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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
`
`
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
`CASE NO.: 5:18-md-02834-BLF
`IN RE PERSONAL WEB TECHNOLOGIES,
`LLC, ET., AL., PATENT LITIGATION
`
`Case No.: 5:18-cv-00767-BLF
`[PROPOSED] ORDER OF FINAL
`JUDGMENT OF NON-INFRINGEMENT
`
`AMAZON.COM, INC., et al.,
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` Plaintiffs,
`v.
`PERSONALWEB TECHNOLOGIES, LLC, et
`al.,
` Defendants.
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`PERSONALWEB TECHNOLOGIES, LLC
`and LEVEL 3 COMMUNICATIONS, LLC,
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`Counterclaimants,
`v.
`AMAZON.COM, INC. and AMAZON WEB
`SERVICES, INC.,
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`Counterdefendants.
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`[PROPOSED] ORDER OF FINAL
`JUDGMENT OF NON-INFRINGEMENT
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`CASE NO: 5:18-md-02834-BLF
`CASE NO: 5:18-cv-00767-BLF
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`PERSONALWEB TECHNOLOGIES, LLC
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`and LEVEL 3 COMMUNICATIONS, LLC,
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`Plaintiffs
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`v.
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`TWITCH INTERACTIVE, INC., a Delaware
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`corporation,
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`Defendant.
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`Case 5:18-md-02834-BLF Document 538-6 Filed 10/02/19 Page 2 of 3
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`[PROPOSED] ORDER OF FINAL
`JUDGMENT OF NON-INFRINGEMENT
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`2
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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 538-6 Filed 10/02/19 Page 3 of 3
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`Honorable Beth Labson Freeman
`United States District Judge
`
`
`
`
`
`[PROPOSED] ORDER
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`Having considered the motion by PersonalWeb Technologies, LLC (“PersonalWeb”), the
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`further briefing by the parties, and oral arguments of counsel, IT IS HEREBY ORDERED THAT
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`PersonalWeb’s motion for final judgment of non-infringement is hereby GRANTED, and the Court
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`hereby ORDERS as follows:
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`Final Judgment of non-infringement is GRANTED in favor of Amazon.com Inc. and
`1.
`
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`Amazon Web Services Inc. (collectively “Amazon”) on Amazon’s claims for declaratory judgment
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`of non-infringement of the ‘442 patent, ‘310 patent, ‘544 patent, and ‘420 patent and PersonalWeb’s
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`counterclaims of patent infringement of the ‘442 patent, ‘310 patent, and ‘420 patent.
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`2.
`Final Judgment is GRANTED in favor of Amazon regarding PersonalWeb’s claims
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`against Amazon’s customers for infringement of the ‘442, ‘310, ‘544, and ‘420 patents based solely
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`on their use of Amazon S3 as barred by claim preclusion and the Kessler doctrine.
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`3.
`The Court DISMISSES WITHOUT PREJUDICE all of Amazon’s remaining claims
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`for declaratory judgment and all of its remaining defenses to PersonalWeb’s counterclaims for
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`infringement, noting, however, that Amazon may reassert its defenses and counterclaims in this
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`action if the Court of Appeals or the Supreme Court reverses, modifies, or vacates the Final
`Judgment.
`PersonalWeb retains all of its rights of appeal of this Order and any judgment entered
`4.
`in accordance herewith.
`IT IS SO ORDERED.
`
`DATED:
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`[PROPOSED] ORDER OF FINAL
`JUDGMENT OF NON-INFRINGEMENT
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`CASE NO: 5:18-md-02834-BLF
`CASE NO: 5:18-cv-00767-BLF
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