RE:Very important hearing today on Amazon caseThis is the joint letter to the court on the summary judgment issues:
Pursuant to the Court’s October 8, 2021 Oral Order (D.I. 398), the parties submit this joint letter to identify the following issues they wish to be heard at the summary judgment motion hearing scheduled to commence on Thursday, October, 14, 2021 at 1:30 P.M.
IPA identifies the following three issues, in order of importance, for Thursday’s motion hearing:
• The allegedly invalidating OAA source code is not prior art (IPA’s Motion for Summary Judgment of No Invalidity Based on the “OAA System”);
• The Martin reference and PAAM 98 presentation do not quality as prior art (IPA’s Motion for Summary Judgment of No Invalidity Based on the “OAA System”);
• Amazon defaulted on its ArcticCat burden of production (IPA’s Motion for Summary Judgment on Marking).
Amazon identifies the following two issues, in order of importance, for Thursday’s motion hearing:
• The accused Alexa has no ICL service request, as the asserted claims require (Amazon’s Motion for Summary Judgment of Non-Infringement);
• The accused Alexa has no ICL, as the asserted claims require (Amazon’s Motion for Summary Judgment of Non-Infringement).