`
`
`
`
`
`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
`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
`
` Case No.: 5:18-cv-00767-BLF
`
`[PROPOSED] ORDER GRANTING
`MOTION OF AMAZON.COM, INC.
`AND AMAZON WEB SERVICES, INC.
`FOR SUMMARY JUDGMENT OF
`NONINFRINGEMENT
`
`
`
`
`
`AMAZON.COM, INC., and AMAZON WEB
`SERVICES, INC.,
`Plaintiffs,
`v.
`
`
`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`Defendants.
`
`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`Counterclaimants,
`
`v.
`
`AMAZON.COM, INC., and AMAZON WEB
`SERVICES, INC.,
`Counterdefendants.
`
`[PROPOSED] ORDER GRANTING AMAZON’S
`MOTION FOR SUMMARY JUDGMENT
`
`
`
`
`
`
`CASE NO.: 5:18-md-02834-BLF
`CASE NO.: 5:18-cv-00767-BLF
`
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`ATTORNEYS AT LAW
`
`FENWICK & WEST LLP
`
`
`
`Case 5:18-md-02834-BLF Document 541-1 Filed 10/04/19 Page 2 of 2
`
`
`
`[PROPOSED] ORDER
`Before the Court is the motion of defendants Amazon.com, Inc. and Amazon Web Services,
`Inc. (collectively, “Amazon”) for summary judgment of noninfringement. The Court heard argu-
`ment on the motion on November 15, 2019. Amazon and plaintiffs PersonalWeb Technologies,
`LLC and Level 3 Communications, LLC (collectively, “PersonalWeb”) were represented by coun-
`sel. After consideration of the motion, the supporting documents filed with the motion, the record
`herein, and the arguments of counsel, the Court concludes that with respect to those claims and
`defenses there is no genuine dispute as to any material fact, and Amazon is entitled to judgment as
`a matter of law. Amazon’s motion for summary judgment is therefore GRANTED, and the Court
`hereby ORDERS as follows:
`(1) Amazon does not infringe any claim of U.S. patent Nos. 5,978,791, 6,928,442, 7,802,310,
`7,945,544, and 8,099,420 (the “patents-in-suit”); and
`[PersonalWeb lacks standing to assert any claim of infringement based on use or operation
`of Amazon CloudFront, including any patent infringement claim against Amazon or an Am-
`azon customer in which CloudFront is alleged to meet any limitation of any claim of the
`patents-in-suit; and]
`(2) PersonalWeb’s First Amended Counterclaim, filed on October 4, 2018, is DISMISSED
`WITH PREJUDICE.
`Judgment shall be entered in favor of Amazon and against PersonalWeb in accordance with
`this order.
`IT IS SO ORDERED.
`
`
`Dated:
`
`
`
`
`Honorable Beth L. Freeman
`United States District Court Judge
`
`
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`[PROPOSED] ORDER GRANTING AMAZON’S
`MOTION FOR SUMMARY JUDGMENT
`
`
`
`
`
`1
`
`CASE NO.: 5:18-md-02834-BLF
`CASE NO.: 5:18-cv-00767-BLF
`
`
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