Case 5:18-md-02834-BLF Document 608-3 Filed 06/18/20 Page 1 of 5
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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
`
`AMAZON.COM, INC. and AMAZON WEB
`SERVICES, INC.,
`Plaintiffs,
`
`v.
`
`PERSONALWEB TECHNOLOGIES, LLC,
`and LEVEL 3 COMMUNICATIONS, LLC,
`Defendants.
`
`CASE NO.: 5:18-cv-00767-BLF
`CASE NO.: 5:18-cv-05619-BLF
`DECLARATION OF DR. BRIAN
`SIRITZKY IN SUPPORT OF
`PERSONALWEB TECHNOLOGIES,
`LLC’S OPPOSITION TO MOTION OF
`AMAZON.COM, INC., AMAZON WEB
`SERVICES, INC., AND TWITCH
`INTERACTIVE, INC. FOR ATTORNEY
`FEES AND COSTS
`
`PERSONALWEB TECHNOLOGIES, LLC
`and LEVEL 3 COMMUNICATIONS, LLC,
`Counterclaimants,
`
`v.
`AMAZON.COM, INC. and AMAZON WEB
`SERVICES, INC.,
`Counterdefendants.
`
`Date: August 6, 2020
`Time:
`9:00 a.m.
`Courtroom 3, 5th Floor
`Dept.:
`Judge: Hon. Beth Labson Freeman
`
`DECLARATION OF DR. BRIAN SIRITZKY ISO PWEB’S OPPOSITION TO MOTION OF
`AMAZON AND TWITCH INTERACTIVE, INC. FOR ATTORNEY FEES AND COSTS
`
`CASE NO: 5:18-MD-02834-BLF
`CASE NO: 5:18-CV-00767-BLF
`CASE NO: 5:18-CV-05619-BLF
`
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`Case 5:18-md-02834-BLF Document 608-3 Filed 06/18/20 Page 2 of 5
`
`PERSONALWEB TECHNOLOGIES, LLC, a
`Texas limited liability company, and
`LEVEL 3 COMMUNICATIONS, LLC, a
`Delaware limited liability company
`Plaintiffs,
`
`v.
`TWITCH INTERACTIVE, INC. a Delaware
`corporation,
`Defendant.
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`DECLARATION OF DR. BRIAN SIRITZKY ISO PWEB’S OPPOSITION TO MOTION OF
`AMAZON AND TWITCH INTERACTIVE, INC. FOR ATTORNEY FEES AND COSTS
`
`CASE NO: 5:18-MD-02834-BLF
`CASE NO: 5:18-CV-00767-BLF
`CASE NO: 5:18-CV-05619-BLF
`
`

`

`Case 5:18-md-02834-BLF Document 608-3 Filed 06/18/20 Page 3 of 5
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`I, Dr. Brian Siritzky, declare as follows:
`1.
`I am over the age of 18 and competent to make this declaration. I reside in Potomac,
`Maryland, U.S.A. I have personal knowledge of the matters set forth below and if called as a
`witness I would and could competently testify thereto.
`2.
`I am a registered patent attorney in private practice, and I am the principal of Siritzky
`Law, PLLC, located in McLean Virginia. In addition to my law license and specialization in the
`field of patent law, I have wide experience and deep expertise in computer science generally,
`including in distributive computing, holding a PhD in computer science from the Courant Institute
`of Mathematical Sciences at New York University (NYU), and MPhil and MS degrees in computer
`science, also from NYU. I have taught computer science at the college level and have worked in
`the business world in many different areas of computing and computer technology. I have
`prosecuted hundreds of patent applications, many in the area of computer networks, content
`delivery, and the Internet. A true and correct copy of my curriculum vitae is attached as Exhibit 1,
`and that curriculum vitae lays out in greater detail my qualifications and experience in patent law
`and computers.
`3.
`In about September 1994, while at the law firm Cushman Darby & Cushman in
`Washington DC (that firm ultimately merged into what is today known as Pillsbury), I began work
`for Kinetech, Inc. on what would become the True Name patent family, by which I mean any and
`all patents and patent applications that claim priority to U.S. application no. 08/425,160, filed April
`11, 1995. I worked closely with the inventors (Ronald Lachman and David Farber) in drafting the
`first True Name patent application (filed as U.S. patent application no. 08/425,160) and during the
`prosecution of that patent application and the other True Name patents.
`4.
`Following that time, I regularly provided legal services to Kinetech, Inc. and then
`ultimately to PersonalWeb Technologies, LLC (beginning in 2011) on all aspects of the ongoing
`prosecution of the True Name patent family as well as providing support to patent litigation
`attorneys involved, over the years, with claim construction, infringement contentions, and validity
`issues of patent litigation that were then-pending involving the True Name patent family, as well as
`consultation on post-grant proceedings (reexaminations and inter partes reviews – IPRs) before the
`
`1
`DECLARATION OF BRIAN SIRITZKY ISO PWEB’S OPPOSITION TO MOTION OF
`AMAZON AND TWITCH INTERACTIVE, INC. FOR ATTORNEY FEES AND COSTS
`
`CASE NO: 5:18-MD-02834-BLF
`CASE NO: 5:18-CV-00767-BLF
`CASE NO: 5:18-CV-05619-BLF
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`Case 5:18-md-02834-BLF Document 608-3 Filed 06/18/20 Page 4 of 5
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`U.S. Patent & Trademark Office (the PTO). In providing legal services to PersonalWeb, I worked
`closely with Mr. Kevin Bermeister.
`5.
`Beginning in early 2017 I had many discussions with Mr. Bermeister about possible
`infringement of the True Name patents by various products/systems that we believed were using the
`patented/claimed True Name inventions for cache control, especially in network environments like
`the Internet. The products and systems we were discussing included the Amazon S3 suite of
`products, and systems that use ETags for cache control, including the Ruby-on-Rails development
`platform.
`Throughout 2017 I worked with Mr. Bermeister to confirm that his infringement
`6.
`theory was based on a reasonable, accurate, and proper reading of the patent claims, based on the
`then-existing claim construction orders from prior patent litigation involving the True Name
`patents, the prior art (including “art” cited in the various post-grant proceedings at the PTO), the
`prosecution histories of the True Name patents, and the post-grant PTO proceedings.
`Simultaneously, I worked with Mr. Bermeister to confirm, through inspection of various websites
`and/or archived websites, that the infringement had occurred and/or was actually occurring.
`7.
`In spring 2017 Mr. Bermeister included me on calls and communications with Mr.
`Sandeep Seth in connection with this project. As well as providing legal and technical input on the
`infringement theories, Mr. Seth, through an outside group of technical experts at PatBak, evaluated
`the activities of numerous websites and website operators to confirm their infringement. I generally
`kept abreast of Mr. Seth’s and PatBak’s work throughout the balance of 2017.
`8.
`During this evaluation process, based on our understanding of the claims and on our
`infringement read, numerous parties were removed from the list of potential infringers if it was
`determined that they did not infringe any True Name patents.
`9.
`In late 2017, I worked with Mr. Seth and Dr. Samuel Russ to review the True Name
`patents in light of certain prior art references. We focused on prior art that had been raised in the
`post-grant proceedings (IPRs and re-exams) in the PTO. Dr. Russ provided a number of opinions
`on the validity of certain claims of the True Name patents with respect to that prior art. I reviewed
`and agreed with each of those opinions. I believed that those validity opinions were reasonable and
`
`2
`DECLARATION OF BRIAN SIRITZKY ISO PWEB’S OPPOSITION TO MOTION OF
`AMAZON AND TWITCH INTERACTIVE, INC. FOR ATTORNEY FEES AND COSTS
`
`CASE NO: 5:18-MD-02834-BLF
`CASE NO: 5:18-CV-00767-BLF
`CASE NO: 5:18-CV-05619-BLF
`
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`Case 5:18-md-02834-BLF Document 608-3 Filed 06/18/20 Page 5 of 5
`Case 5:18-md-02834-BLF Document 608-3 Filed 06/18/20 Page 5 of 5
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`consistent with the law, the prosecution history of the various True Name patents, including in the
`
`IPRs and re-exarns, and the then-existing claim constructions resulting from court proceedings and
`
`lPRs.
`
`10.
`
`In late 2017 and early January 2018 I reviewed infringement opinions and related
`
`infringement charts from Dr. Russ and concurred with the infringement positions he set forth.
`
`I
`
`believed that those infringement opinions were reasonable and consistent with the operations of the
`
`subject website operators, the law, the prosecution history of the various True Name patents,
`
`including in the IPRs and reexarns, and the then-existing body of claim constructions with which I
`
`was familiar.
`
`11.
`
`In late 2017 and early January 2018 I also reviewed numerous claim charts for
`
`various potential infringers and then reviewed their actual web sites (if still existing) and/or old web
`
`sites (using the Wayback Machine Internet Archive). For each of those sites, I confirmed that the
`
`claim chart matched the actual web site and that the infringement had taken place and/or was still
`
`occurring.
`
`12.
`
`I confirmed this information and my opinions on validity and infringement with Mr.
`
`Bermeister, Mr. Michael Sherman, and Mr. Wesley W. Monroe prior to the initial filings of
`
`complaints on January 8, 2018.
`
`13.
`
`I have reviewed the declarations of Dr. Russ (dated June 18, 2020) and Mr. Seth
`
`(dated June 18, 2020), and I was generally aware of the work and conclusions that they were
`
`reaching along the way, as set forth in those declarations, and my conclusions and opinions
`
`essentially mirrored theirs.
`
`I declare under penalty of perjury under the laws of the United States of America that the
`
`foregoing is true and correct.
`
`Executed on June 18, 2020 in Potomac, Mary]
`
`d, U.S.A.
`
`
`
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`DECLARATION OF BRIAN SIRITZKY Iso rwan's OPPOSITION To MOTION 0F
`AMAZON AND TWITCH INTERACTIVE, INC. FOR ATTORNEY FEES AND COSTS
`
`ASE 8: 5:18-
`ASE #0: 3:}8-CV-00767-gtg
`
`