Case 5:18-md-02834-BLF Document 608-9 Filed 06/18/20 Page 1 of 22
`Case 5:18—md-02834-BLF Document 608-9 Filed 06/18/20 Page 1 of 22
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`EXHIBIT (cid:22)
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`EXHIBIT 3
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`Case 5:18-md-02834-BLF Document 608-9 Filed 06/18/20 Page 2 of 22
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`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
`PHILLIP J. HAACK (CSB No. 262060)
`phaack@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
`
`Case No.: 5:18-md-02834-BLF
`
`RESPONSES AND OBJECTIONS OF
`AMAZON WEB SERVICES, INC. TO
`PERSONALWEB’S FIFTH SET OF
`INTERROGATORIES (NOS. 19-25)
`
`Case No. 5:18-cv-00767-BLF
`
`IN RE: PERSONALWEB 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,
`
`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`Counterclaimants,
`
`v.
`AMAZON.COM, INC., and AMAZON WEB
`SERVICES, INC.,
`
`Counterdefendants.
`
`AMAZON’S RESPONSES TO PERSONALWEB’S FIFTH SET
`OF INTERROGATORIES
`
`5:18-md-02834-BLF
`5:18-cv-00767-BLF
`
`1 2 3 4 5 6 7 8 9
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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`

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`Case 5:18-md-02834-BLF Document 608-9 Filed 06/18/20 Page 3 of 22
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`Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, Plaintiff and
`Counterdefendant Amazon.com, Inc. and Amazon Web Services, Inc. (collectively, “Amazon”),
`by and through their counsel, hereby respond to the Fifth Set of Interrogatories of PersonalWeb
`Technologies, LLC (“PersonalWeb”) as follows:
`GENERAL OBJECTIONS
`The following general objections are stated with respect to each and every interrogatory
`whether or not specifically identified in response thereto. To the extent any of these general
`objections are not raised in any particular response, Amazon does not waive those objections.
`1.
`Amazon objects to each and every instruction and interrogatory to the extent that it
`seeks to impose duties beyond those required by the Federal Rules of Civil Procedure and the Local
`Rules of this district. Amazon’s response shall be made only in accordance with the applicable
`rule(s).
`Amazon objects to the definitions of “You,” “Your,” or “AWS” because it seeks to
`2.
`broaden the scope of allowable discovery and seeks information that is not within the possession,
`custody, or control of Amazon, but is in the possession of third-parties and non-parties to this
`lawsuit. Amazon further objects to the definition of these terms to the extent it includes Amazon’s
`attorneys and patent agents and seeks privileged and attorney-work product information. Amazon
`will interpret these terms as referring to Amazon Web Services, Inc. only.
`3.
`Amazon objects to the definition of “Twitch” because it seeks to broaden the scope
`of allowable discovery and seeks information that is not within the possession, custody, or control
`of Amazon, but is in the possession of third-parties and non-parties to this lawsuit. Amazon further
`objects to the definition of these terms to the extent it includes Twitch’s attorneys and patent agents
`and seeks privileged and attorney-work product information. Amazon will interpret these terms as
`referring to Twitch Interactive, Inc. only.
`4.
`Amazon objects to these interrogatories to the extent they seek information
`concerning the Amazon CloudFront System. CloudFront is not accused in PersonalWeb’s
`counterclaim against Amazon.com, Inc. or Amazon Web Services, Inc. (collectively “Amazon”) or
`in any of the complaints against Amazon’s customers, including Twitch; it is accordingly outside
`
`AMAZON’S RESPONSES TO PERSONALWEB’S
`FIFTH SET OF INTERROGATORIES
`
`2
`
`5:18-md-02834-BLF
`5:18-cv-00767-BLF
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`Case 5:18-md-02834-BLF Document 608-9 Filed 06/18/20 Page 4 of 22
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`the scope of discovery in this case. Moreover, PersonalWeb does not have standing to bring claims
`against CloudFront. (See 5:18-md-02834, Dkt. Nos. 413, 453.) To the extent Amazon provides
`discovery on CloudFront, it does so explicitly without waiver of this objection.
`5.
`Amazon objects to each and every definition and interrogatory as overly broad,
`unduly burdensome, and not proportional to the needs of the case because they are not limited to a
`specific geographic area. Amazon will only provide discovery with respect to the United States.
`6.
`Amazon objects to these interrogatories to the extent that they seek information
`equally available to PersonalWeb in the public domain or that is already in the possession, custody,
`or control of PersonalWeb.
`7.
`Amazon objects to these interrogatories to the extent that they seek information that
`is in the possession, custody, or control of parties over whom Amazon has no control.
`8.
`Amazon objects to each and every instruction, definition, and interrogatory to the
`extent that it seeks the disclosure of information protected by the attorney-client privilege, the
`attorney work-product doctrine, or any other applicable privilege, immunity, or protection, as
`provided by any applicable law. Amazon does not intend to disclose such privileged or protected
`information. Amazon’s inadvertent disclosure of any such information should not be deemed a
`waiver of any privilege, immunity, or protection, and Amazon expressly reserves the right to object
`to the introduction at trial or to any other use of such information that may be inadvertently
`disclosed. Amazon objects to discovery of attorney-client privileged communications after the
`filing of this lawsuit and to discovery of work-product materials generated after the filing of this
`lawsuit.
`Amazon objects to these interrogatories to the extent they seek information
`9.
`concerning Amazon Simple Storage System (S3). PersonalWeb’s infringement claims against
`Amazon and its customers, including Twitch, concerning S3 are barred by the doctrine of claim
`preclusion and the Supreme Court’s decision in Kessler v. Eldred, 206 U.S. 285 (1907). (See 5:18-
`md-02834, Dkt. No. 381). As such, any discovery concerning S3 is outside the scope of discovery
`in this case. To the extent Amazon provides discovery on S3, it does so explicitly without waiver
`of this objection.
`
`AMAZON’S RESPONSES TO PERSONALWEB’S
`FIFTH SET OF INTERROGATORIES
`
`3
`
`5:18-md-02834-BLF
`5:18-cv-00767-BLF
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`1 2 3 4 5 6 7 8 9
`1 2 3 4 5 6 7 8 9
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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 608-9 Filed 06/18/20 Page 5 of 22
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`The responses given herein shall not be deemed to waive any claim of privilege or
`10.
`immunity Amazon may have as to any response, document, or thing, or any question or right of
`objection as to authenticity, competency, relevancy, materiality, admissibility, or any other
`objection Amazon may have as to a demand for further response to these or other interrogatories,
`or to any objection to the use of such information, documents, or things in any other proceeding
`filed after the production of such information or documents.
`11.
`Discovery in this matter is ongoing and Amazon reserves the right to revise or
`supplement any response herein.
`12.
`These General Objections are applicable to and are incorporated in each specific
`response herein without further reference. The inclusion of specific objection(s) in response to any
`interrogatories shall not be construed as a waiver of such objection(s), or any of these objections,
`in any other response.
`
`RESPONSE TO INTERROGATORIES
`INTERROGATORY NO. 19:
`Describe in detail the facts and circumstances surrounding Your decision to offer the
`CloudFront system and the services you provide via CloudFront. Include in Your answer all the
`financial and business reasons why You chose to offer the CloudFront system, including your
`projected revenues, profits, and anticipated or projected changes in the value of Amazon.com, Inc.
`or AWS from offering the CloudFront system and services at the time you decided to offer them.
`RESPONSE TO INTERROGATORY NO. 19:
`Amazon incorporates by reference its General Objections as if fully set forth herein.
`Amazon objects to this interrogatory to the extent it seeks information protected by the attorney-
`client privilege, attorney work-product doctrine, joint defense privilege, common interest
`exception, duty of confidentiality, or any other applicable privilege, immunity, doctrine or
`protection. Amazon objects to this interrogatory to the extent it seeks to impose upon Amazon
`obligations broader than, different from, or in addition to those obligations imposed by the
`Federal Rules, the Local Rules, case law, or any applicable order of the Court.
`Amazon objects to this interrogatory to the extent it seeks information that is subject to
`
`AMAZON’S RESPONSES TO PERSONALWEB’S
`FIFTH SET OF INTERROGATORIES
`
`4
`
`5:18-md-02834-BLF
`5:18-cv-00767-BLF
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`1 2 3 4 5 6 7 8 9
`1 2 3 4 5 6 7 8 9
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`2121
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`2323
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`2424
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`2828
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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`

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`Case 5:18-md-02834-BLF Document 608-9 Filed 06/18/20 Page 6 of 22
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`any protective order, privacy interest, contractual obligation, or other confidentiality obligation
`owed to any third party. Amazon further objects to this interrogatory to the extent that it purports
`to require Amazon to disclose private or personally-identifiable information of its employees,
`customers, or users. Amazon does not intend to provide such information without the consent of
`the relevant persons or a court order.
`Amazon objects to this interrogatory as assuming facts. CloudFront is not accused in
`PersonalWeb’s counterclaim against Amazon or in any of the complaints against Amazon’s
`customers. Moreover, PersonalWeb does not have standing to bring claims against CloudFront.
`(See 5:18-md-02834, Dkt. Nos. 413, 453). To the extent Amazon provides discovery on
`CloudFront, it does so explicitly without waiver of this objection.
`Further, Amazon objects to this interrogatory as vague, ambiguous, and exceeding the
`boundaries of discoverable information because it is unclear what “services” this interrogatory is
`referring to.
`Amazon objects to this interrogatory as overbroad, unduly burdensome, vague,
`ambiguous, exceeding the boundaries of discoverable information, failing to describe the
`information sought with the required reasonable particularity, not proportional to the needs of the
`case, and/or seeking information that is not relevant to any claim or defense in this action to the
`extent that it seeks information about the aspects of CloudFront not specifically accused in
`PersonalWeb’s Infringement Contentions. Amazon objects to this interrogatory as duplicative of
`other discovery requests, including but not limited to Request for Production Nos. 97-99.
`Amazon objects to the terms “Your” and “AWS” on the basis identified in the General
`Objections above and incorporates those bases herein. Amazon will interpret these terms as
`Amazon Web Services, Inc. only. Amazon will also interpret the term “Amazon.com, Inc.” as
`Amazon.com, Inc. only.
`Amazon objects to this interrogatory as vague and ambiguous, overly broad, unduly
`burdensome, and unintelligible. For example, Amazon objects to the undefined phrase “value” as
`vague and ambiguous, overly broad, unduly burdensome, and not proportional to the needs of the
`case, as it does not identify the item or feature with specificity.
`
`AMAZON’S RESPONSES TO PERSONALWEB’S
`FIFTH SET OF INTERROGATORIES
`
`5
`
`5:18-md-02834-BLF
`5:18-cv-00767-BLF
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`1 2 3 4 5 6 7 8 9
`1 2 3 4 5 6 7 8 9
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`2020
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 608-9 Filed 06/18/20 Page 7 of 22
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`Amazon objects to this interrogatory as overbroad and irrelevant because it is not limited
`to a particular time period and/or geographic area relevant to the case.
`Amazon further objects to this interrogatory because revenue forecasts related to the
`accused products are not relevant to any issue in the case as the asserted patents have expired.
`Amazon further objects to this interrogatory as it seeks a narrative to gather information
`that would more effectively be sought through other discovery means.
`Subject to and without waiving any objections, Amazon responds as follows:
`Prior to the introduction of CloudFront, some AWS customers were using S3 as a content
`delivery network. To address those customer needs, Amazon launched CloudFront.
`Investigation and discovery are ongoing, and Amazon reserves the right to supplement,
`amend, or modify its response to this interrogatory as additional facts are learned and as
`otherwise appropriate.
`INTERROGATORY NO. 20:
`Describe in detail the commercial success of the CloudFront system and services. Include
`in Your answer all revenue sources derived from the CloudFront products and services, the total
`revenues generated therefrom in the Relevant Time Period, and Your revenue forecasts therefrom.
`RESPONSE TO INTERROGATORY NO. 20:
`Amazon incorporates by reference its General Objections as if fully set forth herein.
`Amazon objects to this interrogatory to the extent it seeks information protected by the attorney-
`client privilege, attorney work-product doctrine, joint defense privilege, common interest
`exception, duty of confidentiality, or any other applicable privilege, immunity, doctrine or
`protection. Amazon objects to this interrogatory to the extent it seeks to impose upon Amazon
`obligations broader than, different from, or in addition to those obligations imposed by the Federal
`Rules, the Local Rules, case law, or any applicable order of the Court.
`Amazon objects to this interrogatory to the extent it seeks information that is subject to any
`protective order, privacy interest, contractual obligation, or other confidentiality obligation owed
`to any third party. Amazon further objects to this interrogatory to the extent that it purports to
`require Amazon to disclose private or personally-identifiable information of its employees,
`
`AMAZON’S RESPONSES TO PERSONALWEB’S
`FIFTH SET OF INTERROGATORIES
`
`6
`
`5:18-md-02834-BLF
`5:18-cv-00767-BLF
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`1 2 3 4 5 6 7 8 9
`1 2 3 4 5 6 7 8 9
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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 608-9 Filed 06/18/20 Page 8 of 22
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`customers, or users. Amazon does not intend to provide such information without the consent of
`the relevant persons or a court order.
`Amazon objects to this interrogatory as assuming facts. CloudFront is not accused in
`PersonalWeb’s counterclaim against Amazon or in any of the complaints against Amazon’s
`customers. Moreover, PersonalWeb does not have standing to bring claims against CloudFront.
`(See 5:18-md-02834, Dkt. Nos. 413, 453).
`To the extent Amazon provides discovery on
`CloudFront, it does so explicitly without waiver of this objection.
`Further, Amazon objects to this interrogatory as vague, ambiguous, and exceeding the
`boundaries of discoverable information because it is unclear what “services” this interrogatory is
`referring to.
`Amazon objects to the term “Your” on the basis identified in the General Objections above
`and incorporates those bases herein. Amazon will interpret this term as Amazon Web Services,
`Inc. only.
`Amazon objects to this interrogatory as vague and ambiguous, overly broad, unduly
`burdensome, and unintelligible. For example, Amazon objects to the undefined phrase “all revenue
`sources derived from products and services” as vague and ambiguous, overly broad, unduly
`burdensome, and not proportional to the needs of the case, as it does not identify the item or feature
`with specificity.
`Amazon objects to this interrogatory as overbroad and irrelevant because it is not limited to
`a particular geographic area relevant to the case.
`Amazon further objects to this interrogatory because revenue forecasts related to the
`accused products are not relevant to any issue in the case as the asserted patents have expired
`Subject to and without waiving any objections, Amazon responds as follows:
`Information relating to the revenue derived from CloudFront for the United States can be
`derived in whole or in part pursuant to Fed. R. Civ. P. 33(d) from the documents bearing Bates Nos.
`AMZ_PWT_00016976-16977.
`Investigation and discovery are ongoing, and Amazon reserves the right to supplement,
`amend, or modify its response to this interrogatory as additional facts are learned and as otherwise
`
`AMAZON’S RESPONSES TO PERSONALWEB’S
`FIFTH SET OF INTERROGATORIES
`
`7
`
`5:18-md-02834-BLF
`5:18-cv-00767-BLF
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`1 2 3 4 5 6 7 8 9
`1 2 3 4 5 6 7 8 9
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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 608-9 Filed 06/18/20 Page 9 of 22
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`appropriate.
`INTERROGATORY NO. 21:
`Describe in detail all facts and circumstances surrounding Your acquisition of Twitch
`Interactive, Inc. (“Twitch”). Include in Your answer all financial and business reasons why you
`acquired Twitch, your valuation of the financial benefit of the acquisition, your valuation of Twitch
`and the reasons for such valuation, and the persons involved in Your negotiations with Twitch and
`in Your financial valuation of such acquisition. For example, Your answer should include how
`You forecasted increased profits from existing revenue sources or corporate value, such as Amazon
`Game Studios, Amazon Appstream, Amazon Cognito, Double Helix Games, Fire TV, and Amazon
`Prime Video, as well as from Twitch itself through subscription, advertising Twitch Prime, game
`sales and donations to streamers or any other revenue sources directly or indirectly obtained from
`the acquisition of Twitch.
`RESPONSE TO INTERROGATORY NO. 21:
`Amazon incorporates by reference its General Objections as if fully set forth herein.
`Amazon objects to this interrogatory to the extent it seeks information protected by the attorney-
`client privilege, attorney work-product doctrine, joint defense privilege, common interest
`exception, duty of confidentiality, or any other applicable privilege, immunity, doctrine or
`protection. Amazon objects to this interrogatory to the extent it seeks to impose upon Amazon
`obligations broader than, different from, or in addition to those obligations imposed by the Federal
`Rules, the Local Rules, case law, or any applicable order of the Court.
`Amazon objects to this interrogatory to the extent it seeks information that is subject to any
`protective order, privacy interest, contractual obligation, or other confidentiality obligation owed
`to any third party. Amazon further objects to this interrogatory to the extent that it purports to
`require Amazon to disclose private or personally-identifiable information of its employees,
`customers, or users. Amazon does not intend to provide such information without the consent of
`the relevant persons or a court order.
`Amazon objects to this interrogatory as it seeks information that is neither relevant to any
`claim or defense in this action nor proportional to the needs of the case. Amazon’s acquisition of
`
`AMAZON’S RESPONSES TO PERSONALWEB’S
`FIFTH SET OF INTERROGATORIES
`
`8
`
`5:18-md-02834-BLF
`5:18-cv-00767-BLF
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`1 2 3 4 5 6 7 8 9
`1 2 3 4 5 6 7 8 9
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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 608-9 Filed 06/18/20 Page 10 of 22
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`Twitch, which is a separate company, is not relevant to any issue in the case. Nor are any reasons
`for such acquisitions or any valuations of any financial benefit of such acquisition or persons
`involved in negotiations between Amazon and Twitch. Amazon Game Studios, Amazon
`Appstream, Amazon Cognito, Double Helix Games, Fire TV, and Amazon Prime Video are not
`accused in this case and their revenues and profits, whether actual or forecasted, are not relevant to
`any issue in the case. Any revenue and profits related to the accused technology of Twitch must
`be sought from Twitch. Any revenue generated by parties other than Twitch cannot be used for
`any damages calculations for claims against Twitch and any revenue generated by parties other
`than Amazon cannot be used for any damages calculations for claims against Amazon. Seeking
`information in this case to use against Twitch, or vice versa, is not proper at least under the
`protective order.
`Amazon further objects to this interrogatory as seeking information that is neither relevant
`to any claim or defense because it is not limited to any accused technology in this case.
`Amazon objects to this interrogatory as duplicative of other discovery requests, including
`but not limited to Request for Production Nos. 100-103.
`Amazon objects to the terms “Your,” “AWS,” and “Twitch” on the basis identified in the
`General Objections above and incorporates those bases herein. Amazon will interpret these terms
`as Amazon Web Services, Inc. and Twitch Interactive, Inc. only.
`INTERROGATORY NO. 22:
`Describe in detail the commercial success of the Twitch platform and services. Include in
`Your answer all revenue sources derived from the Twitch platform, the total revenues generated
`therefrom in the Relevant Time Period, and Your revenue forecasts therefrom.
`RESPONSE TO INTERROGATORY NO. 22:
`Amazon incorporates by reference its General Objections as if fully set forth herein.
`Amazon objects to this interrogatory to the extent it seeks information protected by the attorney-
`client privilege, attorney work-product doctrine, joint defense privilege, common interest
`exception, duty of confidentiality, or any other applicable privilege, immunity, doctrine or
`protection. Amazon objects to this interrogatory to the extent it seeks to impose upon Amazon
`
`AMAZON’S RESPONSES TO PERSONALWEB’S
`FIFTH SET OF INTERROGATORIES
`
`9
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`5:18-md-02834-BLF
`5:18-cv-00767-BLF
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`1 2 3 4 5 6 7 8 9
`1 2 3 4 5 6 7 8 9
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`1010
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`1111
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`1212
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`1515
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`1616
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`2020
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`2121
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`2323
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`2424
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`2525
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`2626
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`2727
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`2828
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 608-9 Filed 06/18/20 Page 11 of 22
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`obligations broader than, different from, or in addition to those obligations imposed by the
`Federal Rules, the Local Rules, case law, or any applicable order of the Court.
`Amazon objects to this interrogatory to the extent it seeks information that is subject to
`any protective order, privacy interest, contractual obligation, or other confidentiality obligation
`owed to any third party. Amazon further objects to this interrogatory to the extent that it purports
`to require Amazon to disclose private or personally-identifiable information of its employees,
`customers, or users. Amazon does not intend to provide such information without the consent of
`the relevant persons or a court order.
`Revenue sources are not derived from products and services. Further, Amazon objects to
`this interrogatory as vague, ambiguous, and exceeding the boundaries of discoverable information
`because it is unclear what “services” this interrogatory is referring to. Amazon objects to the
`extent this seeks discovery on anything not accused in the claims against Amazon. Amazon will
`only respond to interrogatories concerning the subject of the claims against Amazon.
`Amazon objects to this interrogatory as it seeks information that is neither relevant to any
`claim or defense in this action nor proportional to the needs of the case. Amazon’s acquisition of
`Twitch, which is a separate company, is not relevant to any issue in the case. Any commercial
`success of Twitch’s accused technology must be sought from Twitch. Any revenue generated by
`parties other than Twitch cannot be used for any damages calculations for claims against Twitch
`and any revenue generated by parties other than Amazon cannot be used for any damages
`calculations for claims against Amazon. Seeking information in this case to use against Twitch,
`or vice versa, is not proper at least under the protective order.
`Amazon further objects to this interrogatory as seeking information that is neither relevant
`to any claim or defense because it is not limited to any accused technology in this case.
`Amazon objects to this interrogatory as duplicative of other discovery requests, including
`but not limited to Request for Production No. 104.
`Amazon objects to the terms “Your” and “Twitch” on the basis identified in the General
`Objections above and incorporates those bases herein. Amazon will interpret these terms as
`Amazon Web Services, Inc. and Twitch Interactive, Inc. only.
`
`AMAZON’S RESPONSES TO PERSONALWEB’S
`FIFTH SET OF INTERROGATORIES
`
`10
`
`5:18-md-02834-BLF
`5:18-cv-00767-BLF
`
`1 2 3 4 5 6 7 8 9
`1 2 3 4 5 6 7 8 9
`
`
`1010
`
`1111
`
`1212
`
`1313
`
`1414
`
`1515
`
`1616
`
`1717
`
`1818
`
`1919
`
`2020
`
`2121
`
`2222
`
`2323
`
`2424
`
`2525
`
`2626
`
`2727
`
`2828
`
`ATTORNEYS AT LAW
`
`FENWICK & WEST LLP
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 608-9 Filed 06/18/20 Page 12 of 22
`
`Amazon further objects to this interrogatory because revenue forecasts relating to the
`accused products are not relevant to any issue in the case as the asserted patents have expired.
`INTERROGATORY NO. 23:
`State specifically how you are currently monetizing Twitch (in any form) and how to plan
`to monetize or increase the value of Twitch (in any form) in the future. Include in Your answer
`estimated forecasts or plans for profits of such systems and services or increased corporate value.
`RESPONSE TO INTERROGATORY NO. 23:
`Amazon incorporates by reference its General Objections as if fully set forth herein.
`Amazon objects to this interrogatory to the extent it seeks information protected by the attorney-
`client privilege, attorney work-product doctrine, joint defense privilege, common interest
`exception, duty of confidentiality, or any other applicable privilege, immunity, doctrine or
`protection. Amazon objects to this interrogatory to the extent it seeks to impose upon Amazon
`obligations broader than, different from, or in addition to those obligations imposed by the
`Federal Rules, the Local Rules, case law, or any applicable order of the Court.
`Amazon objects to this interrogatory to the extent it seeks information that is subject to
`any protective order, privacy interest, contractual obligation, or other confidentiality obligation
`owed to any third party. Amazon further objects to this interrogatory to the extent that it purports
`to require Amazon to disclose private or personally-identifiable information of its employees,
`customers, or users. Amazon does not intend to provide such information without the consent of
`the relevant persons or a court order.
`Revenue sources are not derived from products and services. Further, Amazon objects to
`this interrogatory as vague, ambiguous, and exceeding the boundaries of discoverable information
`because it is unclear what “systems and services” this interrogatory is referring to. Amazon
`objects to the extent this seeks discovery on anything not accused in the claims against Amazon.
`Amazon will only respond to interrogatories concerning the subject of the claims against
`Amazon.
`Amazon objects to this interrogatory as it seeks information that is neither relevant to any
`claim or defense in this action nor proportional to the needs of the case. Amazon’s acquisition of
`
`AMAZON’S RESPONSES TO PERSONALWEB’S
`FIFTH SET OF INTERROGATORIES
`
`11
`
`5:18-md-02834-BLF
`5:18-cv-00767-BLF
`
`1 2 3 4 5 6 7 8 9
`1 2 3 4 5 6 7 8 9
`
`
`1010
`
`1111
`
`1212
`
`1313
`
`1414
`
`1515
`
`1616
`
`1717
`
`1818
`
`1919
`
`2020
`
`2121
`
`2222
`
`2323
`
`2424
`
`2525
`
`2626
`
`2727
`
`2828
`
`ATTORNEYS AT LAW
`
`FENWICK & WEST LLP
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 608-9 Filed 06/18/20 Page 13 of 22
`
`Twitch, which is a separate company, is not relevant to any issue in the case. Any commercial
`success of Twitch’s accused technology must be sought from Twitch. Any revenue generated by
`parties other than Twitch cannot be used for any damages calculations for claims against Twitch
`and any revenue generated by parties other than Amazon cannot be used for any damages
`calculations for claims against Amazon. The only technology arguably accused by PersonalWeb
`in its claim against Amazon is CloudFront and thus any benefit to Amazon from its acquisition of
`Twitch is not relevant to any issue in the case. Seeking information in this case to use against
`Twitch, or vice versa, is not proper at least under the protective order.
`Amazon further objects to this interrogatory as seeking information that is neither relevant
`to any claim or defense because it is not limited to any accused technology in this case.
`Amazon objects to this interrogatory as duplicative of other discovery requests, including
`but not limited to Request for Production No. 105.
`Amazon objects to the terms “Your” and “Twitch” on the basis identified in the General
`Objections above and incorporates those bases herein. Amazon will interpret these terms as
`Amazon Web Services, Inc. and Twitch Interactive, Inc. only.
`Amazon objects to this interrogatory as vague and ambiguous, overly broad, unduly
`burdensome, and unintelligible. For example, Amazon objects to the undefined phrases
`“monetizing” and “value” as vague and ambiguous, overly broad, unduly burdensome, and not
`proportional to the needs of the case, as it does not identify the items or features with specificity.
`Amazon further objects to this interrogatory because forecasts relating to the accused
`products are not relevant to any issue in the case as the asserted patents have expired.
`INTERROGATORY NO. 24:
`For each of the asserted claims of the patents-in-suit, describe in detail all facts and bases
`why You contend You do not infringe any of the patents-in-suit via CloudFront or via CloudFront
`in combination with S3, whether literally or under the doctrine of equivalents, and identify all
`persons having knowledge of such facts and bases and all documents reflecting such facts and
`bases.
`
`AMAZON’S RESPONSES TO PERSONALWEB’S
`FIFTH SET OF INTERROGATORIES
`
`12
`
`5:18-md-02834-BLF
`5:18-cv-00767-BLF
`
`1 2 3 4 5 6 7 8 9
`1 2 3 4 5 6 7 8 9
`
`
`1010
`
`1111
`
`1212
`
`1313
`
`1414
`
`1515
`
`1616
`
`1717
`
`1818
`
`1919
`
`2020
`
`2121
`
`2222
`
`2323
`
`2424
`
`2525
`
`2626
`
`2727
`
`2828
`
`ATTORNEYS AT LAW
`
`FENWICK & WEST LLP
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 608-9 Filed 06/18/20 Page 14 of 22
`
`RESPONSE TO INTERROGATORY NO. 24:
`Amazon incorporates by reference its General Objections as if fully set forth herein.
`Amazon objects to this interrogatory to the extent it seeks information protected by the attorney-
`client privilege, attorney work-product doctrine, joint defense privilege, common interest
`exception, duty of confidentiality, or any other applicable privilege, immunity, doctrine or
`protection. Amazon objects to this interrogatory to the extent it seeks to impose upon Amazon
`obligations broader than, different from, or in addition to those obligations imposed by the
`Federal Rules, the Local Rules, case law, or any applicable order of the Court.
`Amazon objects to this interrogatory as seeking information that is not relevant to any
`claim or defense in this action. CloudFront is not accused in PersonalWeb’s counterclaim against
`Amazon or in any of the complaints against Amazon’s customers. Moreover, PersonalWeb does
`not have standing to bring claims against CloudFront. (See 5:18-md-02834, Dkt. Nos. 413, 453.)
`To the extent Amazon provides discovery on CloudFront, it does so explicitly without waiver of
`this objection.
`Amazon objects to this interrogatory to the extent it seeks discovery on Amazon S3.
`Persona