Case 5:18-md-02834-BLF Document 691-3 Filed 06/08/21 Page 1 of 20
`Case 5:18—md-02834-BLF Document 691-3 Filed 06/08/21 Page 1 of 20
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`EXHIBIT 2
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`EXHIBIT 2
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`Michael Gerard Fletcher (State Bar No. 070849)
` mfletcher@frandzel.com
`Craig A. Welin (State Bar No. 138418)
` cwelin@frandzel.com
`Bruce David Poltrock (State Bar No. 162448)
` bpoltrock@frandzel.com
`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`1000 Wilshire Boulevard, 19th Floor
`Los Angeles, California 90017-2427
`Telephone: (323) 852-1000
`Facsimile: (323) 651-2577
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`Attorneys for Plaintiffs, BRILLIANT DIGITAL
`ENTERTAINMENT, INC.; EUROPLAY
`CAPITAL ADVISORS, LLC; CLARIA
`INNOVATIONS, LLC; and MONTO
`HOLDINGS PTY LTD
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`SUPERIOR COURT OF CALIFORNIA
`COUNTY OF LOS ANGELES - NORTHWEST DISTRICT (VAN NUYS)
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` CASE No. 21VECV00575
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`[Case assigned for all purposes to the Hon.
`Judge Bernie C. LaForteza, Department U]
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`ORDER FOR EX PARTE IMMEDIATE
`APPOINTMENT OF A RECEIVER
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`BRILLIANT DIGITAL ENTERTAINMENT,
`INC., a Delaware corporation; EUROPLAY
`CAPITAL ADVISORS, LLC, a Delaware
`limited liability company; CLARIA
`INNOVATIONS, LLC, a Delaware limited
`liability company; and MONTO HOLDINGS
`PTY LTD, an Australian company,
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`Plaintiffs,
`
` v.
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`PERSONALWEB TECHNOLOGIES, LLC,
`a Texas limited liability company; and DOES
`1 through 100, Inclusive,
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`Defendants.
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`Upon due and proper consideration of Plaintiffs' ex parte application, including the
`memorandum and declarations filed in support thereof (collectively, “Application”), the
`Complaint on file herein, and other good cause appearing therefor:
`IT IS HEREBY ORDERED that Robb Evans & Associates LLC, be and is hereby
`appointed receiver (“Receiver”) over Defendant PersonalWeb Technologies, LLC, in this action
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`Case 5:18-md-02834-BLF Document 691-3 Filed 06/08/21 Page 3 of 20
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`subject to the conditions that before entering upon its duties as the Receiver, it shall take the oath
`and file a bond with a surety thereon of satisfactory proof to the Court in the sum of $10,000.00 to
`secure faithful performance of its duties as the Receiver.
`IT IS FURTHER ORDERED that Plaintiffs shall post a bond in the sum of $1,500.00
`under Code of Civil Procedure section 527. Plaintiffs shall further be required to post a bond
`pursuant to Code of Civil Procedure section 566 in the sum of $1,500.00.
`IT IS FURTHER ORDERED that the Receiver shall have the following powers and
`responsibilities:
`1.
`To enter, gain access, and take possession of the business premises of Defendant
`PersonalWeb Technologies, LLC, a Texas limited liability company ("PW" and/or "Defendant"),
`wherever located, including but not limited to, 5380 Old Bullard Rd., Suite 600-322, Tyler, TX
`75703, and any other location from which Defendant may conduct business in the State of
`California, in the State of Texas, or otherwise (“Business Premises”), and to seize, manage,
`control, operate, and collect all of the collateral of Plaintiffs (i.e., all of Defendant’s personal
`property assets) (the "Collateral", a description of which is set forth in Exhibit "1", attached
`hereto), as the Receiver deems necessary for the proper retention, management, administration,
`and/or liquidation of the Collateral. But the books and records of Defendant PW, or copies,
`abstracts, or summaries thereof, shall be made available to Defendant PW as is reasonably
`necessary from time to time.
`2.
`To have and exercise exclusive control over all of the Collateral, and PW, including
`without limitation all cash and all collateral, which exclusive control includes, without limitation,
`the discretion to continue in the employment of PW, or not, any currently employed officer,
`director, employee, servant, third party, attorney, accountant, other professional, and/or agent.
`3.
`To borrow from and repay money to the Plaintiffs from time-to-time on a revolving
`basis with the Plaintiffs' consent, in increments of $25,000.00, including without limitation under
`and pursuant to all of the terms, covenants, and conditions contained in the loan documents
`between the Plaintiffs and PW, as those loan documents may be modified or amended from time-
`to-time by the Receiver and Plaintiffs. Any liability for such borrowings shall solely be the
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`FRANDZEL ROBINS BLOOM & CSATO, L.C.
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`LOS ANGELES, CALIFORNIA 90017-2427
`1000 WILSHIRE BOULEVARD, 19TH FLOOR
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`(323) 852-1000
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`Case 5:18-md-02834-BLF Document 691-3 Filed 06/08/21 Page 4 of 20
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`responsibility of PW, and not the Receiver. Such authority specifically includes, but is not limited
`to, the Receiver being authorized to issue to Plaintiffs from time-to-time Receiver's Certificates to
`evidence and otherwise secure the repayment to the Plaintiffs of any and all of such
`indebtedness. The Receiver's Certificates shall have priority over all other claims, including
`without limitation over all general claims against the receivership estate and collectively constitute
`a lien and charge upon all of the assets of the receivership estate. The lien securing the Receiver's
`Certificate shall be prior and superior to all liens, encumbrances, and claims against the Collateral
`held by any other persons or entities, including without limitation any other secured
`creditors. After any Receiver's Certificate is issued a copy shall be included in the Receiver's
`monthly report. The original shall be delivered to Plaintiffs to be filed and/or recorded in the
`Plaintiffs' discretion. As funds in the Receivership Estate are deemed by the Receiver to be in
`excess of necessary reserves, the Receiver may redeem these Receiver Certificates, or any of
`them.
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`To sell the Defendant PW, and/or all of its assets, in whole or in parts, from time to
`4.
`time in the discretion of the Receiver. The Receiver may, but is not required to, comply with
`Sections 568.5 and 701.510, et seq. of the California Code of Civil Procedure regarding the
`Receiver’s sale of the Collateral. The Receiver shall be authorized to liquidate all of the Plaintiffs’
`Collateral without the need for further orders, and at the Receiver’s discretion, complete the
`processing, repairing, reconditioning, and/or sale of said Collateral and incur the expenses
`necessary to preserve, protect, and carry out the foregoing. In connection with the Receiver’s sale
`of all or part of the Collateral, the Receiver is authorized to sell the Collateral to the public “as is”
`and “with all faults,” without such representations or warranties, without seeking Court approval.
`At any such sale by the Receiver, Plaintiffs, or any of them, separately or collectively, may be a
`bidder and a purchaser and Plaintiffs shall be allowed to elect to credit bid in any such sale up to
`the aggregate amount of the total debt owed by PW to all such Plaintiffs, or any of them, or in
`such smaller increments as Plaintiffs may elect.
`5.
`To take any and all steps necessary to receive, collect, and review all mail
`addressed to Defendant PW, including, but not limited to, mail addressed to each and every one of
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`FRANDZEL ROBINS BLOOM & CSATO, L.C.
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`LOS ANGELES, CALIFORNIA 90017-2427
`1000 WILSHIRE BOULEVARD, 19TH FLOOR
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`(323) 852-1000
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`their Business Premises and any post office boxes held in the name of Defendant PW, and, at the
`Receiver’s discretion, it is authorized to instruct the U.S. Postmaster to re-route, hold, and or
`release said mail to the Receiver. Copies of mail reviewed by the Receiver in the performance of
`its duties will promptly be made available for inspection to Defendant upon request after review
`by the Receiver. Receiver agrees to maintain the confidentiality of and abide by all laws and
`regulations with respect to mail it receives, collects and reviews that deal with patient information.
`6.
`To demand, collect, and receive all monies, funds, and payments arising from the
`Plaintiffs’ Collateral.
`7.
`To take possession of all Plaintiffs' accounts of Defendant and chattel paper as they
`pertain to the inventory of Defendant, wherever located, and to receive possession of any money
`on deposit in said Plaintiffs' accounts. The receipt by the Receiver for said funds shall discharge
`said Plaintiffs from further responsibility for accounting to said account holder for funds for which
`the Receiver shall give its receipt.
`8.
`To establish Plaintiffs' accounts at any financial institution the Receiver deems
`appropriate for the deposit of monies and funds collected and received in connection with its
`administration of the Receivership estate, provided that all funds on deposit are insured by an
`agency of the United States Government.
`9.
`To use the taxpayer account number of Defendant in connection with the
`receivership estate, as necessary to perform and/or carry out the Receiver’s duties.
`10.
`To execute and prepare all documents and to perform all acts, either in the name of
`Defendant, as it is applicable, or in the Receiver’s own name, which are necessary or incidental to
`preserving, protecting, managing, controlling, and/or liquidating the Collateral.
`11.
`To contact each of the accounts receivable debtors of Defendant (“Accounts
`Receivable Debtors”) in order to advise them not to send further accounts receivable payments to
`Defendant and to instruct the Accounts Receivable Debtors to send any and all payments directly
`to the Receiver.
`12.
`To compromise debts of Defendant and to do all things and to incur the risks and
`obligations of similar businesses and enterprises. No risk or obligation incurred by the Receiver
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`FRANDZEL ROBINS BLOOM & CSATO, L.C.
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`LOS ANGELES, CALIFORNIA 90017-2427
`1000 WILSHIRE BOULEVARD, 19TH FLOOR
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`(323) 852-1000
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`shall be at the personal risk or obligation of the Receiver, but shall be the risk or obligation of the
`Receivership estate.
`13.
`To turn over to Plaintiffs for the payment of Defendant’s obligations to Plaintiffs
`sued upon in the Complaint the monies coming into possession of the Receiver and not expended
`for any of the purposes herein authorized, subject to orders as this Court may hereinafter issue as
`to its disposition.
`14.
`To employ servants, agents, employees, appraisers, guards, clerks, accountants,
`liquidators, auctioneers, attorneys, and management consultants to administer the Receivership
`estate and to protect the Collateral as it shall deem it necessary, including without limitation to
`continue the pre-receivership employment of attorneys for Defendant PW as to legal actions
`pending at the time of the receivership, on condition that appropriate and reasonable terms,
`covenants, and conditions exist concerning, including as to payment arrangements to, such
`attorneys to the satisfaction of the Receiver in its sole discretion; to purchase materials, supplies,
`and services and to pay therefore at the usual rate and prices out of funds that shall come into its
`possession; to pay the reasonable value of said services out of the proceeds of the estate. No risk
`or obligation incurred by the Receiver shall be at the personal risk or obligation of the Receiver,
`but shall be the risk or obligation of the Receivership estate. Receiver shall file an application
`with the Court to seek Court approval to hire any attorney(s).
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`15.
`To procure insurance on the Collateral if there is insufficient insurance coverage
`thereon within thirty (30) days, provided the Receiver has funds available to do so. During said
`30-day period, the Receiver shall not be personally responsible for claims arising or for the
`procurement of insurance.
`16.
`To institute ancillary proceedings in this state or other states as is necessary to
`obtain possession and control of the Collateral for the administration and management thereof, and
`to participate in any court proceedings involving Defendant PW, including, but not limited to,
`participation in depositions, trials, appeals, and other related proceedings. Plaintiffs may, in their
`discretion, also participate in said court proceedings and related proceedings. The Receiver may
`engage the services of counsel on behalf of Defendant PW if reasonably necessary in the
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`FRANDZEL ROBINS BLOOM & CSATO, L.C.
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`LOS ANGELES, CALIFORNIA 90017-2427
`1000 WILSHIRE BOULEVARD, 19TH FLOOR
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`(323) 852-1000
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`Receiver's sole discretion. The Receiver may pay for such services from the funds of the
`Receivership estate. Receiver shall file an application with the Court to seek Court approval to
`hire any attorney(s).
`17.
`To the extent feasible, the Receiver shall, within thirty (30) days of its qualification
`file in this action an inventory of all property of which it shall have taken possession pursuant to
`this Order and shall file periodic accountings thereafter.
`18.
`To prepare periodic interim statements reflecting the Receiver’s fees and
`administrative costs and expenses incurred for said period in the operation and administration of
`the Receivership estate. Upon completion of an interim statement, and the mailing of said
`statement to the parties’ respective attorneys of record or any other designated personal agent, the
`Receiver shall pay from the estate funds, if any, the amount of said statement. Despite the
`periodic statement of Receiver’s fees and administrative expenses, such fees and expenses shall be
`submitted to the Court for its approval and confirmation, in the form of either a noticed interim
`request for fees, a stipulation among the parties, or the Receiver’s final account and report.
`19.
`To forgo the filing of any federal or state income tax returns, schedules, or other
`forms, which continue to be the sole obligations of Defendant PW.
`20.
`To make application to this Court for further orders instructing the Receiver from
`time to time, and on due notice.
`IT IS FURTHER ORDERED that nothing in this Order concerning the subject matter of
`the Application or the appointment of a Receiver waives, or shall be construed to waive, any
`applicable evidentiary privilege concerning communications or documents, including without
`limitation the attorney client privilege, the attorney work product doctrine, and the common
`interest privilege, all of which shall be reserved and preserved.
`DATED: May __, 2021
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`JUDGE OF THE SUPERIOR COURT
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`FRANDZEL ROBINS BLOOM & CSATO, L.C.
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`LOS ANGELES, CALIFORNIA 90017-2427
`1000 WILSHIRE BOULEVARD, 19TH FLOOR
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`(323) 852-1000
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`Case 5:18-md-02834-BLF Document 691-3 Filed 06/08/21 Page 8 of 20
`Case 5:18—md-02834-BLF Document 691-3 Filed 06/08/21 Page 8 of 20
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`EXHIBIT 1
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`EXHIBIT 1
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`Case 5:18-md-02834-BLF Document 691-3 Filed 06/08/21 Page 9 of 20
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`Exhibit 1
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`“Collateral” shall mean all right, title, and interest of the Debtor in and to all of the
`following property of the Debtor, whether now owned or hereafter acquired and whether now
`existing or hereafter coming into existence:
`(i) Accounts;
`(ii) Chattel Paper and rights to receive monies included thereby;
`(iii) Commercial Tort Claims;
`(iv) Deposit Accounts;
`(v) Documents;
`(vi) Equity Collateral;
`(vii) General Intangibles;
`(viii) Goods, including Inventory and Equipment;
`(ix) Instruments and rights to receive monies included thereby;
`(x) Intellectual Property;
`(xi) Investment Property, including Commodity Accounts and Commodity Contracts;
`(xii) Letter-of-Credit Rights;
`(xiii) Notes;
`(xiv) other tangible and intangible personal property and Fixtures of the Debtor;
`(xv) to the extent related to any property described in the clauses (i) through (xiv), all books,
`correspondence, loan files, records, invoices, and other papers, including without limitation all tapes,
`cards, computer runs, and other papers and documents in the possession or under the control of the
`Debtor or any computer service company from time to time acting for the Debtor; and
`(xvi) cash and non-cash Proceeds of any and all of the foregoing.
`“Account” has the meaning given such term in Section 9.102(a)(2) of the UCC.
`“Account Debtor” has the meaning given such term in Section 9.102(a)(3) of the UCC.
`“Certificate of Title” has the meaning given such term in Section 9.102(a)(10) of the UCC.
`“Certificated Security” has the meaning given such term in Section 8.102(a)(4) of the UCC.
`“Chattel Paper” has the meaning given such term in Section 9.102(a)(11) of the UCC.
`“Commercial Tort Claim' has the meaning set forth in Section 9.102(a)(13) of the UCC, and
`shall include, without limitation, all of the specifically described actions, litigation, proceedings
`and claims (including any appeals or remands and/or proceedings in connection therewith or
`relating thereto or new proceedings arising therefrom) identified on Schedule 1.2 attached hereto
`(which Schedule 1.2 is incorporated herein by this reference as though fully set forth herein, and
`as such Schedule 1.2 may be amended or amended and restated from time to time).
`“Commodity Account” has the meaning given such term in Section 9.102(a)(14) of the UCC.
`“Commodity Contract” has the meaning given such term in Section 9.102(a)(15) of the UCC.
`“Commodity Intermediary” has the meaning given such term in Section 9.102(a)(17) of the UCC.
`“Copyright Collateral” shall mean all Copyrights, whether now owned or hereafter acquired by the
`Debtor.
`“Copyrights” shall mean all copyrights, copyright registrations, and applications for copyright
`registrations, including, without limitation, all renewals and extensions thereof, the right to recover
`for all past, present, and future infringements thereof, and all other rights of any kind whatsoever
`accruing thereunder or pertaining thereto.
`“Deposit Account” has the meaning given such term in Section 9.102(a)(29) of the UCC.
`“Documents” has the meaning given such term in Section 9.102(a)(30) of the UCC.
`“Entitlement Holder” has the meaning given such term in Section 8.102(a)(7) of the UCC.
`“Entitlement Order” has the meaning given such term in Section 8.102(a)(8) of the UCC.
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`“Equipment” has the meaning given such term in Section 9.102(a)(33) of the UCC.
`“Equity Collateral” shall mean Pledged Equity and Pledged Equity Proceeds.
`“Event of Default” shall have the meaning specified in Section 15 of this Agreement.
`“Financial Asset” has the meaning given such term in Section 8.102(a)(9) of the UCC.
`“Fixtures” has the meaning given such term in Section 9.102(a)(41) of the UCC.
`“General Intangibles” has the meaning given such term in Section 9.102(a)(42) of the UCC.
`“Goods” has the meaning given such term in Section 9.102(a)(44) of the UCC, and shall include
`Motor Vehicles.
`“Instruments” has the meaning given such term in Section 9.102(a)(47) of the UCC.
`“Intellectual Property” shall mean, collectively, all Copyright Collateral, all Patent Collateral, and
`all Trademark Collateral, together with (a) all inventions, processes, production methods, proprietary
`information, know-how, and trade secrets; (b) all licenses or user or other agreements granted to the
`Debtor with respect to any of the foregoing, in each case whether now or hereafter owned or used; (c)
`all information, customer lists, identification of suppliers, data, plans, blueprints, specifications,
`designs, drawings, recorded knowledge, surveys, engineering reports, test reports, manuals, materials
`standards, processing standards, performance standards, catalogs, computer and automatic machinery
`software and programs, splash screens, films, masters, and artwork; (d) all field repair data, sales
`data, and other information relating to sales or service of products now or hereafter manufactured; (e)
`all accounting information and all media in which or on which any information or knowledge or data
`or records may be recorded or stored and all computer programs used for the compilation or printout
`of such information, knowledge, records, or data; and (f) all licenses, consents, permits, variances,
`certifications, and approvals of governmental agencies now or hereafter held by the Debtor.
`“Inventory” has the meaning given such term in Section 9.102(a)(48) of the UCC.
`“Investment Property” has the meaning given such term in 9.102(a)(49) of the UCC.
`“Letter-of-Credit Right” has the meaning given such term in Section 9.102(a)(51) of the UCC.
`“Lien” shall mean a pledge, assignment, lien, charge, mortgage, encumbrance, or other security
`interest obtained under this Agreement or under any other agreement or instrument with respect to
`any present or future assets, property, contract rights, or revenues in order to secure the payment of
`indebtedness of the party referred to in the context in which the term is used.
`“Motor Vehicles” shall mean motor vehicles, tractors, trailers, and other like property, whether or
`not the title thereto is governed by a certificate of title or ownership.
`“Notes” shall mean all Promissory Notes or other debt instruments (including, without limitation,
`bonds and debentures of any nature whatsoever) from time to time issued to, or held by, the Debtor.
`“Obligations” shall mean (i) (x) the principal of and interest on the Secured Note and (y) all other
`obligations and liabilities (including, without limitation, indemnities, Fees and interest thereon) of the
`Debtor, whether now existing or hereafter incurred, under, arising out of, or in connection with, the
`Secured Note or otherwise and the due performance and compliance by the Debtor with all of the
`terms, conditions, and agreements contained in the Secured Note; (ii) any and all sums advanced by
`the Secured Party in order to preserve the Collateral or preserve its Lien and security interest in the
`Collateral; (iii) in the event of any proceeding for the collection or enforcement of any indebtedness,
`obligations, or liabilities referred to in clauses (i) and (ii) above, the reasonable expenses of any
`exercise by the Secured Party of its rights hereunder, together with reasonable attorneys’ fees and
`court costs; and (iv) to the extent not otherwise included in clauses (i), (ii), and (iii) above, the
`Debtor’s obligations set forth in Section 22.
`“Patent Collateral” shall mean all Patents, whether now owned or hereafter acquired by the Debtor.
`“Patents” shall mean all patents and patent applications, including, without limitation, the inventions
`and improvements described and claimed therein together with the reissues, divisions, continuations,
`renewals, extensions, and continuations-in-part thereof, all income, royalties, damages, and payments
`now or hereafter due and/or payable under and with respect thereto, including, without limitation,
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`damages and payments for past or future infringements thereof, the right to sue for past, present, and
`future infringements thereof, and all rights corresponding thereto throughout the world.
`“Pledged Equity” shall mean (i) the shares of stock of, or partnership and other ownership interest
`in, any entity, and (ii) all ownership interests of any class or character of a successor entity formed by
`or resulting from a consolidation or merger in which any such issuer is not the surviving entity; in
`each case, whether now or hereafter owned by the Debtor, together with any certificates evidencing
`of the foregoing.
`“Pledged Equity Proceeds” shall mean all shares, securities, moneys, or property representing a
`dividend on any of the Pledged Equity, or representing a distribution or return of capital upon or in
`respect of the Pledged Equity, or resulting from a split-up, revision, reclassification, or other like
`change of the Pledged Equity or otherwise received in exchange therefor, and any subscription
`warrants, rights, or options issued to the holders of, or otherwise in respect of, the Pledged Equity.
`“Proceeds” has the meaning given such term in Section 9.102(a)(65) of the UCC.
`“Promissory Notes” has the meaning given such term in Section 9.102(a)(66) of the UCC.
`“Securities” has the meaning given such term in Section 8.102(a)(15) of the UCC.
`“Securities Account” has the meaning given such term in Section 8.501(a) of the UCC.
`“Securities Intermediary” has the meaning given such term in Section 8.102(a)(14) of the UCC.
`“Security Entitlement” has the meaning given such term in Section 8.102(a)(17) of the UCC.
`“Trademark Collateral” shall mean all Trademarks, whether now owned or hereafter acquired by
`the Debtor. Notwithstanding the foregoing, the Trademark Collateral does not and shall not include
`any Trademark that would be rendered invalid, abandoned, void, or unenforceable by reason of its
`being included as part of the Trademark Collateral.
`“Trademarks” shall mean all trade names, trademarks and service marks, logos, domain names,
`trademark and service mark registrations, and applications for trademark and service mark
`registrations, including, without limitation, all renewals of trademark and service mark registrations,
`all rights corresponding thereto throughout the world, the right to recover for all past, present, and
`future infringements thereof, all other rights of any kind whatsoever accruing thereunder or
`pertaining thereto, together, in each case, with the product lines and goodwill of the business
`connected with the use of, and symbolized by, each such trade name, trademark, and service mark.
`“UCC” shall mean the Uniform Commercial Code as in effect in the State of Texas from time to
`time.
`“Uncertificated Security” has the meaning given such term in Section 8.102(a)(18) of the UCC.
`
`
`Commercial Tort Claims
`
`To the extent that such actions, litigation, proceedings and claims are Commercial Tort Claims,
`all tort claims where the indicated defendants, and each of them, among other things, are alleged
`to have misused, misappropriated and infringed the Intellectual Property rights of the Debtor
`(including any patents and patent rights) including, without limitation, the following:
`
`PersonalWeb Technologies, LLC, Petitioner, v. Patreon, et al., US Supreme Court, Case
`No. 20-1394 - Patents US6928442, US7802310, US8099420, filed April 6, 2021
`Adverse parties, underlying cases at issue (and the patents at issue therein), in this Writ of
`Certiorari:
`
`In re: PersonalWeb Technologies, LLC, 5:18-md-02834 PersonalWeb Technologies, LLC and
`Level 3 Communications, LLC v Buzzfeed, Inc., 5:18-cv-06046 - Patents US6928442,
`US7802310, US8099420
`
`4214928v1 | 101334-0002
`
`

`

`Case 5:18-md-02834-BLF Document 691-3 Filed 06/08/21 Page 12 of 20
`
`
`
`
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC v Dictionary.com, LLC,
`5:18-cv-05606 - Patents US6928442, US7802310, US8099420
`
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC v Oath, Inc., 5:18-cv-
`06044 - Patents US6928442, US7802310, US8099420
`
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC v Patreon, Inc., 5:18-cv-
`005599 - Patents US6928442, US7802310, US8099420
`
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC v Popsugar, Inc., 5:18-cv-
`06612 - Patents US6928442, US7802310, US8099420
`
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC v Vice Media, LLC, 5:18-
`cv-05970 - Patents US6928442, US7802310, US8099420
`
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC v Vox Media, Inc., 5:18-
`cv-05969 - Patents US6928442, US7802310, US8099420
`
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC v Ziff Davis, LLC, 5:18-
`cv-07119 - Patents US6928442, US7802310, US8099420
`
`
`
`In re: PersonalWeb Technologies LLC, United States Court of Appeals for the Federal
`Circuit, Appeal No. 2021-1858, docketed April 16, 2021
`Adverse parties, underlying cases at issue (and the patents at issue therein), in this appeal:
`In re: PersonalWeb Technologies, LLC, 5:18-md-02834
`Amazon Web Services, Inc. and Amazon.com, Inc. v. PersonalWeb Technologies, LLC and
`Level 3 Communications, LLC, 5:18-cv-00767 - Patents US6928442, US7802310, US7945544,
`US8099420, US5978791
`
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC v. Twitch Interactive, Inc.:
`5:18-cv-05619 - Patents US6928442, US7802310, US7945544, US8099420
`
`
`In re: PersonalWeb Technologies LLC, United States Court of Appeals for the Federal
`Circuit, Appeal No. 2020-1566, docketed March 17, 2020
`Adverse parties, underlying cases at issue (and the patents at issue therein), in this appeal:
`In re: PersonalWeb Technologies, LLC, 5:18-md-02834
`Amazon Web Services, Inc. and Amazon.com, Inc. v. PersonalWeb Technologies, LLC and
`Level 3 Communications, LLC, 5:18-cv-00767 - Patents US6928442, US7802310, US7945544,
`US8099420, US5978791
`
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC v. Twitch Interactive, Inc.:
`5:18-cv-05619 - Patents US6928442, US7802310, US7945544, US8099420
`
`
`4214928v1 | 101334-0002
`
`

`

`Case 5:18-md-02834-BLF Document 691-3 Filed 06/08/21 Page 13 of 20
`
`
`
`In re: PersonalWeb Technologies LLC, United States Court of Appeals for the Federal
`Circuit, Appeal No. 2019-1918, docketed May 24, 2019
`Adverse parties, underlying cases at issue (and the patents at issue therein), in this appeal:
`In re: PersonalWeb Technologies, LLC, 5:18-md-02834
`
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC v Buzzfeed, Inc., 5:18-cv-
`06046 - Patents US6928442, US7802310, US8099420
`
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC v Dictionary.com, LLC,
`5:18-cv-05606 - Patents US6928442, US7802310, US8099420
`
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC v Oath, Inc., 5:18-cv-
`06044 - Patents US6928442, US7802310, US8099420
`
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC v Patreon, Inc., 5:18-cv-
`005599 - Patents US6928442, US7802310, US8099420
`
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC v Popsugar, Inc., 5:18-cv-
`06612 - Patents US6928442, US7802310, US8099420
`
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC v Vice Media, LLC, 5:18-
`cv-05970 - Patents US6928442, US7802310, US8099420
`
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC v Vox Media, Inc., 5:18-
`cv-05969 - Patents US6928442, US7802310, US8099420
`
`PersonalWeb Technologies, LLC and Level 3 Communications, LLC v Ziff Davis, LLC, 5:18-
`cv-07119 - Patents US6928442, US7802310, US8099420
`
`Interveners in the Appeal/defendants/declaratory judgment plaintiffs
`Amazon Web Services, Inc. and Amazon.com, Inc. v. PersonalWeb Technologies, LLC and
`Level 3 Communications, LLC, 5:18-cv-00767 - Patents US6928442, US7802310, US7945544,
`US8099420, US5978791, filed February 5, 2018
`
`
`Co-Plaintiff:
`Level 3 Communications, LLC
`
`
`District Court Cases
`All actions filed and maintained against website operator defendants that were part of the master
`patent litigation case (5:18-md-02834):
`1. PersonalWeb Technologies, LLC and Level 3 Communications, LLC v. Airbnb, Inc.:
`5:18-cv-00149, Patents US6928442, US7802310, US7945544, US8099420, filed January
`8, 2018
`2. PersonalWeb Technologies, LLC and Level 3 Communications, LLC v. Amicus FTW,
`Inc.: 5:18-cv-00150, Patents US6928442, US7802310, US7945544, US8099420, filed
`January 8, 2018
`
`4214928v1 | 101334-0002
`
`

`

`Case 5:18-md-02834-BLF Document 691-3 Filed 06/08/21 Page 14 of 20
`
`
`
`3. PersonalWeb