`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`ALMONDNET, INC.,
`
`
`
`
`
`AMAZON.COM, INC.; AMAZON.COM
`SERVICES LLC; and AMAZON WEB
`SERVICES, INC.,
`
`
`
`
`
`
`Defendants.
`
`Plaintiff,
`
`
`
`v.
`
`
`
`
`
`
`
`
`Case No. 6:21-cv-00898-ADA
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`DECLARATION OF JAMES S. TSUEI IN SUPPORT OF PLAINTIFF’S MOTION IN
`LIMINE TO EXCLUDE ARGUMENT AND EVIDENCE THAT THE ENGAGE
`SYSTEM ALONE RENDERS OBVIOUS CLAIM 37 OF THE ’139 PATENT
`
`
`
`
`Case 6:21-cv-00898-ADA Document 258 Filed 06/09/24 Page 2 of 3
`
`I, James S. Tsuei, 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 Motion in Limine to Exclude Argument and
`
`Evidence that the Engage System Alone Renders Obvious Claim 37 of the ’139 Patent (the
`
`“Motion”). 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 an e-mail thread, with emails
`
`dating between June 6 and June 8, 2024, between counsel for AlmondNet and counsel for Amazon
`
`regarding the issues presented in the Motion.
`
`3.
`
`Attached as Exhibit B is a true and correct copy of an e-mail thread, with emails
`
`dating between November 12 and November 16, 2023, between counsel for AlmondNet and
`
`counsel for Amazon regarding proposed edits to draft jury instructions and other pretrial issues.
`
`4.
`
`Attached as Exhibit C is a true and correct copy of an e-mail thread, with emails
`
`dating between May 30 and May, 2024, between counsel for AlmondNet and counsel for Amazon
`
`regarding certain pretrial issues.
`
`5.
`
`Attached as Exhibit D is a true and correct copy of the Opening Expert Report of
`
`Dr. Ward Hanson (“Hanson Report”), served by Amazon on AlmondNet in the above-captioned
`
`case on June 16, 2023.
`
`6.
`
`Attached as Exhibit E is a true and correct copy of an excerpt of the Opening Expert
`
`Report of Dr. Ward Hanson, which includes paragraphs 844 through 896. AlmondNet has
`
`highlighted paragraphs 845 through 874 in this Exhibit.
`
`
`
`1
`
`
`
`Case 6:21-cv-00898-ADA Document 258 Filed 06/09/24 Page 3 of 3
`
`7.
`
`Attached as Exhibit F is a chart prepared by AlmondNet which identifies and lists
`
`excerpts from the Hanson Report showing opinions regarding obviousness.
`
`8.
`
`Attached as Exhibit G is a chart prepared by AlmondNet comparing and
`
`contrasting certain portions in the Hanson Report which either (1) express obviousness opinions
`
`or (2) do not express obviousness opinions.
`
`9.
`
`Attached as Exhibit H is a true and correct copy of an e-mail thread, with emails
`
`dating between September 12 and September 19, 2023, between counsel for AlmondNet and
`
`counsel for Amazon regarding narrowing the list of asserted claims and invalidity theories to be
`
`tried in the case.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed on June 9, 2024, in Waco, Texas.
`
`/s/ James S. Tsuei
`James S. Tsuei
`
`
`
`
`
`2
`
`
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