Case 5:18-md-02834-BLF Document 335 Filed 01/09/19 Page 1 of 3
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`Michael A. Sherman (SBN 94783)
`masherman@stubb salderton. com
`Jeffrey F. Gersh (SBN 87124)
`j gersh@stubbsalderton. corn
`Sandeep Seth (SBN 195914)
`sseth@stubbsalderton. com
`Wesley W. Monroe (SBN 149211)
`wmonroe@stubbsalderton. com
`Stanley H. Thompson, Jr. (SBN 198825)
`sthompson@stubbsaldeft on. com
`Viviana Boero Hedrick (SBN 239359)
`vhedri ck@stubb s alderton. com
`STUBBS, ALDERTON & MARKILES, LLP
`15260 Ventura Blvd., 20th Floor
`Sherman Oaks, CA 91403
`Telephone: (818)444-4500
`Facsimile: (818) 444-4520
`
`Attorneys for Personal\üeb Technologieso LLC
`and Level3 Communications, LLC
`fAdditional Attorneys listed below]
`
`TINITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN JOSE DIVISION
`
`IN RE PERSONALWEB TECHNOLOGIES,
`LLC, ET AL., PATENT LITIGATION
`
`CASE NO.: 5:18-md-02834-BLF
`
`AMAZON.COM, INC., et al.,
`
`Plaintiffs,
`
`V
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`PERSONALWEB TECHNOLOGIES, LLC, Et
`&1.,
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`PERSONALWEB TECHNOLOGIES, LLC
`and LEVEL 3 COMMUNICATIONS, LLC,
`
`Counterclaimants,
`
`V.
`
`Case No.: 5: 18-cv-007 67 -BLF
`DECLARATION OF KEVIN
`BERMEISTER IN SUPPORT OF
`PERSONALWEB TECHNOLOGIES, LLC
`AND LEVEL 3 COMMUNICATIONS,
`LLC'S OPPOSITION TO AMAZON.COM,
`INC. AND AMAZON WEB SERVICES,
`INC.'S MOTION FOR SUMMARY
`JUDGMENT ON DECLARATORY
`JUDGMENT CLAIMS AND DEFENSES
`UNDER THE CLAIM PRECLUSION AND
`KESSLER DOCTRINE
`
`Date:
`Time:
`Dept.:
`Judge
`
`February 7,2019
`2:00 PM
`Courtroom 3, 5th Floor
`Hon. Beth L. Freeman
`
`AMAZON.COM, INC. and AMAZON WEB
`SERVICES, INC.,
`
`Trial Date: March 16,2020
`
`Counterdefendants.
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`DECLARATION OF KEVIN BERMEISTER
`ISO PWEB'S OPPOSITION TO AMAZON'S
`MSJ UNDER CP AND KESSLER DOCTRINE
`
`4417-92684420,V,
`
`'l
`
`CASE NO: 5: 18-md-02834-BLF'
`CASE NO: 5: 18-cv-00767-BLF
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`

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`Case 5:18-md-02834-BLF Document 335 Filed 01/09/19 Page 2 of 3
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`I, Kevin Bermeister, declare as follows:
`l.
`declaration. I reside in Sydney, Australia, and have personal knowledge of the matters set fofth
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`My name is Kevin Bermeister. I am over the age of l8 and competent to make this
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`below. If called as a witness I would and could competently testify thereto.
`2.
`("PersonalWeb") and was so during litigation of PersonalWeb Technologies LLC and Level 3
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`I am the Non-Executive Chairman of PersonalWeb Technologies, LLC
`
`Comntunications v. Amazon.cont, Inc, el al.,Case No. 6:11-cv-00658, in the Eastern District of
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`Texas ("the Texas Action"). In that capacity I had the authority to make decisions for PersonalWeb
`
`in connection with the Texas Action.
`3.
`2018), I provided some background on the transactions and business activities associated with and
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`In an earlier declaration I gave in this case (Docket number 37-1, dafed March 23,
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`relating to the "True-Names" patent family for how data could be more efficiently transmitted over
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`the Internet, as well as PersonalWeb's acquisition of the "True-Names" patent family in 201l.
`4.
`understood thatit only accused the Multipart Upload functionality of Amazon Web Service's Simple
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`In initiating the Texas Action in late 2011 and throughout its prosecution, I
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`Storage Service ("S3") system. I also had understood from publicly available materials that a
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`content-based value called an ETag could be used during the Multipart Upload process to verify that
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`a part did not get corrupted during the upload process and could be used to finalize the assembly of
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`the uploaded parts into an object for storage and retrieval on 53. I was not aware at the time of the
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`Texas Action that there were 33 website operator customers who were using ETags for an entirely
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`different purpose of controlling browser caches by directing browsers to use conditional HTTP GET
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`requests containing content-based ETags in order to instruct the browsers when they were authorized
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`to reuse previously cached content or when they must get newly authorized content in rendering the
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`website operator' s webpages.
`5.
`Texas Action PersonalWeb had accused Amazon of inf ingement through its Multipart Upload
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`The Texas Action ended with a stipulation of dismissal in June, 2014. During the
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`system. As the Texas Action progressed I learned that the economic activity associated with the
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`Multipart Upload meant that the potential damages that could be obtained for patent infringement
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`DECLARATION OF KEVIN BERMEISTER
`ISO PWEB'S OPPOSITION TO AMAZON'S
`MSJ UNDER CP AND KESSLER DOCTRINE
`
`CASE NO: 5: l8-md-02834-BLF
`CASE NO: 5: l8-cv-00767-BLF
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`

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`Case 5:18-md-02834-BLF Document 335 Filed 01/09/19 Page 3 of 3
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`did not warrant the expense of trial. I made the business decision to agree to dismiss the existing
`inf ingemelrt claims for Multipart Upload. In making that business decision in no way did I concede
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`that PersonalWeb was agreeing to or acknowledging (a) non-infringement of the Amazon Multipart
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`Upload feature or non-infringement of any other aspect of any other featul'e associated with 53, or
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`(b) invalidity of the subject patents.
`6.
`defendant with Amazon in the Texas Action, when I learned that Dropbox did not use Multipart
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`I also made the business decision to dismiss Dropbox, Inc., originally named as a co-
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`Upload.
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`I declare under penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct.
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`Executed on January 9,2019 in Sydney, Australia.
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`Bermeister
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`ISO P\ryEB'S OPPOSITION TO AMAZON'S
`MSJ UNDER CP AND KESSLER DOCTRINE
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`CASE NOI5IiT-õI-ÕO7O7.NÍF
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