Case 1:19-cv-01410-MN Document 251 Filed 10/18/23 Page 1 of 4 PageID #: 10649
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`VB ASSETS, LLC,
`
`Plaintiff,
`
`v.
`
`AMAZON.COM, INC., AMAZON.COM LLC,
`AMAZON WEB SERVICES, INC., A2Z
`DEVELOPMENT CENTER, INC. d/b/a LAB126,
`RAWLES LLC, AMZN MOBILE LLC, AMZN
`MOBILE 2 LLC, AMAZON.COM SERVICES, INC.
`f/k/a AMAZON FULFILLMENT SERVICES, INC.,
`and AMAZON DIGITAL SERVICES LLC,
`
`Defendants.
`
`C.A. No. 1:19-cv-01410-MN
`
`STIPULATION AND ORDER TO SUBSTITUTE
`PARTIES AND AMEND CASE CAPTION
`
`Pursuant to Federal Rule of Civil Procedure 25(c), defendants Amazon.com, Inc.,
`
`Amazon.com LLC, Amazon Web Services, Inc., A2Z Development Center, Inc. d/b/a Lab 126,
`
`Rawles LLC, AMZN Mobile LLC, AMZN Mobile 2 LLC, Amazon.com Services, Inc. f/k/a
`
`Amazon Fulfillment Services, Inc., and Amazon Digital Services LLC (collectively, “Amazon”),
`
`through their undersigned counsel, hereby stipulate and agree, subject to the approval of the Court,
`
`to substitute Amazon.com Services LLC for defendants Amazon.com, Inc., Amazon.com LLC,
`
`Amazon Web Services, Inc., A2Z Development Center, Inc. d/b/a Lab 126, Rawles LLC, AMZN
`
`Mobile LLC, AMZN Mobile 2 LLC, Amazon.com Services, Inc. f/k/a Amazon Fulfillment
`
`Services, Inc., and Amazon Digital Services, LLC in this matter. In support of the stipulation, the
`
`parties recite as follows:
`
`* * * * *
`
`1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`VB ASSETS, LLC,
`
`Plaintiff,
`
`v.
`
`AMAZON.COM, INC., AMAZON.COM LLC,
`AMAZON WEB SERVICES, INC., A2Z
`DEVELOPMENT CENTER, INC. d/b/a LAB126,
`RAWLES LLC, AMZN MOBILE LLC, AMZN
`MOBILE 2 LLC, AMAZON.COM SERVICES, INC.
`f/k/a AMAZON FULFILLMENT SERVICES, INC.,
`and AMAZON DIGITAL SERVICES LLC,
`
`Defendants.
`
`C.A. No. 1:19-cv-01410-MN
`
`STIPULATION AND ORDER TO SUBSTITUTE
`PARTIES AND AMEND CASE CAPTION
`
`Pursuant to Federal Rule of Civil Procedure 25(c), defendants Amazon.com, Inc.,
`
`Amazon.com LLC, Amazon Web Services, Inc., A2Z Development Center, Inc. d/b/a Lab 126,
`
`Rawles LLC, AMZN Mobile LLC, AMZN Mobile 2 LLC, Amazon.com Services, Inc. f/k/a
`
`Amazon Fulfillment Services, Inc., and Amazon Digital Services LLC (collectively, “Amazon”),
`
`through their undersigned counsel, hereby stipulate and agree, subject to the approval of the Court,
`
`to substitute Amazon.com Services LLC for defendants Amazon.com, Inc., Amazon.com LLC,
`
`Amazon Web Services, Inc., A2Z Development Center, Inc. d/b/a Lab 126, Rawles LLC, AMZN
`
`Mobile LLC, AMZN Mobile 2 LLC, Amazon.com Services, Inc. f/k/a Amazon Fulfillment
`
`Services, Inc., and Amazon Digital Services, LLC in this matter. In support of the stipulation, the
`
`parties recite as follows:
`
`* * * * *
`
`1
`
`
`
`Case 1:19-cv-01410-MN Document 251 Filed 10/18/23 Page 2 of 4 PageID #: 10650
`
`WHEREAS, Amazon.com Services LLC has acquired the interests of Amazon Digital
`
`Services, LLC, and Amazon Digital Services, LLC no longer exists;
`
`WHEREAS, Amazon.com, Inc. is a holding company that operates solely through its
`
`operating subsidiaries, including specifically Amazon.com Services LLC;
`
`WHEREAS, Amazon represents that the only relevant Amazon defendant entity for
`
`purposes of this lawsuit is Amazon.com Services LLC. Thus, for purposes of above-entitled action
`
`only, should any liability be found, Amazon.com Services LLC assumes liability (to the extent any
`
`liability exists) for all acts of alleged infringement by any affiliated Amazon entity, including the
`
`defendants substituted out through this stipulation. For avoidance of doubt, for purposes of this
`
`case only, Amazon.com Services LLC assumes liability (to the extent any liability exists) for (1)
`
`making and operating the Alexa servers, (2) selling Echo devices and tablets, and (3) making and
`
`distributing Amazon-branded mobile apps including Alexa and Amazon Shopping. At trial, the
`
`parties may refer to Amazon.com Services LLC as “Amazon” and neither party will object to such
`
`reference;
`
`WHEREAS, Amazon desires to substitute Amazon.com Services LLC for defendants
`
`Amazon.com, Inc., Amazon.com LLC, Amazon Web Services, Inc., A2Z Development Center,
`
`Inc. d/b/a Lab 126, Rawles LLC, AMZN Mobile LLC, AMZN Mobile 2 LLC, Amazon.com
`
`Services, Inc. f/k/a Amazon Fulfillment Services, Inc., and Amazon Digital Services, LLC in this
`
`matter;
`
`WHEREAS, Amazon.com Services LLC shall be bound by any prior court decisions in
`
`this case and by any discovery conducted of or by Amazon.com, Inc., Amazon.com LLC, Amazon
`
`Web Services, Inc., A2Z Development Center, Inc. d/b/a Lab 126, Rawles LLC, AMZN Mobile
`
`2
`
`
`
`Case 1:19-cv-01410-MN Document 251 Filed 10/18/23 Page 3 of 4 PageID #: 10651
`
`LLC, AMZN Mobile 2 LLC, Amazon.com Services, Inc. f/k/a Amazon Fulfillment Services, Inc.,
`
`and Amazon Digital Services, LLC in this case;
`
`WHEREAS, plaintiff VB Assets, LLC (“VB Assets”) consents to substitution of
`
`Amazon.com Services LLC for defendants Amazon.com, Inc., Amazon.com LLC, Amazon Web
`
`Services, Inc., A2Z Development Center, Inc. d/b/a Lab 126, Rawles LLC, AMZN Mobile LLC,
`
`AMZN Mobile 2 LLC, Amazon.com Services, Inc. f/k/a Amazon Fulfillment Services, Inc., and
`
`Amazon Digital Services, LLC;
`
`WHEREAS, Amazon.com Services LLC consents to the substitution of it for defendants
`
`Amazon.com, Inc., Amazon.com LLC, Amazon Web Services, Inc., A2Z Development Center,
`
`Inc. d/b/a Lab 126, Rawles LLC, AMZN Mobile LLC, AMZN Mobile 2 LLC, Amazon.com
`
`Services, Inc. f/k/a Amazon Fulfillment Services, Inc., and Amazon Digital Services, LLC, and
`
`Amazon shall serve this Stipulated Motion on Amazon.com Services LLC in accordance with Rule
`
`25(c) and (a)(3);
`
`NOW THEREFORE, VB Assets and Amazon hereby agree, subject to the approval and
`
`Order of the Court, to the substitution of Amazon.com Services LLC for defendants Amazon.com,
`
`Inc., Amazon.com LLC, Amazon Web Services, Inc., A2Z Development Center, Inc. d/b/a Lab
`
`126, Rawles LLC, AMZN Mobile LLC, AMZN Mobile 2 LLC, Amazon.com Services, Inc. f/k/a
`
`Amazon Fulfillment Services, Inc., and Amazon Digital Services, LLC as a defendant in-suit
`
`pursuant to Fed. R. Civ. P. 25(c). The parties further agree that no party will read from or reference
`
`this Stipulation in front of the jury.
`
`IT IS FURTHER STIPULATED AND AGREED, subject to approval and Order of the
`
`Court, that the case caption in this action shall be amended as follows:
`
`3
`
`
`
`Case 1:19-cv-01410-MN Document 251 Filed 10/18/23 Page 4 of 4 PageID #: 10652
`
`VB ASSETS, LLC,
`
`Plaintiff,
`
`v.
`
`AMAZON.COM SERVICES LLC,
`
`Defendant.
`
`C.A. No. 1:19-cv-01410-MN
`
`SMITH, KATZENSTEIN & JENKINS LLP
`
`ASHBY & GEDDES
`
`/s/ Neal C. Belgam
`
`/s/ Andrew C. Mayo
`
`Neal C. Belgam (#2721)
`Jason Z. Miller (#6310)
`1000 West Street, Suite 1501
`Wilmington, DE 19801
`(302) 652-8400
`nbelgam@skjlaw.com
`jzm@skjlaw.com
`
`Counsel for Plaintiff VB Assets, LLC
`
`Steven J. Balick (#2114)
`Andrew C. Mayo (#5207)
`500 Delaware Avenue, 8th Floor
`P.O. Box 1150
`Wilmington, DE 19899
`(302) 654-1888
`sbalick@ashbygeddes.com
`amayo@ashbygeddes.com
`
`Counsel for Defendants
`Amazon.com, Inc., Amazon.com LLC, Amazon
`Web Services, Inc., A2Z Development Center,
`Inc. d/b/a Lab126, Rawles LLC, AMZN Mobile
`LLC, AMZN Mobile 2 LLC, Amazon.com
`Services, Inc. f/k/a Amazon Fulfillment
`Services, Inc., and Amazon.com Services LLC
`
`IT IS SO ORDERED this 18th day of October 2023.
`
`The Honorable Maryellen Noreika
`United States District Judge
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
