Case 5:18-md-02834-BLF Document 489-2 Filed 08/16/19 Page 1 of 17
`Case 5:18—md-02834-BLF Document 489-2 Filed 08/16/19 Page 1 of 17
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`EXHIBIT 2
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`EXHIBIT 2
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`Case 5:18-md-02834-BLF Document 489-2 Filed 08/16/19 Page 2 of 17
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`J. DAVID HADDEN (CSB No. 176148)
`dhadden@fenwick.com
`SAINA S. SHAMILOV (CSB No. 215636)
`sshamilov@fenwick.com
`MELANIE L. MAYER (admitted pro hac vice)
`mmayer@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
`
`SECOND SET OF REQUESTS FOR
`PRODUCTION OF AMAZON.COM,
`INC. AND AMAZON WEB SERVICES,
`INC. TO PERSONALWEB
`TECHNOLOGIES, LLC
`
`
`
`
`
`
`
`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`Counterclaimants,
`
`v.
`
`AMAZON.COM, INC., and AMAZON WEB
`SERVICES, INC.,
`Counterdefendants.
`
`AMAZON’S SECOND SET OF RFP TO
`PERSONALWEB
`
`
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`
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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 489-2 Filed 08/16/19 Page 3 of 17
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`Pursuant to Federal Rules of Civil Procedure 26 and 34, Amazon.com, Inc. and Amazon
`Web Services, Inc. (collectively “Amazon”) request that PersonalWeb Technologies, LLC (“Per-
`sonalWeb”) 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, 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.
`4.
`The term “Kinetech License” means, collectively, the September 1, 2000 and De-
`cember 14, 2000 license agreements entered into by and between Kinetech Inc. and Digital Island,
`Inc.
`
`5.
`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.
`6.
`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
`
`AMAZON’S SECOND SET OF RFP TO
`PERSONALWEB
`
`
`
`
`
` 1
`
`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 489-2 Filed 08/16/19 Page 4 of 17
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`notation appearing on any document, and not a part of the original text, is to be considered a sepa-
`rate “document.”
`7.
`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.
`8.
`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.
`9.
`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.
`10.
`The term “any” and “each” should be understood to include and encompass “all.”
`11.
`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.
`12.
`The use of a verb in any tense shall be construed as including the use of the verb in
`all other tenses.
`13.
`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.
`
`AMAZON’S SECOND SET OF RFP TO
`PERSONALWEB
`
`
`
`2
`
`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 489-2 Filed 08/16/19 Page 5 of 17
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`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.
`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;
`3
`AMAZON’S SECOND 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 489-2 Filed 08/16/19 Page 6 of 17
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`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
`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. 94:
`All documents related to the Kinetech License, including documents relating to and com-
`munications with Level 3 regarding the scope of PersonalWeb’s and Level 3’s fields of use under
`4
`AMAZON’S SECOND 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 489-2 Filed 08/16/19 Page 7 of 17
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`the Kinetech License.
`REQUEST FOR PRODUCTION NO. 95:
`All documents constituting or relating to any communication between PersonalWeb and
`Level 3.
`
`
`Dated: April 25, 2019
`
`FENWICK & WEST LLP
`
`Respectfully submitted,
`
`By: /s/ Melanie L. Mayer
`Melanie L. Mayer
`
`Counsel for
`AMAZON. COM, INC. and
`AMAZON WEB SERVICES, INC.
`
`
`
`AMAZON’S SECOND SET OF RFP TO
`PERSONALWEB
`
`
`
`5
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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 489-2 Filed 08/16/19 Page 8 of 17
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`CERTIFICATE OF SERVICE
`
` I
`
` hereby certify that on this 25th day of April, 2019, a true and correct copy of the foregoing
`document was served on each party through their counsel of record via email.
`
`Michael A. Sherman
`masherman@stubbsalderton.com
`Jeffrey F. Gersh
`jgersh@stubbsalderton.com
`Sandeep Seth
`sseth@stubbsalderton.com
`Wesley W. Monroe
`wmonroe@stubbsalderton.com
`Stanley H. Thompson
`sthompson@stubbsalderton.com
`Viviana Boero Hedrick
`vhedrick@stubbsalderton.com
`STUBBS ALDERTON & MARKILES, LLP
`15620 Ventura Blvd., 20th Floor
`Sherman Oaks, CA 91403
`
`Counsel for PersonalWeb Technologies, LLC
`
`
`
`Theodore S. Maceiko
`ted@maceikoip.com
`MACEIKO IP
`420 2nd Street
`Manhattan Beach, CA 90266
`
`Counsel for PersonalWeb Technologies, LLC
`
`David Wier
`david.wier@level3.com
`Level 3 Communications, LLC
`1025 Eldorado Boulevard
`Broomfield, CO 80021
`
`Counsel for Level 3 Communications, LLC
`
`/s/ Melanie L. Mayer
`Melanie L. Mayer
`
`
`
`
`
`
`
`
`
`AMAZON’S SECOND 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 489-2 Filed 08/16/19 Page 9 of 17
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`MICHAEL A. SHERMAN (SBN 94783)
`masherman@stubbsalderton.com
`JEFFREY F. GERSH (SBN 87124)
`jgersh@stubbsalderton.com
`SANDEEP SETH (SBN 195914)
`sseth@stubbsalderton.com
`WESLEY W. MONROE (SBN 149211)
`wmonroe@stubbsalderton.com
`STANLEY H. THOMPSON, JR. (SBN 198825)
`sthompson@stubbsalderton.com
`VIVIANA BOERO HEDRICK (SBN 239359)
`vhedrick@stubbsalderton.com
`STUBBS, ALDERTON & MARKILES, LLP
`15260 Ventura Blvd., 20th Floor
`Sherman Oaks, CA 91403
`Telephone:
`(818) 444-4500
`Facsimile:
`(818) 444-4520
`
`Attorneys for PersonalWeb Technologies, LLC
`[Additional Attorneys listed below]
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`CASE NO.: 5:18-md-02834-BLF
`IN RE PERSONALWEB TECHNOLOGIES,
`LLC, ET AL., PATENT LITIGATION
`
`
`Case No.: 5:18-cv-00767-BLF
`PERSONALWEB TECHNOLOGIES,
`LLC’S RESPONSES AND OBJECTIONS
`TO AMAZON.COM, INC. AND AMAZON
`WEB SERVICES, INC.’S SECOND SET
`OF REQUESTS FOR PRODUCTION
`
`
`
`Trial Date: March 16, 2020
`
`AMAZON.COM, INC., et al.,
`
` Plaintiffs,
`v.
`PERSONALWEB TECHNOLOGIES, LLC, et
`al.,
`
`
` Defendants.
`
`PERSONALWEB TECHNOLOGIES, LLC
`and LEVEL 3 COMMUNICATIONS, LLC,
`
`Counterclaimants,
`v.
`AMAZON.COM, INC. and AMAZON WEB
`SERVICES, INC.,
`
`Counterdefendants.
`
`
`
`
`
`
`PERSONALWEB RESPONSES TO AMAZON’S CASE NO. 5:18-MD-02834-BLF
`SECOND SET OF REQUESTS FOR PRODUCTION
`
`CASE NO. 5:18-CV-00767-BLF
`
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`4849-7677-4294, V. 1
`
`

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`Case 5:18-md-02834-BLF Document 489-2 Filed 08/16/19 Page 10 of 17
`
`Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, PersonalWeb
`Technologies, LLC (“PersonalWeb”), by and through counsel, hereby objects and responds to the
`Second Set of Requests for Production of Amazon.com, Inc. and Amazon Web Services, Inc.
`(collectively “Amazon”) as follows:
`GENERAL OBJECTIONS
`The following general objections are stated with respect to each and every Request for
`Production whether or not specifically identified in response thereto. To the extent any of these
`general objections are not raised in any particular response, PersonalWeb does not waive those
`objections.
`PersonalWeb objects to each and every definition and request as overly broad, unduly
`1.
`burdensome, and not proportional to the needs of the case because they are not limited to a specific
`geographic area. PersonalWeb will only provide discovery with respect to the United States.
`PersonalWeb objects to the definitions of “you” and “PersonalWeb” because it seeks
`2.
`to broaden the scope of allowable discovery and seeks information that is not within the possession,
`custody, or control of PersonalWeb, but is in the possession of third-parties and non-parties to this
`lawsuit. PersonalWeb further objects to the definition of these terms to the extent it includes
`PersonalWeb’s attorneys and patent agents and seeks privileged and attorney-work product
`information. PersonalWeb will interpret these terms as referring to PersonalWeb Technologies,
`LLC, only.
`PersonalWeb objects to the definition of “Level 3” because it seeks to broaden the
`3.
`scope of allowable discovery and seeks information that is not within the possession, custody, or
`control of PersonalWeb, but is in the possession of third-parties and non-parties to this lawsuit.
`PersonalWeb further objects to the definition of these terms to the extent it includes Level 3’s
`attorneys and patent agents and seeks privileged and attorney-work product information.
`PersonalWeb will interpret this term as referring to Level 3 Communications, Inc., only.
`PersonalWeb objects to the definition of “document” and the definition of “all
`4.
`documents” as overly broad and unduly burdensome, vague and ambiguous, not proportional to the
`
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`PERSONALWEB RESPONSES TO AMAZON’S CASE NO. 5:18-MD-02834-BLF
`SECOND SET OF REQUESTS FOR PRODUCTION
`
`CASE NO. 5:18-CV-00767-BLF
`
`4849-7677-4294, V. 1
`
`

`

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`needs of this case, and failing to describe the information sought with reasonable particularity.
`PersonalWeb will not search for documents that are not within its possession, custody, or control.
`PersonalWeb objects to the definition of “Communication” as overly broad and
`5.
`unduly burdensome, vague and ambiguous, not proportional to the needs of this case, and failing to
`describe the information sought with reasonable particularity.
`PersonalWeb objects to the definition of “Kinetech License” as overly broad and
`6.
`unduly burdensome, vague and ambiguous, not proportional to the needs of this case, and failing to
`describe the information sought with reasonable particularity. PersonalWeb will interpret this term to
`refer to the agreement entered into between Kinetech Inc. and Digital Island, Inc. on or about
`September 1, 2000.
`PersonalWeb objects to the terms “relate to”, “relates to”, “related to”, “relating to”,
`7.
`“referring to”, “pertaining to”, “pertain to”, and “regarding” as overly broad and unduly
`burdensome, vague and ambiguous, not proportional to the needs of this case, and failing to describe
`the information sought with reasonable particularity. See Sonnino v. Univ. of Kansas Hosp. Auth.,
`2004 WL 764085, *5 (D. Kan. Apr. 8, 2004) (“This court has recognized on many occasions that the
`use of such omnibus terms as ‘relating to’ or ‘regarding’ can render a discovery request overly broad
`on its face.”) The use of such terms and phrases in this litigation with Amazon knowing or having
`awareness of multiple enforcement actions spanning a decade or longer without further specification
`or clarification supports said objection. Unless specifically stated in a response to a specific request
`for production of documents, PersonalWeb does not assume the obligation to search litigation
`records in other litigations.
`PersonalWeb objects to these requests, definitions and instructions to the extent that
`8.
`they seek to impose duties beyond those required by the Federal Rules of Civil Procedure and the
`Local Rules of this district. PersonalWeb’s responses shall be made only in accordance with the
`applicable rule(s).
`PersonalWeb objects to these requests to the extent that they seek information and
`9.
`documents equally available to Amazon, available in the public domain, already in the possession,
`custody, or control of Amazon, or not within the custody or control of PersonalWeb.
`
`
`2
`
`PERSONALWEB RESPONSES TO AMAZON’S CASE NO. 5:18-MD-02834-BLF
`SECOND SET OF REQUESTS FOR PRODUCTION
`
`CASE NO. 5:18-CV-00767-BLF
`
`4849-7677-4294, V. 1
`
`

`

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`PersonalWeb objects to these requests to the extent that they seek information that is
`10.
`in the possession, custody, or control of parties over whom PersonalWeb has no control.
`PersonalWeb objects to these requests to the extent they require PersonalWeb to
`11.
`disclose information that PersonalWeb is required to maintain in confidence pursuant to an
`agreement, order, or understanding with any third party. PersonalWeb will not disclose such
`information except pursuant to an appropriate release from any such third party or an appropriate
`court order.
`PersonalWeb objects to each and every instruction, definition, and request to the
`12.
`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 any applicable law. PersonalWeb does not intend to disclose such privileged or
`protected information. PersonalWeb’s inadvertent disclosure of any such information should not be
`deemed a waiver of any privilege, immunity, or protection, and PersonalWeb expressly reserves the
`right to object to the introduction at trial or to any other use of such information that may be
`inadvertently disclosed. PersonalWeb objects to discovery of attorney-client privileged
`communications after the filing of this lawsuit and all lawsuits that are part of this multidistrict
`litigation, Case No. 5:18-md-02834, and to the discovery of work-product materials generated after
`the filing of this lawsuit and all lawsuits that are part of this multidistrict litigation, Case No. 5:18-
`md-02834. Per the parties’ Joint Preliminary Pretrial Conference Statement, PersonalWeb will not
`identify these privileged or protected materials in a privilege log.
`PersonalWeb objects that it has already produced documents in this case, some of
`13.
`which are responsive to these requests. PersonalWeb will not produce documents which have
`already been produced. PersonalWeb will produce responsive, non-privileged documents to the
`extent they have not already been produced.
`The responses given herein shall not be deemed to waive any claim of privilege or
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`immunity PersonalWeb 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
`PersonalWeb may have as to a demand for further response to these or other requests, or to any
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`PERSONALWEB RESPONSES TO AMAZON’S CASE NO. 5:18-MD-02834-BLF
`SECOND SET OF REQUESTS FOR PRODUCTION
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`CASE NO. 5:18-CV-00767-BLF
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`4849-7677-4294, V. 1
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`

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`Case 5:18-md-02834-BLF Document 489-2 Filed 08/16/19 Page 13 of 17
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`objection to the use of such information, documents, or things in any other proceeding filed after the
`production of such information or documents.
`Nothing contained herein may be construed as an admission relative to the existence
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`or non-existence of any document, and no response may be construed as an admission with respect
`to the relevancy or admissibility in evidence of any statement or characterization contained in these
`requests or respecting the authenticity, competency, relevancy, materiality, or admissibility of any
`document or thing referenced by these requests.
`Investigation and discovery in this matter is ongoing and PersonalWeb reserves the
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`right to revise or supplement any response herein.
`These General Objections are applicable to and are incorporated in each specific
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`response herein without further reference. The inclusion of specific objection(s) in response to any
`Requests for Production shall not be construed as a waiver of such objection(s), or any of these
`objections, in any other response.
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`RESPONSES AND OBJECTIONS
`Subject to the foregoing General Objections, which are incorporated by reference as if set forth
`fully in each and every response, PersonalWeb also specifically responds and objects to the requests
`for production as follows:
`REQUEST FOR PRODUCTION NO. 94:
`All documents related to the Kinetech License, including documents relating to and
`communications with Level 3 regarding the scope of PersonalWeb’s and Level 3’s fields of use under
`the Kinetech License.
`RESPONSE TO REQUEST FOR PRODUCTION NO. 94:
`PersonalWeb incorporates by reference its General Objections as if fully set forth herein. To
`the extent this request 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, PersonalWeb objects to it and will not provide any such
`information in response. If any information responsive to this request is subject to any
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`PERSONALWEB RESPONSES TO AMAZON’S CASE NO. 5:18-MD-02834-BLF
`SECOND SET OF REQUESTS FOR PRODUCTION
`
`CASE NO. 5:18-CV-00767-BLF
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`4849-7677-4294, V. 1
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`

`

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`Case 5:18-md-02834-BLF Document 489-2 Filed 08/16/19 Page 14 of 17
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`confidentiality obligations owed by PersonalWeb to any third party, PersonalWeb 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. PersonalWeb objects to this request to the extent
`it is not relevant to any claim or defense in this action or proportional to the needs of the case.
`PersonalWeb objects to this request to the extent it calls for documents outside of
`PersonalWeb’s custody and control and to the extent it calls for the production of documents from
`any party other than PersonalWeb. PersonalWeb objects to this request as unduly burdensome to the
`extent it seeks information that is already known to Amazon and to the extent it seeks information
`that is equally available to Amazon. PersonalWeb objects to the phrases and terms “relating to” as
`overly broad and unduly burdensome, vague and ambiguous, not proportional to the needs of this
`case as it is not limited to any time period and failing to describe the information sought with
`reasonable particularity. See Sonnino v. Univ. of Kansas Hosp. Auth., 2004 WL 764085, *5 (D. Kan.
`Apr. 8, 2004). PersonalWeb objects to this request as overly broad and unduly burdensome, vague
`and ambiguous, not proportional to the needs of this case.
`Subject to and without waiving any of the objections above or the General Objections,
`PersonalWeb responds as follows:
`PersonalWeb has produced a copy of the requested agreement.
`REQUEST FOR PRODUCTION NO. 95:
`All documents constituting or relating to any communication between PersonalWeb and Level
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`3.
`RESPONSE TO REQUEST FOR PRODUCTION NO. 95:
`PersonalWeb incorporates by reference its General Objections as if fully set forth herein. To
`the extent this request 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, PersonalWeb objects to it and will not provide any such information
`in response. If any information responsive to this request is subject to any confidentiality obligations
`owed by PersonalWeb to any third party, PersonalWeb will provide such information only after it
`complies with those obligations, and, if necessary, only after it obtains the required permission to do
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`5
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`PERSONALWEB RESPONSES TO AMAZON’S CASE NO. 5:18-MD-02834-BLF
`SECOND SET OF REQUESTS FOR PRODUCTION
`
`CASE NO. 5:18-CV-00767-BLF
`
`4849-7677-4294, V. 1
`
`

`

`
`
`Case 5:18-md-02834-BLF Document 489-2 Filed 08/16/19 Page 15 of 17
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`so from the third party. PersonalWeb objects to this request to the extent it is not relevant to any claim
`or defense in this action or proportional to the needs of the case. PersonalWeb objects to this request
`to the extent it seeks information protected from disclosure by the attorney work product doctrine.
`PersonalWeb objects to this request to the extent it calls for documents outside of
`PersonalWeb’s custody and control and to the extent it calls for the production of documents from any
`party other than PersonalWeb. PersonalWeb objects to this request as unduly burdensome to the extent
`it seeks information that is already known to Amazon and to the extent it seeks information that is
`equally available to Amazon. PersonalWeb objects to this request as vague and ambiguous, not
`relevant to any claim or defense in this action and not proportional to the needs of the case.
`PersonalWeb objects to the phrase “relating to” as overly broad and unduly burdensome, vague and
`ambiguous, not proportional to the needs of this case, and failing to describe the information sought
`with reasonable particularity. See Sonnino v. Univ. of Kansas Hosp. Auth., 2004 WL 764085, *5 (D.
`Kan. Apr. 8, 2004).
`PersonalWeb objects to this request as overly broad and unduly burdensome, vague and
`ambiguous, not relevant to any claim or defense in this action and not proportional to the needs of the
`case.
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`Respectfully submitted,
`Dated: May 28, 2019
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`STUBBS ALDERTON & MARKILES, LLP
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`By: /s/ Wesley A. Monroe
`Michael A. Sherman
`Jeffrey F. Gersh
`Sandeep Seth
`Wesley W. Monroe
`Viviana Boero Hedrick
`Stanley H. Thompson, Jr.
`
`Attorneys for Plaintiff PERSONALWEB
`TECHNOLOGIES, LLC
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`PERSONALWEB RESPONSES TO AMAZON’S CASE NO. 5:18-MD-02834-BLF
`SECOND SET OF REQUESTS FOR PRODUCTION
`
`CASE NO. 5:18-CV-00767-BLF
`
`4849-7677-4294, V. 1
`
`

`

`Case 5:18-md-02834-BLF Document 489-2 Filed 08/16/19 Page 16 of 17
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`MACEIKO IP
`
`Theodore S. Maceiko (SBN 150211)
`ted@maceikoip.com
`MACEIKO IP
`420 2nd Street
`Manhattan Beach, CA 90266
`Telephone: (310) 545-3311
`Facsimile: (310) 545-3344
`
`Attorney for Plaintiff
`PERSONALWEB TECHNOLOGIES, LLC
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`PERSONALWEB RESPONSES TO AMAZON’S CASE NO. 5:18-MD-02834-BLF
`SECOND SET OF REQUESTS FOR PRODUCTION
`
`CASE NO. 5:18-CV-00767-BLF
`
`4849-7677-4294, V. 1
`
`

`

`
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`Case 5:18-md-02834-BLF Document 489-2 Filed 08/16/19 Page 17 of 17
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`J. David Hadden
`dhadden@fenwick.com
`Saina S. Shamilov
`sshamilov@fenwick.com
`Melanie L. Mayer
`mmayer@fenwick.com
`Phillip J. Haack
`phaack@fenwick.com
`Ravi R. Ranganath
`rranganath@fenwick.com
`Chieh Tung
`ctung@fenwick.com
`Todd R. Gregorian
`tgregorian@fenwick.com
`FENWICK & WEST LLP
`Silicon Valley Center
`801 California Street
`Mountain View, CA 94041
`
`Attorneys for Amazon.com, Inc. and Amazon
`Web Services, Inc.
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`
`/s/ Viviana Boero Hedrick
`VIVIANA BOERO HEDRICK
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`CERTIFICATE OF SERVICE
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` I
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` hereby certify that on this 28th day of May 2019, a true and correct copy of the foregoing
`document, PersonalWeb’s Responses to Amazon.com, Inc. and Amazon Web Services, Inc.’s Second
`Set of Requests for Production, was served on each party through their counsel of record via email.
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`PERSONALWEB RESPONSES TO AMAZON’S