`
`UNITED STATES DISTRICT COURT
`
`FOR THE WESTERN DISTRICT OF TEXAS
`
`WACO DIVISION
`
`ALMONDNET, INC.,
`
`Plaintiff,
`
`v.
`
`Case No. 6:21-cv-00898-ADA
`
`JURY TRIAL DEMANDED
`
`AMAZON.COM, INC.; AMAZON.COM
`SERVICES LLC; and AMAZON WEB
`SERVICES, INC.,
`
`Defendants.
`
`DECLARATION OF AMY E. HAYDEN IN SUPPORT OF
`PLAINTIFF’S MOTIONS IN LIMINE
`
`
`
`Case 6:21-cv-00898-ADA Document 175 Filed 09/13/23 Page 2 of 4
`
`I, Amy E. Hayden, 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 Motions in Limine. I have personal knowledge of
`
`the facts set forth herein, and if called upon to testify, could and would testify competently thereto.
`
`2.
`
`On a September 8, 2023 conference of counsel, which I attended, counsel for
`
`Amazon, Eric Young, indicated that Amazon intended for Mr. O’Connor, CEO of DoubleClick,
`
`to testify about the “background” of DoubleClick, including relating to DoubleClick’s financial
`
`success.
`
`3.
`
`Attached as Exhibit A is a true and correct copy of the Transcript of Henry Houh,
`
`Ph. D. dated August 30, 2023. This exhibit contains highlighting added by AlmondNet.
`
`4.
`
`Attached as Exhibit B is a true and correct copy of Amazon’s Preliminary Trial
`
`Exhibit D0333, entitled InternetFundManager.com: Institutional Research: DoubleClick, Inc.,
`
`dated July 25, 2000.
`
`5.
`
`Attached as Exhibit C is a true and correct copy of Amazon’s Preliminary Trial
`
`Exhibit D0560, entitled “Google to buy DoubleClick for $3.1 billion,” dated April 13, 2007.
`
`6.
`
`Attached as Exhibit D is a true and correct copy of Amazon’s Preliminary Trial
`
`Exhibit D0457, entitled Securities and Exchange Commission Form 10-K for DoubleClick Inc.,
`
`dated December 31, 2004. This is reflective of the numerous SEC filings regarding DoubleClick’s
`
`financial performance and condition, including Exhibits D0449-D0483 and D0514-D0547.
`
`7.
`
`Attached as Exhibit E is a true and correct copy of Amazon’s Preliminary Trial
`
`Exhibit D0547, entitled Securities and Exchange Commission Form 10-Q for DoubleClick Inc,
`
`dated March 31, 2005. This document is reflective of the numerous SEC filings regarding
`
`
`
`1
`
`
`
`Case 6:21-cv-00898-ADA Document 175 Filed 09/13/23 Page 3 of 4
`
`DoubleClick’s financial performance and condition, including Exhibits D0449-D0483 and D0514-
`
`D0547.
`
`8.
`
`Attached as Exhibit F is a true and correct copy of excerpts from the Opening
`
`Expert Report of Dr. Ward Hanson, served in the above-captioned cased on June 16, 2023. This
`
`exhibit contains highlighting added by AlmondNet.
`
`9.
`
`Attached as Exhibit G is a true and correct copy of excerpts from the Rebuttal
`
`Expert Report Regarding Damages of Mr. W. Christopher Bakewell, served in the above-captioned
`
`cased on July 28, 2023. This exhibit contains highlighting added by AlmondNet.
`
`10.
`
`Attached as Exhibit H is a true and correct copy of Amazon’s Preliminary Trial
`
`Exhibit D0457, U.S. Patent No. 10,068,251.
`
`11.
`
`Attached as Exhibit I is a true and correct copy of the Order Regarding Motions in
`
`Limine from EcoFactor, Inc. v. ecobee, Inc., No. 6:20-cv-00078-ADA, Dkt. No. 209 (W.D. Tex.),
`
`dated June 1, 2023. This exhibit contains highlighting added by AlmondNet.
`
`12.
`
`Attached as Exhibit J is a true and correct copy of the Order Concerning Final
`
`Pretrial Conference Motions from Proxense, LLC v. Samsung Electronics, Co., No. 6:21-cv-
`
`00210-ADA, Dkt. No. 161 (W.D. Tex.), dated January 12, 2023. This exhibit contains highlighting
`
`added by AlmondNet.
`
`13.
`
`Attached as Exhibit K is a true and correct copy of the Order on various motions
`
`from VLSI Technology LLC v. Intel Corp., No. 6:21-cv-00057-ADA, Dkt. No. 508 (W.D. Tex.),
`
`dated February 19, 2021. This exhibit contains highlighting added by AlmondNet.
`
`14.
`
`Attached as Exhibit L is a true and correct copy of the Order Regarding Motions in
`
`Limine, Motions for Summary Judgment, and Daubert Motions from MV3 Partners LLC v. Roku,
`
`
`
`2
`
`
`
`Case 6:21-cv-00898-ADA Document 175 Filed 09/13/23 Page 4 of 4
`
`Inc., No. 6:18-cv-00308-ADA, Dkt. No. 332 (W.D. Tex.), dated September 29, 2020. This exhibit
`
`contains highlighting added by AlmondNet.
`
` I
`
` declare under penalty of perjury that the foregoing is true and correct. This exhibit
`
`contains highlighted added by AlmondNet.
`
`
`
`Executed on September 13, 2023, at Portland, Oregon.
`
`/s/ Amy E. Hayden
`Amy E. Hayden
`
`
`
`
`
`3
`
`
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
