`
`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
`
`
`
`
`AMAZON’S NOTICE OF SUPPLEMENTAL AUTHORITY
`IN SUPPORT OF DEFENDANTS’ OPPOSITION TO
`ALMONDNET’S MOTION FOR ENTRY OF FINAL JUDGMENT
`
`Defendants Amazon.com, Inc., Amazon.com Services LLC, and Amazon Web Services,
`
`Inc. (collectively, “Amazon”) respectfully notifies the Court of a decision by Judge Gilstrap of the
`
`Eastern District of Texas in TQ Delta, LLC v. Commscope Holding Company, Inc., et al.,
`
`No. 2:21-CV-00310-JRG, 2024 WL 4028029, at *1 (E.D. Tex. Sept. 3, 2024). A copy of the
`
`decision is attached as Exhibit A. In TQ Delta, the court rejected plaintiff’s claim that
`
`prejudgment interest should accrue from the first date of infringement according to the parties’
`
`hypothetical negotiation, holding that under 35 U.S.C. § 286, the patentee can recover
`
`damages only for infringement occurring up to six years before filing the claim. Id. at *2
`
`(“[A] patentee is not entitled to damages for any infringement committed more than six years prior
`
`to the filing of the claim for infringement . . . Prejudgment interest cannot predate or extend beyond
`
`the period when actual damages can be recovered.”). The court also awarded interest at the
`
`five-year U.S. Treasury Bill rate. Id. at *4. Due to Plaintiff’s delay in filing this lawsuit,
`
`
`
`
`
`Case 6:21-cv-00898-ADA Document 316 Filed 09/06/24 Page 2 of 4
`
`prejudgment interest should accrue from the August 27, 2021 filing date. But under this authority,
`
`regardless of the Court’s view of the arguments concerning delay, prejudgment interest cannot be
`
`awarded for any period before the start of the six-year damages period in August 2015.
`
`
`Dated: September 6, 2024
`
`
`
`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
`
`
`Respectfully submitted,
`
`
`
`By: /s/ Eric B. Young
`Eric B. Young
`
`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 K. Kuncheria (TX Bar No. 24070092)
`Email: jkuncheria@fenwick.com
`Johnathan L. Chai (CA Bar No. 339315)
`Email: jchai@fenwick.com
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`Tel: (650) 988-8500
`Fax: (650) 938-5200
`
`Todd R. Gregorian (CA Bar No. 236096)
`Email: tgregorian@fenwick.com
`Eric B. Young, (CA Bar No. 318754)
`Email: eyoung@fenwick.com
`Dargaye Churnet (Admitted Pro Hac Vice)
`Email: dchurnet@fenwick.com
`Christopher L. Larson (CA Bar No. 308247)
`Email: clarson@fenwick.com
`Brian M. Hoffman (Admitted Pro Hac Vice)
`Email: bhoffman@fenwick.com
`FENWICK & WEST LLP
`555 California Street, 12th Floor
`San Francisco, CA 94104
`Tel: (415) 875-2300
`
`Jeffrey A. Ware (WA Bar No. 43779)
`Email: jware@fenwick.com
`FENWICK & WEST LLP
`401 Union Street, 5th Floor
`
`
`
`2
`
`
`
`Case 6:21-cv-00898-ADA Document 316 Filed 09/06/24 Page 3 of 4
`
`Seattle, WA 98101
`Tel: (206) 389-4510
`
`
`
`James S. Trainor (Admitted Pro Hac Vice)
`Email: jtrainor@fenwick.com
`Jessica Lin (NY Bar No. 5035860)
`Email: jessica.lin@fenwick.com
`FENWICK & WEST LLP
`902 Broadway, 18th Floor
`New York, NY 10010
`Tel: (212) 921-2001
`
`Counsel for Defendants
`AMAZON.COM, INC., AMAZON.COM SERVICES
`LLC, and AMAZON WEB SERVICES, INC.
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`Case 6:21-cv-00898-ADA Document 316 Filed 09/06/24 Page 4 of 4
`
`CERTIFICATE OF SERVICE
`
`I, the undersigned, hereby certify that all counsel of record who are deemed to have
`
`consented to electronic service are being served with a true and correct copy of this document on
`
`September 6, 2024 via the Court’s CM/ECF system per Local Rule CV 5(a).
`
`
`
`
`
`
`
`/s/ Eric B. Young
`Eric B. Young
`
`
`
`
`4
`
`
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