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`UNITED STATES DISTRICT COURT
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`FOR THE WESTERN DISTRICT OF TEXAS
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`WACO DIVISION
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`Plaintiffs
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`v.
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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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`Defendants.
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`DECLARATION OF JAMES A. MILKEY IN SUPPORT OF PLAINTIFF’S REPLY IN
`SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF NO INVALIDITY FOR
`THEORIES INVOLVING MODIFICATIONS TO DOUBLECLICK OR ENGAGE
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`Case 6:21-cv-00898-ADA Document 194 Filed 09/15/23 Page 2 of 2
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`I, James A. Milkey, 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 Reply in Support of Motion for Summary Judgment
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`of No Invalidity for Theories Involving Modifications to DoubleClick or Engage. I have personal
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`knowledge of the facts set forth herein, and if called upon to testify, could and would testify
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`competently thereto.
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`2.
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`Attached as Exhibit A is a true and correct copy of the AlmondNet’s Election of
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`Asserted Claims. This exhibit contains highlighting that I added, pursuant to General Issue 11 of
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`the Court’s Standing Order Governing Proceedings (OGP) 4.3—Patent Cases (“OGP”).
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`3.
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`Attached as Exhibit B is a true and correct copy of the Defendants’ Opposition to
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`Asetek’s Motion for Partial Summary Judgment filed in Asetek Danmark A/S v. CoolIT Systems,
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`Inc., Case No. 19-cv-00410-EMC, as Dkt. 423 (N.D. Cal. May 5, 2022). 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 September 15, 2023, at Los Angeles, California.
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`/s/ James A. Milkey
`James A. Milkey
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`1
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