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`Case 5:18-md-02834-BLF Document 550-1 Filed 10/25/19 Page 1 of 4
`
`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
`
`AMAZON.COM, INC. and AMAZON WEB
`SERVICES, INC.,
`
` Plaintiffs,
`v.
`
`Case No.: 5:18-cv-00767-BLF
`DECLARATION OF MICHAEL A.
`SHERMAN IN SUPPORT OF
`PERSONALWEB TECHNOLOGIES,
`LLC’S NON-OPPOSITION TO
`DEFENDANTS AMAZON.COM, INC.
`AND AMAZON WEB SERVICES, INC.’S
`MOTION FOR SUMMARY JUDGMENT
`OF NON-INFRINGEMENT AND
`OPPOSITION TO MOTION RE
`STANDING
`Date: November 15, 2019
`Time: 9:00 a.m.
`Dept.: Courtroom 3, 5th Floor
`Judge: Hon. Beth Labson Freeman
`
`
`
`Trial Date:
`
`March 16, 2020
`
`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.
`
`
`
`DECLARATION OF MICHAEL A. SHERMAN
`ISO OF PWEB’S NON-OPPOSITION TO AMAZON’S
`MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT
`AND OPPOSITION TO MOTION RE STANDING
`
`
`
`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 550-1 Filed 10/25/19 Page 2 of 4
`
`DECLARATION OF MICHAEL A. SHERMAN
`I, Michael A. Sherman, declare as follows:
`I am a member of the bar of the State of California and am admitted to practice before
`1.
`the United States District Court for the Northern District of California. I am a partner at Stubbs
`Alderton & Markiles, LLP and am counsel for Plaintiffs PersonalWeb Technologies, LLC
`(“PersonalWeb”). The facts herein are, unless otherwise stated, based upon personal knowledge,
`and if called upon to do so, I could, and would testify to their truth under oath. I submit this
`declaration in support of PersonalWeb’s Non-Opposition to Amazon’s Motion for Summary
`Judgment of Non-Infringement and Opposition to Motion Re Standing.
`Following the issuance of the Court’s Order on Claim Construction on August 16,
`2.
`2019, it had become apparent to me and my team that regardless of what “unlicensed” might mean
`or be construed as, that PersonalWeb’s claims against Amazon could only continue to be
`maintained if “unauthorized or unlicensed” and “authorization” were to be construed along the lines
`that PersonalWeb had unsuccessfully argued in the District Court. Hence, as I had conveyed to
`Amazon’s counsel, PersonalWeb believed that appellate review (and reversal) would be necessary
`as a predicate for PersonalWeb to continue its claims of infringement against CloudFront.
`The facts and conclusions I had arrived at in the above paragraph, coupled with
`3.
`Amazon’s insistence that PersonalWeb dismiss its claims against Amazon, resulted in my having
`written to Mr. Hadden on August 19, 2019 and having told him PersonalWeb “proposes stipulating
`to judgment of non-infringement on its counterclaims in case no. 5:18-cv-00767-BLF (“Case”) as
`respects all claims for patent infringement asserted against AWS’ ‘CloudFront’ product…while
`preserving all rights to appeal.” Attached hereto as Exhibit 1 is a true and correct copy of my
`August 19, 2019 letter to Mr. Hadden.
`For all those above reasons I made the decision to recommend that PersonalWeb’s
`4.
`technical expert Mr. de la Iglesia not finalize and submit his technical report demonstrating the
`CloudFront infringement read, which Mr. de la Iglesia was preparing to submit on August 23, 2019.
`
`
`
`DECLARATION OF MICHAEL A. SHERMAN
`ISO OF PWEB’S NON-OPPOSITION TO AMAZON’S
`MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT
`AND OPPOSITION TO MOTION RE STANDING
`
`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 550-1 Filed 10/25/19 Page 3 of 4
`
`Following a call I had with Mr. Hadden early in the week on August 19, I had
`5.
`expected that Amazon would enter a proposed dismissal stipulation. However, in late September
`2019, Amazon informed us that it would decline to enter any stipulated dismissal and that it would
`proceed with filing a summary judgment motion of non-infringement. Having reviewed the
`Amazon summary judgement motion, in particular the three non-Claim Construction Order
`arguments advanced, and my team having extensively discussed those issues with Mr. de la Iglesia
`both prior to and following the serving of the Amazon summary judgment motion, I proffer the
`unsigned declaration of Mr. de la Iglesia attached as Exhibit 2, which I am informed that Mr. de la
`Iglesia is prepared to sign if permitted by the Court. The proffered declaration details three points:
`a. How CloudFront uses MD5 ETags that were generated by applying the MD5 hash
`algorithm to the content and only the content of a webpage file to determine whether
`or not to send a message that permits browsers to keep using cached version of that
`webpage file after the original permitted time to use that cached version has expired;
`b. How CloudFront uses MD5 ETags to determine whether a file at a browser is a copy
`of the current version of a webpage file in making the decision of (a); and
`c. How CloudFront compares an MD5 ETag sent in a conditional GET request from a
`browser to see if its matches one of plurality of ETags that it has stored in making the
`determinations of (a) and (b).
`I am mindful of the Court’s case management order establishing August 23, 2019 as
`6.
`the last day to serve a technical expert’s report and equally mindful of the fact that for the reasons
`set forth above no such report was provided as regards to Amazon CloudFront. Accordingly,
`PersonalWeb will not be submitting a declaration/report of Mr. de la Iglesia with regard to
`CloudFront unless permitted by the Court—which I believe the Court should permit. Therefore, if
`the Court is inclined to enter any order that grants Amazon’s summary judgment motion based
`upon any merits and not solely based upon PersonalWeb’s stated non-opposition to the relief
`requested, PersonalWeb requests that the Court permit PersonalWeb to file a signed version of
`proffered Exhibit 2 pursuant to FRCP 56 (d).
`
`
`
`
`
`DECLARATION OF MICHAEL A. SHERMAN
`ISO OF PWEB’S NON-OPPOSITION TO AMAZON’S
`MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT
`AND OPPOSITION TO MOTION RE STANDING
`
`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 550-1 Filed 10/25/19 Page 4 of 4
`
`I declare under penalty of perjury under the laws of the United States of America that the foregoing
`is true and correct.
`
`Executed on October 25, 2019 in Sherman Oaks, California.
`
`By: /s/ Michael A. Sherman
`Michael A. Sherman
`
`
`
`
`
`
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`DECLARATION OF MICHAEL A. SHERMAN
`ISO OF PWEB’S NON-OPPOSITION TO AMAZON’S
`MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT
`AND OPPOSITION TO MOTION RE STANDING
`
`3
`
`CASE NO: 5:18-md-02834-BLF
`CASE NO: 5:18-cv-00767-BLF
`
`