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No. 233 STIPULATION and [Proposed] Order regarding case narrowing by Acceleration Bay, LLC

Document Acceleration Bay, LLC v. Amazon Web Services, Inc., 1:22-cv-00904, No. 233 (D.Del. Sep. 19, 2024)

The purpose of this Stipulation is to narrow the issues in dispute and to streamline the presentation of evidence at the trial scheduled to begin on September 23, 2024.

Acceleration Bay may reassert its willful infringement claims against Transit Gateway and Lambda of claim 12 of the ’966 Patent and claim 6 of the ’147 Patent only in the event the case is remanded after appeal with reversal or vacatur of the Court’s grant of summary judgment that Acceleration Bay’s 2019 letter to AWS (D.I.

Case 1:22-cv-00904-RGA-SRF Document 233 Filed 09/19/24 Page 2 of 3 PageID #: 26550 Patent, and may assert that defense in the event that Acceleration Bay reasserts Transit Gateway or Lambda as accused products.

AWS may reassert that there are non-infringing alternatives in the event that Acceleration Bay reasserts its infringement allegations against Transit Gateway or Lambda of claim 12 of the ’966 Patent and claim 6 of the ’147 Patent, so long as Mr. MacCarthaigh is offered for an up-to-two-hour deposition on non-infringing alternatives.

Acceleration Bay’s claim that AWS’ infringement is willful as to CloudFront; c. AWS’s license and non-infringement defenses (including no willfulness) to Acceleration Bay’s claims of infringement; and Case 1:22-cv-00904-RGA-SRF Document 233 Filed 09/19/24 Page 3 of 3 PageID #: 26551 d. The parties’ respective damages cases.

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- Richard Andrews
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- Kramer Levin Naftalis & Frankel
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No. 188 Joint letter to The Honorable Richard G. Andrews, regarding August 21, 2024, Oral Order

Document Acceleration Bay, LLC v. Amazon Web Services, Inc., 1:22-cv-00904, No. 188 (D.Del. Aug. 23, 2024)

Below, Plaintiff Acceleration Bay, LLC (“Acceleration Bay”) identifies the remaining asserted patents claims:

Obviousness based on the combination of Du, Hughes, Hwang, and Olson ’966 Patent Claim Prior Art Grounds 1.

Obviousness based on the combination of Du, Hughes, Hwang, and Olson ’147 Patent Claim Prior Art Grounds 1.

The claim is directed to unpatentable subject matter (35 U.S.C. § 101) The Honorable Richard G. Andrews August 23, 2024 Page 3 1.

Further excerpts of Mr. Greene’s Opening Report were filed as Exhibit I to AWS’s Opposition to Acceleration Bay’s Motion and can be found at D.I.

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No. 183 REDACTED VERSION of 171 Declaration, by Amazon Web Services, Inc

Document Acceleration Bay, LLC v. Amazon Web Services, Inc., 1:22-cv-00904, No. 183 (D.Del. Jul. 24, 2024)

I am duly licensed to practice law in the State Maryland and the District of Columbia and am admitted pro hac vice in this action.

Attached as Exhibit 54 is a true and correct copy of Amendment No. 1 to the AWS- Boeing Enterprise Customer Agreement, dated March 22, 2013, bearing production number

Attached as Exhibit 55 is a true and correct copy of Amendment No. 2 to the AWS- Boeing Enterprise Customer Agreement, dated April 2, 2013, bearing production number

Attached as Exhibit 56 is a true and correct copy of Amendment No. 3 to the AWS- Boeing Enterprise Customer Agreement, dated January 26, 2018, bearing production number

Attached as Exhibit 66 is a true and correct copy of the October 11, 2022 version of a webpage entitled, “Amazon EKS features,” bearing production number

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