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`Case 5:18-md-02834-BLF Document 551-2 Filed 10/25/19 Page 1 of 2
`
`
`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 PERSONALWEB TECHNOLOGIES,
`LLC, ET AL., PATENT LITIGATION
`
`PERSONALWEB TECHNOLOGIES, LLC
`and LEVEL 3 COMMUNICATIONS, LLC,
`Plaintiffs,
`
`v.
`TWITCH INTERACTIVE, INC., a Delaware
`corporation
`
`
`
`
`
`Case No.: 5:18-cv-05619-BLF
`
`[PROPOSED] ORDER GRANTING
`PERSONALWEB TECHNOLOGIES,
`LLC CROSS-MOTION FOR ORDER
`AND ENTRY OF JUDGMENT OF NON-
`INFRINGEMENT ON BEHALF OF
`TWITCH INTERACTIVE, INC.
`
`Date: November 15, 2019
`Time: 9:00 A.M.
`Dept: Courtroom 3, 5th Floor
`Judge: Hon. Beth L. Freeman
`Trial Date: March 16, 2020
`
`
`
`
`[PROPOSED] ORDER GRANTING
`PWEB’S MOTION FOR AN ORDER
`AND ENTRY OF JUDGMENT OF
`NON-INFRINGEMENT AGAINST TWITCH
`
`
`
`
`
`
`CASE NO: 5:18-md-02834-BLF
`CASE NO: 5:18-cv-05619-BLF
`
`
`
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`Case 5:18-md-02834-BLF Document 551-2 Filed 10/25/19 Page 2 of 2
`
`
`Having considered the motion by PersonalWeb Technologies, LLC (“PersonalWeb”), the
`further briefing by the parties, and oral arguments of counsel, and good cause appearing, IT IS
`HEREBY ORDERED THAT PersonalWeb’s cross-motion for judgment of non-infringement is
`hereby GRANTED, and the Court hereby ORDERS as follows:
`Pursuant to Federal Rule of Civil Procedure 41(a)(2), all claims by PersonalWeb
`1.
`against Twitch Interactive, Inc. (“Twitch”) are DISMISSED WITH PREJUDICE. Twitch may
`reassert its defenses in this action if the Court of Appeals or the Supreme Court reverses, modifies,
`or vacates the Final Judgment.
`Final Judgment of NON-INFRINGEMENT is GRANTED in favor of Twitch, on
`2.
`PersonalWeb’s claims for infringement of U.S. Patent Nos. 6,928,442 (the “’442 patent”),
`7,802,310 (the “’310 patent”), 7,945,544 (the “’544 patent”), and 8,099,420 (the “’420 patent”)
`based on the Court’s construction of the terms “unauthorized or unlicensed” and “authorization” in
`the Claim Construction Order (Dkt. 485 in Case No. 5:18-md-02834-BLF).
`Final Judgment is GRANTED in favor of Twitch regarding PersonalWeb’s claims of
`3.
`infringement the ‘442, ‘310, ‘544, and ‘420 patents based solely on Twitch’s use of Amazon S3 as
`barred by claim preclusion and the Kessler doctrine, subject to Appeal No. 19-1918, now pending
`before the United States Court of Appeals for the Federal Circuit.
`PersonalWeb retains all of its rights of appeal of this Order and any judgment entered
`4.
`in accordance herewith.
`IT IS SO ORDERED.
`
`
`DATED:
`
`
`
`
`
`
`Honorable Beth Labson Freeman
`United States Magistrate Judge
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`[PROPOSED] ORDER GRANTING
`PWEB’S MOTION FOR AN ORDER
`AND ENTRY OF JUDGMENT OF
`NON-INFRINGEMENT AGAINST TWITCH
`
`1
`
`
`
`
`CASE NO: 5:18-md-02834-BLF
`CASE NO: 5:18-cv-05619-BLF
`
`
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