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Acceleration Bay, LLC v. Amazon Web Services, Inc.

Docket 1:22-cv-00904, Delaware District Court (July 6, 2022)
Judge Richard G. Andrews, presiding, Judge Sherry R. Fallon
Patent
DivisionWilmington
FlagsDISCOVERY-SRF, PATENT
Cause35:1 Patent Infringement
Case Type830 Patent
Tags830 Patent, 830 Patent
Patent
10217462; 6701344; 6714966; 6732147; 6829634; 6910069
6701344671496667321476829634
6910069
Plaintiff Acceleration Bay, LLC
Defendant Amazon Web Services, Inc.
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Epic Games, Inc. v. Acceleration Bay LLC

Docket 5:19-cv-04133, California Northern District Court (July 18, 2019)
Judge Yvonne Gonzalez Rogers, presiding, Magistrate Judge Sallie Kim
Patent
DivisionSan Jose
FlagsADRMOP, AO279, CLOSED, PROTO, PRVADR, REFDIS
Cause28:1332 Diversity-Injunctive & Declaratory Relief
Case Type830 Patent
Tags830 Patent, 830 Patent
Patent
6701344; 6714966; 6732147; 6829634; 6910069; 6920497; 7412537
6701344671496667321476829634
6910069
69204977412537
Plaintiff Epic Games, Inc.
Defendant Acceleration Bay LLC
Counter Claimant Acceleration Bay LLC
...
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No. 294 FINAL JUDGMENT: Judgment is entered in favor of Plaintiff Acceleration Bay, LLC ("Acceleration ...

Document Acceleration Bay, LLC v. Amazon Web Services, Inc., 1:22-cv-00904, No. 294 (D.Del. Oct. 7, 2024)
Motion for Judgment
P. 58(b) as follows: IT IS HEREBY ORDERED that: Judgment is entered in favor of Plaintiff Acceleration Bay, LLC ("Acceleration Bay") and against Defendant Amazon Web Services, Inc. ("A WS") with respect to Acceleration Bay' s claims of infringement of Claim 12 of U.S. Patent No .
290); Judgment is entered in favor of Acceleration Bay and against A WS for damages in the amount of $30,500,000 for AWS ' s infringement of the two asserted claims, subject to any enhanced damages, interest, fees, and/or costs that may subsequently be sought and awarded by the Court; Of the $30,500,000 damages award, the amount of $1 ,000,000 is based on Virtual Private Cloud ("VPC")'s infringement of the ' 147 Patent from July 6, 2022 to July 22, 2022, and the
Case 1:22-cv-00904-RGA-SRF Document 294 Filed 10/07/24 Page 2 of 2 PageID #: 36388 amount of$29,500,000 is based on CloudFront's infringement of the '966 Patent and ' 147 Patent from March 13, 2019 through July 5, 2022.
Judgment is entered in favor of Acceleration Bay and against A WS with respect to Acceleration Bay's claim that A WS's infringement of the two asserted claims by CloudFront was willful.
This JUDGMENT serves to trigger the time for filing post-trial motions on issues that were decided by the jury, as well as other post-trial matters.
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No. 259 MEMORANDUM ORDER: Regarding the testimony of Mr. Hayden; Ms. Kindler's "portfolio licenses; ...

Document Acceleration Bay, LLC v. Amazon Web Services, Inc., 1:22-cv-00904, No. 259 (D.Del. Sep. 20, 2024)
Motion to Strike ReportDenied
The issue arose because Mr. Hayden was on the live witness list, and I asked Defendant at the pretrial conference about what he was going to testify.
But since I doubt its relevance, if Defendant wants me to consider permitting such testimony, it needs to submit a detailed proffer about what Mr. Hayden would say no later than Monday, September 23, at 10 a.m.
200), which I denied, I asked that Plaintiff submit a proffer regarding Dr. Medvidovic' s proposed testimony about how the accused products meet the "broadcast channel" limitation.
In response, Defendant raised a different issue, saying that one paragraph at pp. 4-5 of the proffer was a previously undisclosed (or new) infringement theory.
The proffer' s disputed paragraph states that Dr. Medvidovic "explains that BigMac ... utilizes a 'HyperPlane Health Layer' .
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No. 219 MEMORANDUM OPINION

Document Acceleration Bay, LLC v. Amazon Web Services, Inc., 1:22-cv-00904, No. 219 (D.Del. Sep. 12, 2024)
“Such secondary considerations as commercial success, long felt but unsolved needs, failure of others, etc., might be utilized to give light to the circumstances surrounding the origin of the subject matter sought to be patented.” Graham v. John Deere Co. of Kansas City, 383 U.S. 1, 17–18 (1966).
“Extrinsic evidence is to be used to determine the meaning of specific words and terms used and not to show an intention independent of the instrument or to vary, contradict or modify the written word.” Viking Bank, 183 Wash. App. at 713 (quoting Hearst, 154 Wash. 2d at 503) (cleaned up).
The author interprets the contract language as “appear[ing] to give AWS the right to deflect patent lawsuits filed by current and former customers—no matter the amount of services they had used during their business relationship with AWS—until the end of time.” (Id.).
According to http://aws.amazon.com/CloudFront: Amazon CloudFront is a fast content delivery network (CDN) service that securely delivers data, videos, applications, and APIs to customers globally with low latency, high transfer speeds, all within a developer-friendly environment.
AB- AWS_011654-973 at 11814-818 (explaining, inter alia, that GameLift can “use [VPC] peering connections to enable [customer] game services to communicate directly and privately with [the customer’s] other AWS resources”); Byskal Tr. at 17:4-17:16 (“GameLift will create – for every deployment ... what we call ... a
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No. 220 ORDER: Plaintiff's summary judgment and Daubert motions (D.I. 150 ) are GRANTED IN PART and ...

Document Acceleration Bay, LLC v. Amazon Web Services, Inc., 1:22-cv-00904, No. 220 (D.Del. Sep. 12, 2024)
Motion for Summary JudgmentPartial
Civil Action No. 22-904-RGA For the reasons stated in the accompanying Memorandum Opinion, IT IS HEREBY
Plaintiff’s summary judgment and Daubert motions (D.I.
150) are GRANTED IN PART and DENIED IN PART as set forth in the Memorandum Opinion; 2.
Defendant’s summary judgment and Daubert motions (D.I.
United States District Judge
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Activision Blizzard Inc. v. Acceleration Bay LLC

Docket 1:16-cv-00774, Delaware District Court (Sept. 2, 2016)
Judge Richard G. Andrews, presiding
Patent
DivisionWilmington
DemandPlaintiff
Cause28:2201 Declaratory Judgment
Case Type830 Patent
Tags830 Patent, 830 Patent
Patent
6701344; 6714966; 6732147; 6829634; 6910069; 6920497
6701344671496667321476829634
6910069
6920497
Plaintiff Activision Blizzard Inc.
Defendant Acceleration Bay LLC
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No. 77 MEMORANDUM OPINION: Providing claim construction for multiple terms in U.S. Patent Nos. 6,701,344, ...

Document Acceleration Bay, LLC v. Amazon Web Services, Inc., 1:22-cv-00904, No. 77 (D.Del. Oct. 19, 2023)
On July 6, 2022, Plaintiff Acceleration Bay filed a complaint against Defendant Amazon Web Services, alleging infringement of the ' 344, ' 966, ' 147, ' 634, and ' 069 patents.
... [It is] the meaning that the term would have to a person of ordinary skill in the art in question at the time of the invention, i.e., as of the effective filing date of the patent application."
Extrinsic evidence may assist the court in understanding the underlying technology, the meaning of terms to one skilled in the art, and how the invention works.
Defendant also contends that all asserted claims of the ' 344, ' 966, ' 634, ' 147, and ' 069 patents "include substantially similar limitations requiring ' at least three,' or 'three or more,' directly connected participants."
Defendant contends that the prosecution history supports its position because Plaintiff added '" peer-to-peer connections' and other amended language to overcome rejections" during inter partes review ("IPR").
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