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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CLOUDING IP, LLC,
Plaintiff,
v.
DROPBOX, INC.,
Defendants.
C.A. No. 13-1454-LPS
JURY TRIAL DEMANDED
PLAINTIFF CLOUDING IP, LLC’S OPPOSITION TO DEFENDANTS’
MOTION TO DISMISS FOR LACK OF STANDING
Defendant Dropbox, Inc. (“Dropbox”) filed its motion to dismiss, solely in reliance on a
separate motion filed by Defendants Amazon.com, Inc. and Amazon Web Services, LLC
(collectively “Amazon”) in Case No. 12-cv-0641. Dropbox did not submit any further briefing
or argument in support of its motion. Notably, the Amazon motion relied upon discovery
materials produced in the Amazon litigation, including materials subject to the Protective Order
entered in that action. Dropbox has not yet participated in a Rule 26f conference, and discovery
in this action has not yet commenced, though Dropbox has retained the same counsel that
represents Amazon. Plaintiff Clouding IP, LLC opposes the motion filed by Dropbox for the
reasons set forth in its opposition to the motion filed by Amazon, which is already available to
the Court and counsel (in their capacity as Amazon’s counsel) at D.I. 129 in C.A. No. 12-641.
Case 1:13-cv-01454-LPS Document 13 Filed 10/28/13 Page 1 of 2 PageID #: 202
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October 28, 2013
OF COUNSEL:
Marc A. Fenster
Brian D. Ledahl
Dorian S. Berger
RUSS AUGUST & KABAT
12424 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90025
(310) 826-7474
mfenster@raklaw.com
bledahl@raklaw.com
dberger@raklaw.com
BAYARD, P.A.
/s/ Stephen B. Brauerman (sb4952)
Richard D. Kirk (rk0922)
Stephen B. Brauerman (sb4952)
Vanessa R. Tiradentes (vt5398)
222 Delaware Avenue, Suite 900
P.O. Box 25130
Wilmington, DE 19899
(302) 655-5000
rkirk@bayardlaw.com
sbrauerman@bayardlaw.com
vtiradentes@ bayardlaw.com
Attorneys for Plaintiff Clouding IP, LLC
Case 1:13-cv-01454-LPS Document 13 Filed 10/28/13 Page 2 of 2 PageID #: 203
