Case 5:18-md-02834-BLF Document 466-2 Filed 07/24/19 Page 1 of 214
`Case 5:18—md-02834-BLF Document 466-2 Filed 07/24/19 Page 1 of 214
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`EXHIBIT 2
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`EXHIBIT 2
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`Case 5:18-md-02834-BLF Document 466-2 Filed 07/24/19 Page 2 of 214
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`J. DAVID HADDEN (CSB No. 176148)
`dhadden@fenwick.com
`SAINA S. SHAMILOV (CSB No. 215636)
`sshamilov@fenwick.com
`TODD R. GREGORIAN (CSB No. 236096)
`tgregorian@fenwick.com
`PHILLIP J. HAACK (CSB No. 262060)
`phaack@fenwick.com
`RAVI R. RANGANATH (CSB No. 272981)
`rranganath@fenwick.com
`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
`
`Counsel for AMAZON.COM, INC.
`and AMAZON WEB SERVICES, INC.
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
`IN RE: PERSONAL WEB TECHNOLOGIES,
`LLC ET AL., PATENT LITIGATION
`
` Case No. 5:18-md-02834-BLF
`
`AMAZON.COM, INC., and AMAZON WEB
`SERVICES, INC.,
`Plaintiffs,
`v.
`
`
`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`Defendants.
`
` Case No.: 5:18-cv-00767-BLF
`
`FIRST SET OF REQUESTS FOR
`PRODUCTION OF AMAZON.COM,
`INC. AND AMAZON WEB SERVICES,
`INC. TO PERSONALWEB
`TECHNOLOGIES, LLC
`
`
`
`
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`
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`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`Counterclaimants,
`
`v.
`
`AMAZON.COM, INC., and AMAZON WEB
`SERVICES, INC.,
`Counterdefendants.
`
`AMAZON’S FIRST SET OF RFP TO
`PERSONALWEB
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`CASE NO.: 5:18-md-02834-BLF
`CASE NO.: 5:18-cv-00767-BLF
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`Case 5:18-md-02834-BLF Document 466-2 Filed 07/24/19 Page 3 of 214
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`Pursuant to Federal Rules of Civil Procedure 26 and 34, Plaintiffs and Counterdefendants
`Amazon.com, Inc. and Amazon Web Services, Inc. (collectively “Amazon”) request that Personal-
`Web Technologies, LLC (“PersonalWeb”) provide a written response to the following requests and
`produce the documents and things described below for inspection and copying, in accordance with
`the following instructions and definitions, at the offices of Fenwick & West LLP, Silicon Valley
`Center, 801 California Street, Mountain View, CA, 94041, within thirty (30) days of service hereof.
`DEFINITIONS
`1.
`The terms “you” or “PersonalWeb” means PersonalWeb Technologies LLC, and its
`predecessors, parents, subsidiaries, divisions, officers, employees, agents, and attorneys, and each
`person acting or purporting to act on their behalf or under their control.
`2.
`The term “Amazon” means Amazon.com, Inc. and Amazon Web Services, Inc., in-
`cluding, without limitation, all predecessors, parents, subsidiaries, divisions, officers, employees,
`agents, and attorneys of Amazon.com, Inc. and Amazon Web Services, Inc., and each person acting
`or purporting to act on their behalf or under their control.
`3.
`The term “Level 3” means Level 3 Communications, Inc., and its predecessors, par-
`ents, subsidiaries, divisions, officers, employees, agents, and attorneys, and each person acting or
`purporting to act on their behalf or under their control.
`4.
`The term “’791 patent” means U.S. Patent No. 5,978,791.
`5.
`The term “’442 patent” means U.S. Patent No. 6,928,442.
`6.
`The term “’310 patent” means U.S. Patent No. 7,802,310.
`7.
`The term “’544 patent” means U.S. Patent No. 7,954,544.
`8.
`The term “’420 patent” means U.S. Patent No. 8,099,420.
`9.
`The term “patents-in-suit” means, collectively, the ’791 patent, the ’442 patent, the
`’310 patent, the ’544 patent, and the ’420 patent. Requests referring to “each of the patents-in-suit”
`(or “each asserted claim in the patents-in-suit”) require responsive documents for each of the ’791
`patent, the ’442 patent, the ’310 patent, the ’544 patent, and the ’420 patent.
`10.
` The term “related patents/applications” means any and all patents, patent applica-
`tions and/or patent publications concerning subject matter similar to the claimed subject matter of
`
` 1
`AMAZON’S FIRST SET OF RFP TO
`CASE NO.: 5:18-md-02834-BLF
`CASE NO.: 5:18-cv-00767-BLF
`PERSONALWEB
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`Case 5:18-md-02834-BLF Document 466-2 Filed 07/24/19 Page 4 of 214
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`the patents-in-suit; by way of example only, related patents/applications include any patent docu-
`ment that (i) claims priority from any of the patents-in-suit, (ii) is identified as priority for any of
`the patents-in-suit, or (iii) claims priority to any application to which any of the patents-in-suit
`claims priority.
`11.
`The term “asserted claim(s)” means any and all claims of the patents-in-suit that
`PersonalWeb contends Amazon infringes.
`12.
`The term “covered product” means any apparatus, product, device, process, method,
`act, or other instrumentality made, used, sold, offered for sale, or imported by PersonalWeb or any
`licensee of the patents-in-suit that you contend embodies the alleged inventions described in any
`asserted claim of any of the patents-in-suit.
`13.
`The term “prior art” means, as of the filing date of the patents-in-suit, any article,
`poster, abstract, chapter, display, slides, or other printed publication that discloses, or a use, sale,
`or offer for sale of a system or device disclosed or claimed in the patents-in-suit or that practices or
`could be used to practice, the alleged inventions or portions of the alleged inventions disclosed or
`claimed in the patents-in-suit or any other thing or activity which could be or could have been relied
`on by the United States Patent Office or a Court for an anticipation or obviousness determination
`of the patents-in-suit, including any and all patents, patent applications and/or publications prepared
`before the filing date of the patents-in-suit.
`14.
`The term “named inventor” means one or more of the inventors named on any of
`the patents-in-suit, including David A. Farber and Ronald D. Lachman.
`15.
`The term “source code” means computer code instructions, data structures, and data
`definitions expressed in a form suitable for input to an assembler, compiler, translator, or other data
`processing module, and associated comments and revision histories.
`16.
`The term “technical documents” means all technical documents, including without
`limitation user manuals and guides, installation manuals and guides, reference manuals and guides,
`data sheets, technical documentation, technical presentations, schematics, specifications, architec-
`ture descriptions, release notes, readme files, source code, executable code, engineering notebooks,
`workbooks, diagrams, blueprints, sketches, flow charts, design requirements, design reviews, bug
`2
`AMAZON’S FIRST SET OF RFP TO
`CASE NO.: 5:18-md-02834-BLF
`CASE NO.: 5:18-cv-00767-BLF
`PERSONALWEB
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`Case 5:18-md-02834-BLF Document 466-2 Filed 07/24/19 Page 5 of 214
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`reports, project plans and papers, test reports, throughput analysis, troubleshooting guides, and bills
`of materials.
`17.
`The term “document” has the broadest meaning accorded that term by Fed. R. Civ.
`P. 34(a) and includes, but is not limited to, all of the items defined in Fed. R. Evid. 1001, and all
`preliminary and final drafts of any such item.
`18.
`The term “all documents” means any and all documents that you can locate through
`a diligent search of all locations likely to contain documents requested herein and through reason-
`able inquiry of all persons likely to know of the existence of documents requested herein. A draft
`or non-identical copy is a separate document within the meaning of this term. Any comment or
`notation appearing on any document, and not a part of the original text, is to be considered a sepa-
`rate “document.”
`19.
`The term “communication” shall refer to all written, oral, telephonic or other inquir-
`ies, dialogues, discussions, conversations, interviews, correspondence, consultations, negotiations,
`agreements, understandings, meetings, letters, notes, telegrams, advertisements, press releases,
`computer mail, e-mail and all other documents evidencing any verbal or nonverbal interaction be-
`tween persons and/or entities.
`20.
`The term “person” is defined as any natural person or any legal entity, including,
`without limitation, any business or governmental entity or association.
`21.
`The terms “relate to,” “relates to,” “related to,” “relating to,” “referring to,” “per-
`taining to,” “pertain to,” and “regarding” mean constitute, include, comprise, consist of, refer, re-
`flect, discuss, show, state, explain, contradict, provide context to, evidence, concern or be in any
`way logically or factually connected with the matter discussed or identified.
`22.
`“Identify,” when used with respect to any natural person, means to state the person’s
`full name, present or last-known address, telephone number, position/occupation, and employer.
`23.
`“Identify,” when used with respect to any legal entity (such as a corporation, com-
`pany, or person other than a natural person), means to state the entity’s name, the place of incorpo-
`ration or organization, the principal place of business, and the nature of the business conducted by
`that legal entity.
`AMAZON’S FIRST SET OF RFP TO
`PERSONALWEB
`
`CASE NO.: 5:18-md-02834-BLF
`CASE NO.: 5:18-cv-00767-BLF
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`24.
`“Identify,” when used with respect to any document, means to state the document’s
`title and subject matter, form (e.g., letter, memorandum, email, etc.), document production number
`range, date, author(s), addressee(s), recipient(s), and name of its present custodian.
`25.
`The terms “or” and “and” shall be read in the conjunctive and in the disjunctive
`wherever they appear, and neither of these words shall be interpreted to limit the scope of these
`requests.
`26.
`The term “any” and “each” should be understood to include and encompass “all.”
`27.
`All pronouns shall be construed to refer to the masculine, feminine, or neutral gen-
`der, in singular or plural, as in each case makes the request more inclusive.
`28.
`The use of a verb in any tense shall be construed as including the use of the verb in
`all other tenses.
`29.
`The singular form of any word shall be deemed to include the plural. The plural
`form of any word shall be deemed to include the singular.
`INSTRUCTIONS
`1.
`In answering the following document requests, furnish all available information, in-
`cluding information in the possession, custody, or control of any of PersonalWeb’s attorneys, di-
`rectors, officers, agents, employees, representatives, associates, investigators or division affiliates,
`partnerships, parents or subsidiaries, and persons under PersonalWeb’s control.
`2.
`As required by Federal Rule of Civil Procedure Rule 34(b), documents must be pro-
`duced (a) in the manner in which they are kept in the ordinary course of business, or (b) organized
`and labeled to correspond with the requests set forth below.
`3.
`Electronic records and computerized information must be produced in an intelligible
`format or together with a description of the system from which they were derived sufficient to
`permit rendering the records and information intelligible.
`4.
`Selection of documents from files and other sources and numbering of such docu-
`ments shall be performed in such a manner as to ensure that the source and order of each document
`may be determined, if necessary.
`
`AMAZON’S FIRST SET OF RFP TO
`PERSONALWEB
`
`
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`4
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`CASE NO.: 5:18-md-02834-BLF
`CASE NO.: 5:18-cv-00767-BLF
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`5.
`File folders with tabs or labels or directories of files identifying documents must be
`produced intact with such documents.
`6.
`Documents attached to each other shall not be separated.
`7.
`In responding to these requests, PersonalWeb should produce hard-copy documents
`as they are kept in their original condition (e.g., documents that were stapled, clipped, or otherwise
`fastened together should be produced in that form).
`8.
`If any information requested is claimed to be privileged, immune from discovery or
`otherwise not discoverable, please provide all information falling within the scope of the request
`which is discoverable, and for each item of information contained in a document to which a claim
`of privilege is made, identify such document with sufficient particularity for purposes of a motion
`to compel, such identification to include at least the following:
`a.
`the basis on which the privilege is claimed;
`b.
`the names and positions of the author of the document and all other
`persons participating in the preparation of the document;
`c.
`the name and position of each individual or other person to whom
`the document, or a copy thereof, was sent or otherwise disclosed;
`d.
`the date of the document;
`e.
`the source of the document;
`f.
`the general subject matter of the document;
`g.
`a description of any accompanying material transmitted with or at-
`tached to such document;
`h.
`the number of pages in such document;
`i.
`the particular Request to which such document is responsive; and
`j.
`whether any business or non-legal matter is contained or discussed
`in such document.
`9.
`If your response to a particular document request is a statement that you lack the
`ability to comply with that request, you must specify whether the inability to comply is because the
`
`AMAZON’S FIRST SET OF RFP TO
`PERSONALWEB
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`particular document or category of information never existed, has been destroyed, cannot be cur-
`rently located, has been lost, misplaced, or stolen, or has never been, or is no longer, in your pos-
`session, custody, or control, in which case the name and address of any person or entity known or
`believed by you to have possession, custody, or control of that document or category of information
`must be identified.
`10.
`If you are aware of any document within the scope of these requests that is not being
`produced for any reason other than a stated objection, you should make a statement to that effect,
`identify the document, and state why the document is not being produced.
`11.
`If any document cannot be produced in full, PersonalWeb should produce the doc-
`ument to the extent possible and specify the reasons for being unable to produce the remainder.
`12.
`If you contend certain document requests require disclosure of trade secret or other
`confidential research, development, or commercial information, please mark them as such or as
`required by any protective order that may be entered in this action.
`13.
`PersonalWeb’s obligation to respond to these document requests is continuing and
`its responses are to be supplemented to include subsequently acquired information in accordance
`with the requirements of Rule 26(e) of the Federal Rules of Civil Procedure.
`REQUESTS FOR PRODUCTION
`REQUEST FOR PRODUCTION NO. 1:
`All documents related to the patents-in-suit.
`
`REQUEST FOR PRODUCTION NO. 2:
`All documents relating to the conception of any alleged invention described or claimed in
`the patents-in-suit.
`
`REQUEST FOR PRODUCTION NO. 3:
`All documents relating to the reduction to practice of any alleged invention described or
`claimed in the patents-in-suit.
`
`AMAZON’S FIRST SET OF RFP TO
`PERSONALWEB
`
`CASE NO.: 5:18-md-02834-BLF
`CASE NO.: 5:18-cv-00767-BLF
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`REQUEST FOR PRODUCTION NO. 4:
`All documents and things constituting or relating to any embodiment of any purported in-
`vention disclosed, described, or claimed in the patents-in-suit, regardless of whether such embodi-
`ment was commercialized, including without limitation notes, correspondence, memoranda, re-
`ports, samples, advertisements, literature, drawings, schematic designs and diagrams, and block
`diagrams.
`
`REQUEST FOR PRODUCTION NO. 5:
`All documents relating to how any covered product practices any alleged invention de-
`scribed or claimed in the patents-in-suit.
`
`REQUEST FOR PRODUCTION NO. 6:
`All patents, publications, or things provided to the U.S. Patent and Trademark Office during
`the prosecution of the patents-in-suit and any related patents or applications.
`
`REQUEST FOR PRODUCTION NO. 7:
`All documents supporting, refuting, or relating to your contention that Amazon infringes
`any of the patents-in-suit.
`
`REQUEST FOR PRODUCTION NO. 8:
`All documents supporting, refuting, or relating to your denial of the allegations in para-
`graphs 52, 54, 60, 62, 68, 70, 76, 78, 84, and 86 of Amazon’s First Amended Complaint for De-
`claratory Judgment (Dkt. No. 36) in the above-captioned action.
`
`REQUEST FOR PRODUCTION NO. 9:
`All documents constituting or relating to any sale, license, or other disposition of any al-
`leged invention claimed in the patents-in-suit.
`
`AMAZON’S FIRST SET OF RFP TO
`PERSONALWEB
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`CASE NO.: 5:18-md-02834-BLF
`CASE NO.: 5:18-cv-00767-BLF
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`REQUEST FOR PRODUCTION NO. 10:
`All documents constituting or relating to any disclosure of, use of, attempts to sell or license,
`offers to sell or license, sale, license, or other disposition of each covered product prior to the filing
`date of the application for the ’791 patent.
`
`REQUEST FOR PRODUCTION NO. 11:
`All documents that refer or relate to the first description in a printed document or publica-
`tion, or the first public use, sale, or offer for sale, of the subject matter described in the patents-in-
`suit or any related patents/applications.
`
`REQUEST FOR PRODUCTION NO. 12:
`All documents relating to ownership of the patents-in-suit, including without limitation all
`documents constituting or referring to any assignment or other transfer of ownership, all documents
`relating to any proposed or actual sale, license, or other assignment of any rights or interest in the
`patents-in-suit, and all documents relating to your purchase of the patents-in-suit and related nego-
`tiations.
`
`REQUEST FOR PRODUCTION NO. 13:
`All documents relating to any proposed or actual sale, license, or other assignment of any
`rights or interest in the patents-in-suit.
`
`REQUEST FOR PRODUCTION NO. 14:
`All documents relating to the acquisition and assignment of any right or interest in the pa-
`tents-in-suit, including without limitation documents sufficient to identify any person holding any
`such right or interest.
`
`REQUEST FOR PRODUCTION NO. 15:
`All documents relating to any comparison between any person’s product or service and the
`8
`AMAZON’S FIRST SET OF RFP TO
`CASE NO.: 5:18-md-02834-BLF
`CASE NO.: 5:18-cv-00767-BLF
`PERSONALWEB
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`claims or subject matter of the patents-in-suit.
`
`REQUEST FOR PRODUCTION NO. 16:
`All documents constituting or relating to any communication between PersonalWeb and
`any person concerning the scope or construction of the patents-in-suit.
`
`REQUEST FOR PRODUCTION NO. 17:
`All documents referring to the above-captioned litigation.
`
`REQUEST FOR PRODUCTION NO. 18:
`All documents supporting, refuting, or relating to your contention in paragraph 21 of the
`First Amended Counterclaim (Dkt. No. 71) in the above-captioned action that “PersonalWeb has
`successfully enforced its intellectual property rights against third party infringements, and the en-
`forcement of the Patents-In Suit is ongoing.”
`
`REQUEST FOR PRODUCTION NO. 19:
`All documents supporting, refuting, or relating to your contention in paragraph 21 of the
`First Amended Counterclaim (Dkt. No. 71) in the above-captioned action that PersonalWeb has
`obtained settlements and granted non-exclusive licenses to the patents-in-suit.
`
`REQUEST FOR PRODUCTION NO. 20:
`Copies of all settlement agreements between PersonalWeb and any person related to any of
`the patents-in-suit or related patents/applications.
`
`REQUEST FOR PRODUCTION NO. 21:
`All documents and communications related to any settlement agreement(s) between Per-
`sonalWeb and any person related to any of the patents-in-suit or related patents/applications.
`
`AMAZON’S FIRST SET OF RFP TO
`PERSONALWEB
`
`CASE NO.: 5:18-md-02834-BLF
`CASE NO.: 5:18-cv-00767-BLF
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`REQUEST FOR PRODUCTION NO. 22:
`Copies of any license agreement(s) relating to one or more of the patents-in-suit or related
`patents/applications, including any draft license agreements.
`
`REQUEST FOR PRODUCTION NO. 23:
`All documents and communications related to any license(s), offer(s) to license, release(s)
`of liability, or covenant(s) not to sue involving one or more of the patents-in-suit or related pa-
`tents/applications.
`
`REQUEST FOR PRODUCTION NO. 24:
`All documents related to any enforcement activities of PersonalWeb regarding the patents-
`in-suit or related patents/applications, including but not limited to any prior legal action filed by
`PersonalWeb asserting infringement of any of the patents-in-suit or related patents/applications.
`
`REQUEST FOR PRODUCTION NO. 25:
`Copies of all documents produced or received by PersonalWeb in any previous litigation,
`inter partes review proceeding, post grant review proceeding, or covered business method proceed-
`ing, in which PersonalWeb asserted infringement of any of the patents-in-suit or related patents/ap-
`plications, or in which the validity of any claim of any of the patents-in-suit or any related pa-
`tents/applications was challenged. This includes without limitation all discovery responses served
`by PersonalWeb or any other party who currently or formerly had an interest in any of the patents-
`in-suit.
`
`REQUEST FOR PRODUCTION NO. 26:
`All pleadings and other documents related to any litigation, inter partes review proceeding,
`post grant review proceeding, or covered business method proceeding in which validity of any
`claim of any of the patents-in-suit or any related patents/applications was challenged.
`
`AMAZON’S FIRST SET OF RFP TO
`PERSONALWEB
`
`CASE NO.: 5:18-md-02834-BLF
`CASE NO.: 5:18-cv-00767-BLF
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`Case 5:18-md-02834-BLF Document 466-2 Filed 07/24/19 Page 13 of 214
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`REQUEST FOR PRODUCTION NO. 27:
`Copies of all alleged prior art relied on by any party in challenging the validity of any claim
`of any of the patents-in-suit or any related patents/applications in any litigation, inter partes review
`proceeding, post grant review proceeding, or covered business method proceeding.
`
`REQUEST FOR PRODUCTION NO. 28:
`Copies of any finding, opinion, decision, or ruling by any judicial or administrative body
`relating to the validity, enforceability, or infringement of the patents-in-suit or any related patents
`or applications.
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`REQUEST FOR PRODUCTION NO. 29:
`Copies of all invalidity contentions served upon PersonalWeb or otherwise received by Per-
`sonalWeb relating to any claim of any of the patents-in-suit or any related patents/applications,
`including any alleged prior art served to, produced to, or otherwise received by PersonalWeb in
`conjunction with any such contentions.
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`REQUEST FOR PRODUCTION NO. 30:
`All documents relating to any alleged evidence of secondary considerations of non-obvi-
`ousness of any of the alleged inventions claimed in the patents-in-suit, including but not limited to,
`commercial success, long-felt need, attempts by others, failure of others, commercial acquiescence,
`licensing, professional approval, copying, or laudatory statements by others regarding the inven-
`tions claimed in the patents-in-suit.
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`REQUEST FOR PRODUCTION NO. 31:
`Copies of all infringement contentions served by PersonalWeb or otherwise provided to any
`person by PersonalWeb relating to the patents-in-suit or any related patents/applications.
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`REQUEST FOR PRODUCTION NO. 32:
`All communications relating to any attempt by PersonalWeb or any other person to enforce
`the patents-in-suit or related patents or applications, including but not limited to documents relating
`to instances in which PersonalWeb took the position that a person infringed the patents-in-suit.
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`REQUEST FOR PRODUCTION NO. 33:
`Copies of any communications asserting infringement of any of the patents-in-suit or related
`patents/applications, from PersonalWeb to any person against whom PersonalWeb filed suit in
`2018, including any documents accompanying such communications.
`
`REQUEST FOR PRODUCTION NO. 34:
`Copies of any communications offering a license to any of the patents-in-suit or related
`patents/applications, from PersonalWeb to any person against whom PersonalWeb filed suit in
`2018, including any documents accompanying such communications.
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`REQUEST FOR PRODUCTION NO. 35:
`All documents related to PersonalWeb’s pre-suit investigation(s) of allegedly infringing ac-
`tivities of any party against whom PersonalWeb filed suit in 2018 asserting infringement of any of
`the patents-in-suit, including but not limited to any research of the accused websites via archive.org.
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`REQUEST FOR PRODUCTION NO. 36:
`All documents related to PersonalWeb’s investigation(s) of allegedly infringing activities
`of any party against whom PersonalWeb filed suit in 2018 asserting infringement of any of the
`patents-in-suit, which took place after filing such suit, including but not limited to any research of
`the accused websites via archive.org.
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`REQUEST FOR PRODUCTION NO. 37:
`All documents related to PersonalWeb’s “realization” that it was “necessary” to amend its
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`complaints asserting infringement of the patents-in-suit filed in 2018. See Transcript of September
`20, 2018 Court Management Conference, 18-md-2834-BLF, at 15:14–16.
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`REQUEST FOR PRODUCTION NO. 38:
`All documents regarding PersonalWeb’s allegation that “the existing and future Personal-
`Web patent infringement actions present the same infringement issue: whether the accused web-
`sites that operate in the same manner, being based on the same Ruby on Rails architecture and using
`the same aspects of the internet protocol to communicate their authorizations and re-authorizations
`to control what web pages [sic] files a browser uses to render their webpages, infringe the patents-
`in-suit.” Memorandum in Support of Motion to Transfer and Consolidation, at 12, In re Personal-
`Web Technologies, LLC, et al., MDL No. 2834 (February 27, 2018) (Dkt. No. 1-1).
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`REQUEST FOR PRODUCTION NO. 39:
`All documents supporting, refuting, or relating to your contention that claim preclusion does
`not bar PersonalWeb’s claims against Amazon’s customers in the suits filed by PersonalWeb in
`2018 asserting infringement of the patents-in-suit or related patents, including but not limited to all
`documents supporting, refuting, or relating to your denial of the allegations in paragraphs 39 and
`40 of Amazon’s First Amended Complaint for Declaratory Judgment (Dkt. No. 36) in the above-
`captioned action.
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`REQUEST FOR PRODUCTION NO. 40:
`All documents supporting, refuting, or relating to your contention that the Kessler doctrine
`does not bar PersonalWeb’s claims against Amazon’s customers in the suits filed by PersonalWeb
`in 2018 asserting infringement of the patents-in-suit or related patents, including but not limited to
`all documents supporting, refuting, or relating to your denial of the allegations in paragraph 45 of
`Amazon’s First Amended Complaint for Declaratory Judgment (Dkt. No. 36) in the above-cap-
`tioned action.
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`REQUEST FOR PRODUCTION NO. 41:
`All documents constituting or relating to any agreement between you and the named inven-
`tors of the patents-in-suit, including, but not limited to, any employment agreement, consulting
`agreement, confidentiality agreement, assignment, license, or any agreement entered into in con-
`nection with this action or any other actual or potential legal action.
`
`REQUEST FOR PRODUCTION NO. 42:
`All documents authored, co-authored, edited, authorized, or otherwise prepared by or at the
`direction of any named inventor, whether or not publicly available, relating to the subject matter
`disclosed or claimed in the patents-in-suit.
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`REQUEST FOR PRODUCTION NO. 43:
`All documents relating to Amazon.
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`REQUEST FOR PRODUCTION NO. 44:
`All documents created by Amazon in your possession, custody, or control.
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`REQUEST FOR PRODUCTION NO. 45:
`All documents relating to your relationship with Level 3.
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`REQUEST FOR PRODUCTION NO. 46:
`All documents supporting, refuting, or relating to your contention that you have suffered
`damages as a result of any alleged infringement by Amazon of the patents-in-suit, including but not
`limited to any evidence of lost sales or lost profits.
`
`REQUEST FOR PRODUCTION NO. 47:
`All documents relating to any computation, calculation, or estimation of damages or rea-
`sonable royalties claimed in this action.
`AMAZON’S FIRST SET OF RFP TO
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`REQUEST FOR PRODUCTION NO. 48:
`All license agreements relating to one or more of the patents-in-suit, their related patents/ap-
`plications, other patents, or comparable technology, including draft license agreements.
`
`REQUEST FOR PRODUCTION NO. 49:
`All patent, technology, or intellectual property license agreements that you contend are rea-
`sonably comparable (in technological subject matter, license terms, or otherwise) to a license that
`would have resulted from a hypothetical negotiation between and among PersonalWeb, Level 3,
`and Amazon related to the patents-in-suit as of the time of the first alleged infringement by Ama-
`zon, and all documents relating to such agreements.
`
`REQUEST FOR PRODUCTION NO. 50:
`All documents and communications related to efforts to license the patents-in-suit, their
`related patents/applications, other patents, or comparable technology, including without limitation
`licensing proposals, offers, settlement offers, negotiations, notice letters, claim charts, draft and
`final licenses or agreements, exhibits, demand letters, and cease and desist letters.
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`REQUEST FOR PRODUCTION NO. 51:
`For each of the patents-in-suit, documents sufficient to show the licensing revenue associ-
`ated with each such patent.
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`REQUEST FOR PRODUCTION NO. 52:
`All documents relating to any valuation of the patents-in-suit, including but not limited to
`any valuation, analysis, study, or projection regarding the patents-in-suit.
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`REQUEST FOR PRODUCTION NO. 53:
`All documents and communications relating to any strategy to monetize the patents-in-suit.
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`Case 5:18-md-028