Case Information
*1 Case 1:19-cv-01410-MN Document 349 Filed 05/16/25 Page 1 of 2 PageID #: 13145
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE VB ASSETS, LLC, )
)
Plaintiff, )
)
v. ) C.A. No. 19-1410 (MN) )
AMAZON.COM SERVICES LLC, )
)
Defendant. )
ORDER
At Wilmington, this 16th day of May 2025;
WHEREAS, from November 2 to 8, 2023, the Court presided over a five-day jury trial in this action between Plaintiff VB Assets, LLC (“Plaintiff”) and Defendant Amazon.com Services LLC (“Defendant”) ( see D.I. 303-07);
WHEREAS, on November 8, 2023, the jury rendered a unanimous verdict, and the Court entered a Judgment Following Jury Verdict (D.I. 291, 293);
WHEREAS, on September 30, 2024, the Court issued a Memorandum Opinion and entered an Order on the parties’ motions for judgment as a matter of law (D.I. 325, 326);
WHEREAS, on December 12, 2024, the Court issued a Memorandum Opinion and entered an Order on Plaintiff’s motion for an ongoing royalty, including ordering the parties to submit a proposed form of Final judgment (D.I. 341, 342); and
WHEREAS, on January 10, 2025, the parties submitted competing proposed Final Judgments, along with letter briefing (D.I. 346; id. Exs. A-B).
THEREFORE, IT IS HEREBY ORDERED that:
1. Plaintiff’s request for “increased” royalties (D.I. 346 at 4-5; id. Ex. B ¶¶ 6, 8) is DENIED. The request is properly viewed as a motion for supplemental damages, which was not *2 Case 1:19-cv-01410-MN Document 349 Filed 05/16/25 Page 2 of 2 PageID #: 13146
briefed as part of any of the previous post-trial motions. Nor was Plaintiff’s pre-verdict calculus advanced in its motion for ongoing royalties. ( See D.I. 301 at 2-3; D.I. 327 at 2-3 (discussing only “post-verdict” factors)). It is, therefore, improper and untimely.
2. Plaintiff’s request for reporting, auditing, and compliance measures (D.I. 346 at 5- 6; id. Ex. B ¶¶ 9-12) is DENIED. This request was also not previously briefed, and, although deemed a “commonsense” measure by Plaintiff, is not supported by any legal authority. ( Id. ).
3. Plaintiff’s request for dismissal without prejudice of the parties’ claims and counterclaims not presented at trial (D.I. 346 at 6; id. Ex. B ¶ 14) is DENIED. All such claims and counterclaims shall be dismissed with prejudice, substantially for the reasons the Court provided in TrackTime, LLC v. Amazon.com Servs. LLC , No. 18-1518 (MN), 2024 WL 4300101, at *12-13 & n.10 (D. Del. Sept. 26, 2024).
4. Final Judgment will be entered in accordance with the foregoing.
The Honorable Maryellen Noreika United States District Judge 2