`Case 5:18-md-02834—BLF Document 561-1 Filed 11/01/19 Page 1 of 2
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`EXHIBIT 1
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`EXHIBIT 1
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`Case 5:18-md-02834-BLF Document 561-1 Filed 11/01/19 Page 2 of 2
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`EMAIL DHADDEN@FENWICK.COM
`Direct Dial +1 (650) 335-7684
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`J. DAVID HADDEN
`
`August 16, 2019
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`
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`VIA EMAIL (MASHERMAN@STUBBSALDERTON.COM)
`
`Michael A. Sherman
`Stubbs Alderton & Markiles
`15260 Ventura Boulevard, 20th Floor
`Sherman Oaks, California 91403
`
`Re:
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`In re PersonalWeb Technologies, LLC et al. Patent Litigation,
`Nos. 18-md-02834 (N.D. Cal.)
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`
`Dear Michael:
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`I write on behalf of Amazon.com, Inc. and Amazon Web Services, Inc. (collectively,
`“Amazon”), and Twitch Interactive, Inc. (“Twitch”). The Court’s August 16, 2019 Claim
`Construction Order (Dkt. 485)—in particular the Court’s constructions of the “authorization”
`terms and the “part” and “part value” terms—makes clear that PersonalWeb has no viable
`infringement claim against either Amazon or Twitch. See MarcTec, LLC v. Johnson & Johnson,
`664 F.3d 907, 919 (Fed. Cir. 2012) (plaintiff’s “decision to continue the litigation after claim
`construction further supports the district court’s finding that this is an exceptional case”); Taurus
`IP, LLC v. Daimlerchrysler Corp., 559 F. Supp. 2d 947, 968 (W.D. Wisc. 2008) (plaintiff’s
`“decision to proceed in the face of [the] court’s constructions prolong[s] . . . litigation in bad
`faith”).
`
`Please confirm that PersonalWeb will immediately dismiss all claims against Amazon
`and Twitch with prejudice. If not, we will seek all available sanctions, including under Rule 11,
`against both PersonalWeb and your firm.
`
`Sincerely,
`
`FENWICK & WEST LLP
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`
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`J. David Hadden
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`JDH:icc
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