`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`ALMONDNET, INC.,
`
`
`Plaintiff,
`
`v.
`
`
`
`
`
`
`
`AMAZON.COM, INC., AMAZON.COM
`SERVICES LLC, and AMAZON WEB
`SERVICES, INC.,
`
`
`Defendants.
`
`
`
`Civil Action No. 6:21-cv-00898-ADA
`
`
`JURY TRIAL DEMANDED
`
`
`
`
` OMNIBUS ORDER REGARDING PRETRIAL MOTIONS
`
`Following the January 4, 2024 Pretrial Conference in this matter (ECF No. 237), the parties
`
`respectfully submitted this Order that reflects the Court’s rulings on the parties’ pretrial motions.
`
`1
`
`
`
`Case 6:21-cv-00898-ADA Document 244 Filed 04/18/24 Page 2 of 3
`
`Motion and ECF No.
`
`Ruling
`
`Amazon’s Motion for Summary Judgment of
`Invalidity Under 35 U.S.C. § 101 (ECF No.
`132)
`
`Denied.
`
`The Court rules that the asserted claims of
`the ’639 patent are not directed to an abstract
`idea under Alice step 1.
`
`The Court rules that the asserted claims of
`the ’139 patent are directed to an abstract
`idea. The issue as to the conventionality of
`the asserted claims of the ’139 patent under
`Alice step 2 will be sent to the jury. The
`parties will prepare a jury charge containing
`instructions on the law related to Alice step 2,
`and a verdict form containing question(s) on
`this issue.
`
`Amazon’s Motion to Exclude the Unreliable
`Testimony of AlmondNet’s Damages Expert
`Jim W. Bergman (ECF No. 126)
`
`Denied.
`
`AlmondNet’s Motion to Exclude Certain
`Opinions of Dr. Henry Houh and to Strike
`Portions of His Expert Report (ECF No. 134)
`
`Denied.
`
`AlmondNet’s Motion to Exclude Certain
`Opinions of W. Christopher Bakewell and to
`Strike Portions of His Expert Report (ECF
`No. 129)
`
`Denied.
`
`Amazon’s Motion for Summary Judgment of
`No Willful Infringement (ECF No. 133)
`
`Granted.
`
`Denied.
`
`AlmondNet’s Motion to Strike and Exclude
`Certain Opinions Of Dr. Henry Houh
`Regarding Enablement And Written
`Description; and Motion For Partial Summary
`Judgment of No Invalidity based on Lack of
`Enablement And Lack of Written Description
`(ECF No. 138)
`
`2
`
`
`
`Case 6:21-cv-00898-ADA Document 244 Filed 04/18/24 Page 3 of 3
`
`AlmondNet’s Motion for Summary Judgment
`of No Invalidity for Theories Involving
`Modifications to DoubleClick or Engage
`(ECF No. 130)
`
`Denied.
`
`SIGNED this 18th day of April, 2024
`
`
`
`
`
`
`
`
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`
`
`
`
`
`
`
`
`3
`
`
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