Case 5:18-md-02834-BLF Document 689-1 Filed 06/01/21 Page 1 of 9
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`Exhibit 1
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`Case 5:18-md-02834-BLF Document 689-1 Filed 06/01/21 Page 2 of 9
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`J. DAVID HADDEN (CSB No. 176148)
`dhadden@fenwick.com
`SAINA S. SHAMILOV (CSB No. 215636)
`sshamilov@fenwick.com
`MELANIE L. MAYER (admitted pro hac vice)
`mmayer@fenwick.com
`TODD R. GREGORIAN (CSB No. 236096)
`tgregorian@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.,
`AMAZON WEB SERVICES, INC., and
`TWITCH INTERACTIVE, INC.
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
`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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`AMAZON.COM, INC., AMAZON WEB
`SERVICES, INC., AND TWITCH
`INTERACTIVE INC.’S FIRST SET OF
`INTERROGATORIES TO DEFENDANT
`PERSONALWEB TECHNOLOGIES,
`LLC PURSUANT TO FRCP 69 AND
`CCP § 708.020
`
`
`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,
`PERSONALWEB TECHNOLOGIES, LLC, and
`LEVEL 3 COMMUNICATIONS, LLC,
`
`Plaintiffs,
`
`v.
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`TWITCH INTERACTIVE, INC.,
`
`Defendant.
`
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`PLAINTIFFS’ FIRST SET OF INTERROGATORIES
`TO DEFENDANTS PURSUANT TO FRCP 69 AND
`CCP § 708.020
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`
`
`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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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 689-1 Filed 06/01/21 Page 3 of 9
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`PROPOUNDING PARTY:
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`RESPONDING PARTY:
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`Amazon.com, Inc., Amazon Web Services, Inc.,
`and Twitch Interactive, Inc.
`PersonalWeb Technologies, LLC
`
`SET NO:
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`One (Nos. 1–10)
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`In accordance with Rules 26, 33, and 69 of the Federal Rules of Civil Procedure, Civil
`Local Rule 33, and California Code of Civil Procedure § 708.020, Amazon.com, Inc., Amazon Web
`Services, Inc., and Twitch Interactive, Inc. request that PersonalWeb Technologies, LLC provide a
`written response to the following interrogatories at the offices of Fenwick & West LLP,
`555 California Street, Floor 12, San Francisco, California 94104, within thirty (30) days of service.
`DEFINITIONS
`1.
`The following definitions shall apply to each of the interrogatories. Terms without
`specific definition shall have their ordinary and usual meanings.
`2.
`“Person” includes any individual, trust, estate, entity (including but not limited to
`sole proprietorship, partnership, joint venture, company, or corporation), organization, association,
`group, government, or governmental body (including but not limited to any governmental agent,
`representative, agency, bureau, department, committee, or commission).
`3.
` “You,” “Your,” and “PersonalWeb” means PersonalWeb Technologies, LLC and
`its predecessors, parents, subsidiaries, divisions, officers, employees, agents, principals, beneficial
`owners, and attorneys, and each Person acting or purporting to act on its behalf or under its control.
`4.
`“Document” means any items described in Federal Rule of Civil Procedure 34(a)
`and any “writings” within the meaning of Federal Rule of Evidence 1001, and all preliminary and
`final drafts of any such items.
`5.
`The terms “Identify” or “Identity”:
`a.
`when used with respect to a natural person, means to state the person’s full
`name, a present or former affiliation, if any, with You (including, but not limited to, the person’s
`title(s), and the period of time each person held each title), and present or last-known: (i) home and
`business address; (ii) employer or business affiliation; (iii) job title; and (iv) position or occupation;
`b.
`when used with respect to business, legal, or governmental entity or
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`AMAZON’S FIRST SET OF INTERROGATORIES
`TO PERSONALWEB PURSUANT TO FRCP 69
`AND CCP § 708.020
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`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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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 689-1 Filed 06/01/21 Page 4 of 9
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`association, means to state: (i) its name; (ii) its place or incorporation or organization; (iii) its
`principal place of business; and (iv) the identity of all persons affiliated with the organization who
`have knowledge of the matter with respect to which it is named in an interrogatory answer;
`c.
`when referring to an account, the institution that maintains the account
`(including the address of the branch holding the account), the type of account (e.g., Checking,
`Savings, Brokerage, or Retirement), the username, any associated payment account, the account
`holder name, account number, routing number, and current balance;
`d.
`when referring to a fact or circumstance, means (i) the fact or circumstance,
`including the date the fact or circumstance occurred, and if the fact or circumstance was a
`communication, the content of and the parties to that communication; (ii) the documentary or
`testimonial evidence regarding that fact or circumstance; and (iii) the Persons with knowledge of
`the fact or circumstance;
`e.
`when referring to a document, means to provide the bates number for that
`document, or, if no bates number is available, the (i) name of the document; (ii) general subject
`matter; (iii) date of the document; and (iv) name of the author(s), addressee(s) and recipient(s).
`
`INSTRUCTIONS
`1.
`In answering the following interrogatories, furnish all available information,
`including information in the possession, custody, or control of any of Your attorneys, directors,
`officers, agents, employees, representatives, associates, investigators or division affiliates,
`partnerships, parents or subsidiaries, and Persons under Your control, who have the best
`knowledge, not merely information of which You have personal knowledge.
`2.
`If You cannot fully respond to the following interrogatories after exercising due
`diligence to secure the information requested thereby, so state, answer each such interrogatory to
`the fullest extent You deem possible, specify the portion of each interrogatory that You claim to be
`unable to answer fully, and completely state the facts upon which You rely to support Your
`contention that You are unable to answer the interrogatory fully and completely, and state what
`knowledge, information or belief You have concerning the unanswered portion of each such
`interrogatory.
`AMAZON’S FIRST SET OF INTERROGATORIES
`TO PERSONALWEB PURSUANT TO FRCP 69
`AND CCP § 708.020
`
`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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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 689-1 Filed 06/01/21 Page 5 of 9
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`3.
`If You object to any portion or aspect of any interrogatory, provide all information
`responsive to the portion to which You do not object.
`4.
`If You are extracting and producing Documents from files and other sources in
`connection with these interrogatories, produce them in a manner that makes clear the source and
`preserves the order or location of the Documents within each source.
`5.
`If You are producing Documents in connection with these interrogatories, do not
`separate Documents attached to each other.
`6.
`If You are producing Documents in connection with these interrogatories, do so with
`control numbers permitting identification of particular documents by their assigned number.
`7.
`Should You seek to withhold any information based on some limitation of discovery
`(including, but not limited to, a claim of privilege) applicable to any communication or meeting,
`identify with particularity the circumstances of the communications or meeting.
`8.
`If Your response to a particular interrogatory is a statement that You lack the ability
`to comply with that interrogatory, You must specify whether the inability to comply is because the
`particular Document or item or category of information never existed, has been destroyed, has been
`lost, misplaced, or stolen, or has never been, or is no longer, in Your possession, custody, or control,
`in which case identify the name and address of any person or entity known or believed by You to
`have possession, custody, or control of that Document or item or category of information.
`9.
`If a Document once existed and has been lost or destroyed, or is otherwise missing,
`please identify the Document and state the details concerning the loss of such document.
`10.
`If You contend that you have previously produced any Document that provides
`information these interrogatories call for, identify the production number and file directory location
`of that Document.
`11.
`If, in answering these interrogatories, You claim there is any ambiguity in either a
`particular interrogatory or a definition or an instruction, you shall not use such a claim as a basis
`for refusing to respond, but shall instead set forth as part of Your response the language you deem
`ambiguous and the interpretation you used in responding to the particular interrogatory.
`12.
`Your obligation to respond to these interrogatories is continuing and You are to
`Case No. 5:18-md-02834-BLF
`AMAZON’S FIRST SET OF INTERROGATORIES
`4
`Case No.: 5:18-cv-00767-BLF
`TO PERSONALWEB PURSUANT TO FRCP 69
`Case No.: 5:18-cv-05619-BLF
`AND CCP § 708.020
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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 689-1 Filed 06/01/21 Page 6 of 9
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`supplement Your responses to include subsequently acquired information in accordance with the
`requirements of Rule 26(e) of the Federal Rules of Civil Procedure.
`
`INTERROGATORIES
`
`INTERROGATORY NO. 1:
`Identify all accounts (including but not limited to bank accounts, credit card accounts,
`brokerage accounts, investment accounts, retirement accounts, pension accounts, lease accounts,
`internet or other online service accounts, utility accounts, alarm or security service accounts, cable
`or satellite television accounts, domain name accounts, mortgages, lines of credit, real property,
`physical assets, cash assets, crypto currency or crypto assets) associated with PersonalWeb.
`INTERROGATORY NO. 2:
`Identify all bank accounts owned or controlled by PersonalWeb or used for its benefit.
`INTERROGATORY NO. 3:
`Identify all physical assets owned or otherwise controlled by PersonalWeb (including, but
`not limited to furniture, electronics, computer hardware, real property, and automobiles) at any time
`from January 1, 2018 to the present, including: (a) the current owner of the assets and (b) all
`circumstances regarding the receipt, acquisition, transfer or disposition of the asset, including the
`amount of any consideration exchanged for the assets, the date of the exchanges, and the parties to
`the exchanges.
`INTERROGATORY NO. 4:
`Identify all intangible assets owned or otherwise controlled by PersonalWeb at any time
`from January 1, 2018 to the present, including (a) the current owner of the assets and (b) all
`circumstances regarding the receipt, acquisition, transfer or disposition of the assets, including the
`amount of any consideration exchanged for the assets, the dates of the exchanges, and the parties
`to the exchanges.
`INTERROGATORY NO. 5:
`For each asset that Interrogatory 3 or 4 calls to be identified, identify all facts regarding the
`asset’s value, including all valuations of the asset, at any time from January 1, 2018 to the present.
`
`AMAZON’S FIRST SET OF INTERROGATORIES
`TO PERSONALWEB PURSUANT TO FRCP 69
`AND CCP § 708.020
`
`
`
`5
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`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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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 689-1 Filed 06/01/21 Page 7 of 9
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`INTERROGATORY NO. 6:
`Identify all transfers of assets (including money) between PersonalWeb and any other
`person or entity, including the date of transfer and the nature and amount of any consideration in
`exchange for the transfer.
`INTERROGATORY NO. 7:
`For each transfer that Interrogatory No. 6 calls to be identified, identify all facts concerning
`the value of the exchanged assets and consideration.
`INTERROGATORY NO. 8:
`Identify each PersonalWeb asset transferred to any Person from January 1, 2018 to the
`present (including but not limited to bank accounts, credit card accounts, brokerage accounts,
`investment accounts, retirement accounts, pension accounts, lease accounts, internet or other online
`service accounts, utility accounts, alarm or security service accounts, cable or satellite television
`accounts, domain name accounts, mortgages, lines of credit , real property, physical assets, cash
`assets, crypto assets, or other assets owned or otherwise controlled by PersonalWeb), and all facts
`concerning the value of each asset at time of transfer.
`INTERROGATORY NO. 9:
`Identify all communications of any persons, including attorneys, concerning the possibility
`or likelihood (or lack thereof) of any type of monetary award against PersonalWeb or its counsel
`(including but not limited to an award of fees, sanctions, or costs) in any litigation in which
`PersonalWeb was a plaintiff.
`INTERROGATORY NO. 10:
`Did PersonalWeb rely upon any advice or communications of counsel in assessing the
`possibility or likelihood (or lack thereof) of an adverse monetary award (including but not limited
`to an award of fees, sanctions, or costs) in any matter in the consolidated multidistrict litigation
`captioned In re PersonalWeb Technologies, LLC, Patent Litigation, No. 5:18-md-02834-BLF
`(United States District Court, Northern District of California)?
`
`AMAZON’S FIRST SET OF INTERROGATORIES
`TO PERSONALWEB PURSUANT TO FRCP 69
`AND CCP § 708.020
`
`
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`6
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`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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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 689-1 Filed 06/01/21 Page 8 of 9
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`Dated: April 19, 2021
`
`FENWICK & WEST LLP
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`By:
`/s/ Todd R. Gregorian
`Todd R. Gregorian
`Attorneys for Plaintiffs
`AMAZON.COM, INC.,
`AMAZON WEB SERVICES, INC., and
`TWITCH INTERACTIVE, INC.
`
`
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`AMAZON’S FIRST SET OF INTERROGATORIES
`TO PERSONALWEB PURSUANT TO FRCP 69
`AND CCP § 708.020
`
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`7
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`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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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 689-1 Filed 06/01/21 Page 9 of 9
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 19th day of April, 2021, a true and correct copy of the
`foregoing document was served on each party through their counsel of record via email.
`
`Michael A. Sherman
`masherman@stubbsalderton.com
`Jeffrey F. Gersh
`jgersh@stubbsalderton.com
`Sandeep Seth
`sseth@stubbsalderton.com
`Wesley W. Monroe
`wmonroe@stubbsalderton.com
`Stanley H. Thompson
`sthompson@stubbsalderton.com
`Viviana Boero Hedrick
`vhedrick@stubbsalderton.com
`STUBBS ALDERTON & MARKILES, LLP
`15620 Ventura Blvd., 20th Floor
`Sherman Oaks, CA 91403
`
`Counsel for PersonalWeb Technologies, LLC
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`Theodore S. Maceiko
`ted@maceikoip.com
`MACEIKO IP
`420 2nd Street
`Manhattan Beach, CA 90266
`
`Counsel for PersonalWeb Technologies, LLC
`
`
`
`/s/ Margaret E. Vertin
`Margaret E. Vertin
`
`
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`PLAINTIFFS’ FIRST SET OF INTERROGATORIES
`TO DEFENDANTS PURSUANT TO FRCP 69 AND
`CCP § 708.020
`
`
`
`
`
`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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