinations prior to trial.
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`1
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`Case 6:21-cv-00898-ADA Document 168 Filed 09/11/23 Page 2 of 3
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`Dated: September 11, 2023
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`By: /s/ Amy E. Hayden
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`Reza Mirzaie
`Marc A. Fenster
`Benjamin T. Wang
`Adam Hoffman
`James A. Milkey
`Amy E. Hayden
`James S. Tsuei
`Jonathan Ma
`Daniel B. Kolko
`Jason M. Wietholter
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard 12th Floor
`Los Angeles, California 90025
`Tel: 310-826-7474
`Fax: 310-826-6991
`rmirzaie@raklaw.com
`mfenster@raklaw.com
`bwang@raklaw.com
`ahoffman@raklaw.com
`jmilkey@raklaw.com
`ahayden@raklaw.com
`jtsuei@raklaw.com
`jma@raklaw.com
`dkolko@raklaw.com
`jwietholter@raklaw.com
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`Counsel for Plaintiff ALMONDNET, INC.
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`Respectfully submitted,
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`By: /s/ Jessica Lin
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`J. David Hadden (CA Bar No. 176148)
`Email: dhadden@fenwick.com
`Saina S. Shamilov (CA Bar No. 215636)
`Email: sshamilov@fenwick.com
`Ravi R. Ranganath (CA Bar No. 272981)
`Email: rranganath@fenwick.com
`Johnson Kuncheria (CA Bar. No. 335765)
`Email: jkuncheria@fenwick.com
`FENWICK & WEST LLP
`Silicon Valley Center
`801 California Street
`Mountain View, CA 94041
`Telephone: (650) 988-8500
`Fax: (650) 938-5200
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`Jessica Lin (NY Bar No. 5035860)
`Email: jessica.lin@fenwick.com
`Eric Menist (NY Bar No. 5721568)
`Email: emenist@fenwick.com
`FENWICK & WEST LLP
`902 Broadway #14
`New York, NY 10010
`Telephone: (212) 921-2001
`Fax: (650) 938-5200
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`Of Counsel:
`Deron R. Dacus (TX Bar #00790553)
`ddacus@dacusfirm.com
`THE DACUS FIRM, P.C.
`821 ESE Loop 323, Suite 430
`Tyler, TX 75701
`Tel: (903) 705-1117
`Fax: (903) 581-2543
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`Counsel for Defendants AMAZON.COM, INC.,
`AMAZON.COM SERVICES LLC, and
`AMAZON WEB SERVICES, INC.
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`2
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`Case 6:21-cv-00898-ADA Document 168 Filed 09/11/23 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 September 11, 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/ Amy E. Hayden
` Amy E. Hayden
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`1
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