Case 5:18-md-02834-BLF Document 320-1 Filed 12/11/18 Page 1 of 36
`Case 5:18—md-02834-BLF Document 320-1 Filed 12/11/18 Page 1 of 36
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`Exh¡b¡t L
`Exhibit 1
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`Case 5:18-md-02834-BLF Document 320-1 Filed 12/11/18 Page 2 of 36
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`J. DAVID HADDEN (CSB No. 176148)
`dhadden@fenwick.com
`SAINA S. SHAMILOV (CSB No.215636)
`ssh am i I ov@ fen wi ck. com
`TODD R. GREGORIAN (CSB No. 236096)
`tgr e gori an@fenwi ck. com
`PHILLIP J. HAACK (CSB No. 262060)
`phaack@fenwick.com
`RAVI R. RANGANATH (CSB No. 272981)
`r r an ganath@fe n w i c k. c o m
`CHIEH TUNG (CSB No. 318963)
`ctung@fenwick.com
`FENWICK & WEST LLP
`Silicon Valley Center
`801 California Street
`Mountain View, CA 94041
`Telephone: 650.988.8500
`Facsimile: 650.938.5200
`
`Attorneys for AMAZON.COM, INC.
`and AMÃZON WEB SERVICES.INC
`
`I.INITED STATES DISTRICT COURT
`
`NORTHE,RN DISTRICT OF CALIFORNIA
`
`SAN JOSE DIVISION
`
`IN RE: PERSONALV/EB TECHNOLOGIES.
`LLC ET AL., PATENT LITIGATION
`
`Case No. 5: I 8-md-02834-BLF
`
`Case No.: 5:1 8-cv-00767-BLF
`
`RESPONSES AND OBJECTIONS OF'
`AMAZON.COM, INC. AND AMAZON
`WEB SERVICES,INC. TO NOTICE
`OF TAKING DEPOSITION OF'
`AMAZON.COM, INC. AND AMAZON
`wEB SERVICES, INC. PURSUANT
`TO FED.R.CrV.P. 30(bX6)
`
`AMAZON.COM, INC., and AMAZON WEB
`SERVICES, INC.,
`
`Plaintifß,
`
`v.
`
`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMLINICATIONS, LLC,
`Defendants.
`
`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMTINICATIONS, LLC,
`Counterclaimants.
`
`V
`
`AMAZON.COM, INC., and AMAZON WEB
`SERVICES, INC.,
`
`Counterdefendants.
`
`AMAZON'S RESPONSES ToNorIce op.
`DEPOSITION oF AMAZoN
`
`CASE No.: 5: I 8-cv-02834-BLF
`Cass No.: 5 : I 8-cv-00767-BLF
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`Case 5:18-md-02834-BLF Document 320-1 Filed 12/11/18 Page 3 of 36
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`Pursuant to the Court's practice and with the airn of efficient resolution of Fed. R. Civ. P.
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`deposition discovery, Amazon.com, Inc. and Amazon Web Services,lnc. (collectively, "Amazon")
`
`hereby object and respond to the Notice of Taking Deposition of Amazon Pursuant to Fed. R. Civ.
`
`P. 30(bX6) of Personal Web Technologies, LLC ("PersonalWeb"). Amazon's responses to this
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`deposition notice and its Topics are made subject to and without u,aiving, limiting, or intending to
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`waive any objections stated herein or hereafter raised.
`
`GENERAL OBJECTIONS
`
`The following general objections are stated with respect to each and every Topic whether
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`or not specifically identified in response thereto. To the extent any of these general objections are
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`not raised in any particular response, Amazon does not waive those objections.
`l.
`Amazon objects to the deposition notice to the extent that it demands that the
`deposition take place on November 30, 2018 at 9:00 a.m. Pursuant to Local Rule 30-1, before
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`noticing a deposition of a party orwitness affiliated with a party, the noticing party must confer
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`about the scheduling of the deposition with opposing counsel. PersonalWeb did not attempt to
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`meet and confer with Amazon to schedule the deposition prior to noticing it for that date. Amazon
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`will thus meet and confer with PersonalWeb regarding an agreed-upon, mutually convenient time
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`and place for the deposition.
`2.
`
`Amazon objects to each and every definition that purports to define a terrn by
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`referring to out of context and irrelevant statements made by counsel during case management
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`conferences. Such definitions are vague, ambiguor"rs, irrelevant, not proportional to the needs of
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`the case and improper.
`3.
`
`Amazon objects to each and every definition and Topic as overly broad, unduly
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`burdensome, and not proportional to the needs of the case because they are not limited to a specific
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`geographic area. Amazon will only provide discovery with respect to the United States.
`4.
`
`Amazon objects to each and every definition and Topic to the extent they are so
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`overbroad and ambiguous that no witness or reasonably-sized group of witnesses would be capable
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`of testiffing to the subjects therein. Amazon objects to the Notice to the extent that the burden and
`
`AMAZON'S RESPONSES ToNOTICE oF
`DEPOSITION oF AMAZON
`
`CASE No.: 5: I 8-cv-02834-BLF
`CASE No.: 5: I 8-cv-00767-BLF
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`Case 5:18-md-02834-BLF Document 320-1 Filed 12/11/18 Page 4 of 36
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`expense of providing the sought-after discovery outweighs any likely benefit and thus is not
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`proportional to the needs of the case.
`5.
`
`Amazon objects to the Topics to the extent they require a legal conclusion of
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`Amazon.
`6.
`
`Atnazon objects to each and every definition, instruction, and Topic to the extent
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`that they seek to impose upon Amazon an obligation to investigate or discover information or things
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`that are more or equally accessible to PersonalWeb. Amazon does not intend to designate
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`deponents for information that is not in the possession, custody or control of Amazon.
`7.
`seek to broaden the scope of allowable discovery and seek information that is not within the
`
`Amazon objects to the definitions of "You," 'oYour," or "Amazon" because they
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`possession, custody, or control of Amazon, but is in the possession of third-parties and non-parties
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`to this lawsuit. Amazon further objects to the definition of these terms to the extent they include
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`Amazon's attorneys and patent agents and seek privileged and attorney-work product information.
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`Atnazon will interpret these terms as referring to Amazon.corn, Inc. and Amazon Web Services,
`
`Inc. only.
`8.
`overly broad, unduly burdensome, and not proportional to the needs of this case. The cases
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`Amazon objects to the definition of "Website Operator Sued by PersonalWeb" as
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`PersonalWeb has filed against Amazon's customers are currently stayed (In re: PersonalWeb
`
`Technologies, LLC eÍ al., Patent Litigation No. l8-md-02834-BLF, Dkt. No. 157) and discovery
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`from or relating specifically to those customers, or PersonalWeb's claims in those cases, is outside
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`the scope of this declaratory judgment action.
`9.
`overly broad, unduly burdensome, and not proportional to the needs of the case, as it does not
`
`Amazon objects to the definition of "Amazon CustolÌrer" as vague and ambiguous,
`
`identiff the relevant entities with specificity. In addition, the cases PersonalWeb has filed against
`
`Amazon's customers are currently stayed (In re: PersonalWeb Technologies, LLC eÍ al., PatenÍ
`
`Litigation, No. l8-md-02834-BLF, Dkt. No. 157) and, discovery from or relating specifìcally to
`
`those customers, or PersonalWeb's claims in those cases, is outside the scope of this declaratory
`
`judgment action. Amazon will interpret this term to refer to those customers who used 53 from
`
`AMAZON,S RESPONSES ToNOTICE oF
`DnposlrroN op' A rrr,qzoN
`
`2
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`Case No.: 5: I 8-cv-02834-BLF
`CASE No.: 5: I 8-cv-00767-BLF
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`Case 5:18-md-02834-BLF Document 320-1 Filed 12/11/18 Page 5 of 36
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`January 8,2012 through December 26,2016.
`10. Amazon objects to the definition of "Website Operator Customer" as vague and
`ambiguous, overly broad, unduly burdensome, and not proportional to the needs of the case.
`
`PersonalWeb's def,inition does not identifu the relevant entities or persons with specificity. Instead,
`
`PersonalWeb states that this term includes entities that have "Webpage Files served for it by 53 or
`CloudFront" without clarifring a time frame or whether this refers to just 53 customers or all
`customers for any of Amazon's products. Amazon will interpret this term to refer to those
`
`customers who used 53 from January 8,2012 through December 26,2016.
`I I .
`broad, unduly burdensome, and not proportional to the needs of the case, as it does not identiSr the
`
`Amazonobjects to the definition of "Webpage File" as vague and ambiguous, overly
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`item or feature with specifi cify. Amazon incorporates by reference its objections to the definitions
`of the terms "Webpage Base File" and "Webpage Asset File." Amazon will interpret this term as
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`a file served via HTTP.
`12. Amazon objects to the definition of "Webpage Base File" as vague and ambiguous,
`overly broad, unduly burdensome, and not proportional to the needs of the case, as it does not
`identif' the item or feature with specifi city. Amazon incorporates by reference its objection to the
`definition of the term "Webpage File." Amazon will interpret this term as an HTML file that
`includes a reference to other content accessible via HTTP that will be used to display the document.
`13. Amazon objects to the def,rnition of "Webpage Asset File" as vague and ambiguous,
`overly broad, unduly burdensome, and not proportional to the needs of the case, as it does not
`identiff the item or feature with specifi city. Amazon incorporates by reference its objection to the
`definition of the term "Webpage File." Amazon will interpret this term as a file served via HTTP.
`14. Amazon objects to the definition of "Content-Based ETag" as vague and
`ambiguous, overly broad, unduly burdensome, and not proportionalto the needs of the case, as it
`does not identi$ the item or feature with specificity. Amazon will interpret this term as an ETag
`
`calculated based on contents ofa corresponding file.
`15. Amazon objects to the definition of "Fingerprint" as vague and ambiguous, overly
`broad, unduly burdensome, and not proportionalto the needs of the case, as it does not identiff the
`AMAZON'SRsspoNsEsToNOTICEoF 3
`DEposrrroN oF AMAZoN
`
`CasBNo.: 5:18-cv-02834-BLF
`CASE No.: 5 : I 8-cv-00767-BLF
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`Case 5:18-md-02834-BLF Document 320-1 Filed 12/11/18 Page 6 of 36
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`item or feature with specificity. Amazon will interpret this term as a Ruby on Rails fingerprint or
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`a similar value that is calculated via a hash algorithm and that renders the name of a file dependent
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`on the contents of the file.
`16. Amazon objects to the definition of "Multipaft Upload" as vague and ambiguous,
`overly broad, unduly burdensome, and not proportional to the needs of the case, as it does not
`
`identifz the item or feature with specifi city. Amazon will interpret this term as the feature described
`
`at the following Bates range: AMZ_PWT_00004124.
`17. Amazon objects to the definition of "Relevant Time Period" as vague and
`ambiguous, overly broad, unduly burdensome, and not proportional to the needs of the case.
`Amazon will interpret this term as referring to the time period January 8,2012 through December
`
`26,2016 only.
`18. Amazon objects to the definition of "Indemnified" or "Indemnification" as vague
`and ambiguous, overly broad, unduly burdensome, and failing to describe the information sought
`with reasonable particularity. Atnazon will interpret this term to refer to the legal concept of
`indemnifìcation. Amazon will interpret this term to refer to the time period of January 8,2012 to
`
`December 26,2016.
`19. Amazon objects to the Topics and definitions contained therein to the extent that
`they seek to impose duties beyond those required by the Federal Rules of Civil Procedure and the
`Local Rules of this district. Amazon's responses shall be made only in accordance with the
`
`applicable rule(s).
`20. Amazon objects to the Topics to the extent that they seek information equally
`available to PersonalWeb in the public dornain or that is already in the possession, custody, or
`
`contro I of Personal'Web.
`21. Amazon objects to the Topics to the extent that they seek information that is in the
`possession, custody, or control of parties over whom Amazon has no control.
`22. Amazon objects to each and every instruction, definition, and Topic to the extent
`that it seeks the disclosure of information protected by the attorney-client privilege, the attorney
`
`work-product doctrine, or any other applicable privilege, immunity, or protection, as provided by
`
`AITAzoN's RESPONSES To NOTICE oF
`DsposrrroN oF AMAZoN
`
`4
`
`CASE No.: 5: 18-cv-02834-BLF
`CASE No.: 5: I 8-cv-00767-BLF
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`Case 5:18-md-02834-BLF Document 320-1 Filed 12/11/18 Page 7 of 36
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`any applicable law. Amazon does not intend to disclose such privileged or protected information.
`
`Amazon's inadvertent disclosure of any such information should not be deemed awaiver of any
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`privilege, immunity, or protection, and Amazon expressly reserves the right to object to the
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`introduction at trial or to any other use of such information that may be inadvertently disclosed.
`
`Amazon objects to discovery of attorney-client privileged communications after the filing of this
`
`lawsuit and to discovery of work-product materials generated after the filing of this lawsuit.
`23. The responses given herein shall not be deemed to waive any claim of privilege or
`immunity Amazon may have as to any response, document, or thing, or any question or right of
`objection as to authenticity, competency, relevancy, materiality, admissibility, or any other
`
`objection Amazon may have as to a demand for further response to these or other Topics, or to any
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`objection to the use of such information, documerrts, or things in any other proceeding filed after
`
`the production of such information or documents.
`24. Nothing contained herein may be construed as an admission relative to the existence
`or non-existence of any information, and no response may be construed as an admission with
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`respect to the relevancy or admissibility in evidence of any statement or characterization contained
`
`in the Topics or respecting the authenticity, competency, relevancy, materiality, or admissibility of
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`any information, document or thing referenced by the Topics.
`
`Discovery in this matter is ongoing and Amazon reserves the right to revise or supplement
`
`any response herein.
`
`These General Objections are applicable to and are incorporated in each specifrc response
`
`herein without further reference. The inclusion of specific objection(s) in response to any Topics
`
`shall not be construed as a waiver of such objection(s), or any of these objections, in any other
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`response.
`
`RESPONSES AND OBJECTIONS
`
`Subject to the foregoing General Objections, which are incorporated by reference as if set
`
`forth fully in each and every response, Amazon also specifìcally responds and objects to the Topics
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`as follows:
`
`AvrazoN's RESPoNSES To NorrcE oF
`DEPOSITION oF AMAZON
`
`5
`
`CASE No.: 5: 1 8-cv-02834-BLF
`CASE No.: 5: I 8-cv-00767-BLF
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`Case 5:18-md-02834-BLF Document 320-1 Filed 12/11/18 Page 8 of 36
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`Tonic 1: Oneration & Tools X'or Amazon Website Onerator Customer Transacfions with
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`Their Own Data includins Multi-Part Upload
`
`TOPIC NO. l(al:
`
`The identity of the tools or methods used by Amazon Website Operator Customers for
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`uploading (including multi-part upload), copying, deleting and retrieving data objects that they
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`store on 53.
`
`RESPONSE TO TOPIC NO. 1(a):
`
`Amazon incorporates by reference its General Objections as if fully set forth herein. To the
`
`extent this Topic seeks information protected by the attorney-client privilege, attorney work-
`product doctrine, joint defense privilege, common interest exception, or any other applicable
`
`privilege, immunity, doctrine or protection, Amazon objects to it and will not provide any such
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`information in response. If any infonnation responsive to this Topic is subject to any confidentiality
`
`obligations owed by Amazon to any third party, Amazon will provide such information only after
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`it complies with those obligations, and, if necessary, only after it obtains the required permission
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`to do so from the third party.
`
`Amazon objects to the terms Amazon and Website Operator Customers on the bases
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`identifìed in the General Objections above and incorporates those bases herein. Amazon will
`interpret these phrases to refer to "Atnazon.coln, Inc. and Amazon Web Services, Inc." and
`o'customers who used S3 during January 8, 2012 through December 26, 2016," respectively.
`
`Amazon objects to this Topic as it appears to be an attempt to seek discovery relating to the claims
`
`in PersonalWeb's cases that are currently stayed (In re: PersonalWeb Technologies, LLC et al.,
`
`Patent Litigation, No. 18-md-02834-BLF, Dkt. No. 157); such discovery is outside the scope of
`
`this case, is not proportionalto the needs of this case, and is improper. Accordingly, Amazon does
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`not intend to provide such discovery in response.
`
`Amazon objects to this Topic as vague and ambiguous, not relevant to any claim or defense
`
`in this action and not proportional to the needs of the case as it is not limited to any time period.
`
`Amazon will only respond with respect to the time period from January 8,2012 until December
`
`26,2016.
`AMAZON'SRESPONSESToNorrcEoF 6
`DEPOSITION oF AMAZON
`
`CASENo.: 5:18-cv-02834-BLF
`CASE No.: 5:I8-cv-OO767.BLF
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`Case 5:18-md-02834-BLF Document 320-1 Filed 12/11/18 Page 9 of 36
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`Subject to and without waiving any objections, Amazon will designate an individual for
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`deposition at a mutually convenient time to testifz generally regarding operations and features of
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`S3 available during January 8,2012 through December 26,2016 for uploading, copying, deleting,
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`and retrieving data objects stored in 53.
`
`TOPrC NO. ltb):
`
`The operation of the tools or methods used by Amazon Website Operator Customers for
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`uploading, copying, deleting, and retrievingdata objects that they store on 53, including but not
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`limited to the Multipart Upload API, the 53 Console, AV/S Management Console, AWS CLI
`
`(Command Line Interface), 53CMD, 53 Curl, Bucket Explorer, and CloudBerry.
`RESPONSE TO TOPIC NO. lft):
`Amazon incorporates by reference its General Objections as if fully set forth herein. To the
`
`extent this Topic seeks information protected by the attorney-client privilege, attorney work-
`product doctrine, joint defense privilege, common interest exception, or any other applicable
`
`privilege, immunity, doctrine or protection, Atnazon objects to it and will not provide any such
`
`information in response. If any information responsive to this Topic is subject to any confidentiality
`
`obligations owed by Amazon to any third party, Amazon will provide such information only after
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`it complies with those obligations, and, if necessary, only after it obtains the required permission
`
`to do so from the third party.
`
`Amazon objects to the terms Amazon and'Website Operator Customers on the bases
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`identified in the General Objections above and incorporates those bases herein. Amazon will
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`interpret these phrases to refer to "Amazon.com, Inc. and Amazon Web Services, Inc." and
`o'customers who used 53 during January 8, 2012 through December 26, 2016," respectively.
`
`Amazon objects to this Topic as it appears to be an attempt to seek discovery relating to the claims
`
`in PersonalWeb's cases that are currently stayed (In re: PersonalWeb Technologies, LLC et al.,
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`PatenÍ Litigation, No. l8-md-02834-BLF, Dkt. No. 157); such discovery is outside the scope of
`
`this case, is not proportional to the needs of this case, and is improper. Accordingly, Amazon does
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`not intend to provide such discovery in response. Amazon further objects to the undefined terms
`
`Multipart Upload API, the 53 Console, AWS Management Console, AWS CLI (Command Line
`AMAZON'S RESPONSES ToNorrcEoF
`7
`DEPOSITION oF AMAZON
`
`CasrNo.: 5:18-cv-02834-BLF
`CASE No,: 5:18.cv-00767-BLF
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`Case 5:18-md-02834-BLF Document 320-1 Filed 12/11/18 Page 10 of 36
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`Interface), 53CMD, 53 Curl, Bucket Explorer, and CloudBerry as vague, ambiguous, and seeking
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`information that is neither relevant to any claim or defense in this action nor proportional to the
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`needs of the case, particularly given that the requested information is irrelevant to this matter and
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`these software tools are not accused in PersonalWeb's infringement contentions. Amazon will
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`interpret the phrase "Multipart Upload API" as referring to the same set feature of 53 described by
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`the defined term "Multipart Upload," and incorporates its general objections and interpretation
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`regarding that term herein. Amazon will interpret the term "AWS Management Console" to mean
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`the management interface described at AMZ_PWT_O0005665. Amazon will interpret the term "S3
`
`Console" to mean the management interface described at AMZ_PWT_0000571618. Amazon will
`
`interpret the term "AWS CLI" to mean the AWS Command Line Interface tool described at
`
`https://docs.aws.amazon.comlclillatest/userguide/aws-cli.pdf.
`
`53CMD, 53 Curl, Bucket Explorer,
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`and CloudBerry appear to be third party tools not developed or maintained by Amazon. As such,
`
`they are not relevant to the case, let alone relevant to the claim preclusion and Kessler doctrine
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`issues.
`
`Amazon objects to this Topic as vague and ambiguous, rlot relevant to any claim or defense
`
`in this action and not proportional to the needs of the case as it is not limited to any time period.
`
`Amazon will only respond with respect to the time period from January 8,2012 until December
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`26,2016.
`
`Subject to and without waiving any objections, Amazon will designate an individual for
`
`deposition at a mutually convenient time to testifli generally regarding operations and features of
`
`S3 available during January 8,2012 through December 26,2016 for uploading, copying, deleting,
`
`and retrieving data objects stored in 53, including the Multipart Upload API, AWS Management
`
`Console, the 53 Console, and AWS Command Line Interface.
`
`TOPIC NO. 1(c):
`
`The sequence of events from start to finish in an 53 multipart upload involving the
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`generation and use of Content-Based ETags.
`
`AMAZON'S RESPONSES ToNOTICE oF
`DEPOSITION oF AMAZON
`
`8
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`CASE No.: 5: I 8-cv-02834-BLF
`Cass No.: 5: I 8-cv-00767-BLF
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`Case 5:18-md-02834-BLF Document 320-1 Filed 12/11/18 Page 11 of 36
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`RESPOI{SE TO TOPIC NO. 1(c):
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`Amazon incorporates by reference its General Objections as if fully set forth herein. To the
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`extent this Topic seeks information protected by the attorney-client privilege, attorney work-
`product doctrine, joint defense privilege, common interest exception, or any other applicable
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`privilege, immunity, doctrine or protection, Amazon objects to it and will not provide any such
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`information in response. If any information responsive to this Topic is subject to any confidentiality
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`obligations owed by Amazon to any third party, Amazon will provide such information only after
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`it complies with those obligations, and, if necessary, only after it obtains the required permission
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`to do so from the third party.
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`Amazon objects to the terms multipart upload and Content-Based ETags on the bases
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`identified in the General Objections above and incorporates those bases herein. Amazon will
`interpret these phrases to refer to "the feature described at the following Bates range:
`AMZ_PWT_00004124" and "ETag calculated based on contents of a corresponding fìIe,"
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`respectively.
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`Amazon objects to this Topic as vague and ambiguous, rrot relevant to any claim or defense
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`in this action and not proportional to the needs of the case as it is not limited to any time period.
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`Amazon will only respond with respect to the time period from January 8,2012 unlil December
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`26,2016.
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`Subject to and without waiving any objections, Amazon will designate an individual for
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`deposition at a mutually convenient time to testify generally regarding the upload of a multipart
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`object to 53 and the generation and use ofETags during that process as available during January
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`8,2012 through December 26,2016.
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`TOPIC NO. 1(d):
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`The identity of the servers and source code functions/routines/modules
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`involved in the
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`sequence ofevents set forth in subtopic 1(c).
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`:
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`Amazon incorporates by reference its General Objections as if fully set forth herein. To the
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`extent this Topic seeks information protected by the attorney-client privilege, attorney work-
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`AMAZON'S RESPONSES ToNOTICE oF
`DEPOSITION oF AMAZON
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`Case No.: 5: 1 8-cv-00767-BLF
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`Case 5:18-md-02834-BLF Document 320-1 Filed 12/11/18 Page 12 of 36
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`product doctrine, joint defense privilege, common interest exception, or any other applicable
`privilege, immunity. doctrine or protection, Amazon objects to it and will not provide any such
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`information in response. If any information responsive to this Topic is subject to any confidentiality
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`obligations owed by Amazon to any third party, Amazon will provide such information only after
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`it complies with those obligations, and, if necessary, only after it obtains the required permission
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`to do so from the third party.
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`Amazon objects to this Topic as vague and ambiguous, not relevant to any claim or defense
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`in this action and not proportional to the needs of the case as it is not limited to any time period.
`Amazon will only respond with respect to the time period from January 8,2012 until December
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`26,2016.
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`Amazon objects to the undefined term "source code functions/routines/modules" as vague
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`and arnbiguous. Amazon will interpret this term to mean the source code underlying the accused
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`functionality of the S3 multipal't upload feature.
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`Amazon objects to this Topic as overbroad, overly burdensome, seeking information not
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`relevant to any claim or defense in the action, and not proportional to the needs ofthe case as it
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`seeks detailed information relating to all servers and source code involved in a multipart upload on
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`53 that may include a content-based ETag. as those terms are understood and applied herein by
`Arnazon, and that may have been served during a time period spanning several years. It is
`impractical and unduly burdensome to locate information sought by this Topic, even if it was
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`understood, over a period spanning several years. Moreover, such information is not relevant to
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`the claim preclusion and Kessler doctrine issues in this case.
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`Subject to and without waiving any objections, Amazon will designate an individual for
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`deposition at a mutually convenient time to identifz general source code packages relating to the
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`generation and use of ETags in the 53 multipart upload available during January 8,2012 through
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`December 26,2016 and to identifu at an architectural level, to the extent possible, the servers that
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`may have been involved in the 53 multipart upload during that time period.
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`Tonic 2: The Structure and Processine of HTTP GET Requests bv 53 and CloudFront
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`AMAZON'S RESPONSES To NOTICE oF
`DEPOSITION or AuazoN
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`Cass No.: 5 : I 8-cv-00767-BLF
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`Case 5:18-md-02834-BLF Document 320-1 Filed 12/11/18 Page 13 of 36
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`TOPIC NO.2(a):
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`The structure, content and processing of HTTP GET requests (including any conditional
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`HTTP GET requests) made by Amazon Website Operator Customers for data objects that they have
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`stored on 53 through the 53 tools of subtopics l(a) and (b), including but not limited to the
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`parameters required to be included in such HTTP GET requests.
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`RESPONSE TO TOPIC NO.2(a):
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`Atnazon incorporates by reference its General Objections as if fully set forth herein. To the
`
`extent this Topic seeks information protected by the attorney-client privilege, attorney work-
`product doctrine, joint defense privilege, common interest exception, or any other applicable
`privilege, immunity, doctrine or protection, Amazon objects to it and will not provide any suclr
`
`information in response. If any information responsive to this Topic is subject to any confidentiality
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`obligations owed by Amazon to any third party, Amazon will provide such information only after
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`it complies with those obligations, and, if necessary, only after it obtains the required permission
`
`to do so from the third party.
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`Amazon objects to the terms Amazon and Website Operator Customers on the bases
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`identified in the General Objections above and incorporates those bases herein. Amazon will
`interpret these phrases to refer to "Amazon.com, Inc. and Amazon Web Services, Inc." and
`"customers who used 53 during January 8, 2012 through December 26, 2016," respectively.
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`Amazon objects to this Topic as it appears to be an attempt to seek discovery relating to the claims
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`in Personal\rVeb's cases that are currently stayed (In re: PersonalWeb Technologies, LLC et al.,
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`Patent Litigation, No. l8-md-02834-BLF, Dkt. No. 157); such discovery is outside the scope of
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`this case, is not proportionalto the needs of this case, and is improper. Accordingly, Amazon does
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`not intend to provide such discovery in response.
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`Amazon further objects to the undefined term "S3 tools of subtopics l(a) and (b)" as vague,
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`ambiguous, and seeking information that is neither relevant to any claim or defense in this action
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`nor proportional to the needs of the case, particularly given that the requested information is
`irrelevant to this matter and such features are not accused in PersonalWeb's infringement
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`No.: 5: I 8-cv-02834-BLF
`No. : 5 : I 8-cv-007 67 -BLF
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`E E
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`CAS
`CAS
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`AvazoN's RESPoNSES toNorlcs op
`DEPosrrIoN oF AMAZoN
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`Case 5:18-md-02834-BLF Document 320-1 Filed 12/11/18 Page 14 of 36
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`contentions. Amazon incorporates herein its objections and understanding of the term reflecting
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`tools identified in Topic I (b).
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`Amazon objects to this Topic as vague and ambiguous, not relevant to any claim or defense
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`in this action and not proportional to the needs of the case as it is not limited to any time period.
`Amazon will only respond with respect to the time period from January 8,2012 until December
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`26,2016.
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`Subject to and without waiving any objections, Amazon will designate an individual for
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`deposition at a mutually convenient time to testiff generally regarding the structure, content and
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`processing of HTTP GET requests supported by S3 during January 8,2012 through December 26,
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`2016.
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`TOPrC NO.2(b):
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`The names of the servers and source code functions/routines/modules in 53 involved in the
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`processing of the HTTP GET requests (including any conditional HTTP GET requests) set forth in
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`subtopic 4(a).
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`RESPONSE TO TOPIC NO.2(b):
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`Atnazon incorporates by reference its General Objections as if fully set forth herein. To the
`
`extent this Topic seeks information protected by the attorney-client privilege, attorney work-
`product doctrine, joint defense privilege, sommon interest exception, or any other applicable
`privilege, immunity, doctrine or protection, Amazon objects to it and will not provide any such
`
`information in response. If any information responsive to this Topic is subject to any confidentiality
`
`obligations owed by Amazon to any third party, Amazon will provide such information only after
`
`it complies with those obligations, and, if necessary, only after it obtains the required permission
`
`to do so from the third party.
`
`Amazon objects to this Topic as vague and ambiguous, not relevant to any claim or defense
`
`in this action and not proportional to the needs of the case as it is not limited to any time period.
`Amazon will only respond with respect to the time period from January 8,2012 until December
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`26,2016.
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`AMAZON'S RESPONSES To NOTICE oF
`DEPOSITION oF AMAZON
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`l2
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`CASE No.: 5 : I 8-cv-02834-BLF
`CASE No.: 5: I 8-cv-00767-BLF
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`Case 5:18-md-02834-BLF Document 320-1 Filed 12/11/18 Page 15 of 36
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`Amazon objects to the undefined term "source code functions/routines/modules" as vague
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`and ambiguous. Amazon will interpret this term to mean the source code underlying the accused
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`features of 53. Amazon further objects to the undefined term "the HTTP GET requests (including
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`any conditional HTTP GET requests) set forth in subtopic 4(a)" as vague and ambiguous as
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`subtopic 4(a) does not request information concerning HTTP GET requests.
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`Amazon objects to this Topic as overbroad, overly burdensome, seeking information not
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`relevant to any claim or defense in the action, and not proportional to the needs of the case as it
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`seeks information relating to the names of all servers and source code involved in the processing
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`of the HTTP GET r