`
`Case 5:18-md-02834-BLF Document 698 Filed 07/14/21 Page 1 of 2
`
`
`
`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
`
`REQUEST OF AMAZON.COM, INC.,
`AMAZON WEB SERVICES, INC., AND
`TWITCH INTERACTIVE, INC. FOR
`ENTRY OF JUDGMENT PURSUANT
`TO FEDERAL RULE OF CIVIL
`PROCEDURE 58(d)
`
`
`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.
`
`TWITCH INTERACTIVE, INC.,
`
`Defendant.
`
`
`
`
`
`AMAZON AND TWITCH REQUEST FOR ENTRY
`OF JUDGMENT
`
`
`
`CASE NOS. 5:18-md-02834-BLF,
`5:18-cv-00767-BLF, and
`5:18-cv-05619-BLF
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`ATTORNEYS AT LAW
`
`FENWICK & WEST LLP
`
`
`
`
`
`
`Case 5:18-md-02834-BLF Document 698 Filed 07/14/21 Page 2 of 2
`
`
`
`Amazon.com, Inc., Amazon Web Services, Inc., and Twitch Interactive, Inc. (collectively,
`“Amazon”) request that the Court enter a separate judgment under Federal Rule of Civil Procedure
`58(d). On March 2, 2021, the Court awarded Amazon $4,615,242.28 in attorney fees and
`$203,300.10 in non-taxable costs. (Dkt. 648.) On April 19, 2021, the Court granted an additional
`$571,961.71 in attorney fees and $11,120.97 in non-taxable costs in a separate order. (Dkt. 656.)
`Although the Federal Rules provide that the Court’s attorney fee orders have the same effect as a
`judgment (see Fed. R. Civ. P. 58(a)(3)), Amazon requires a separate judgment to enforce the
`Court’s award in other forums.
`
`The amount of post-judgment interest that has accrued since entry of the fee orders is
`$1,497.62. Under 28 U.S.C. § 1961, post-judgment interest “shall be calculated from the date of
`the entry of the judgment, at a rate equal to the weekly average 1-year constant maturity Treasury
`yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week
`preceding the date of the judgment.” The weekly average for the calendar week preceding entry of
`the March 2, 2021 order was 0.08% (see https://www.federalreserve.gov/releases/H15/), and there
`are 134 days between that order and this Application, including the filing date of July 14, 2021.
`$1,415.19 of interest has accrued on this portion of the award. The weekly average for the calendar
`week preceding entry of the April 19, 2021 order was 0.06%, and there are 86 days between that
`order and this Application. $82.43 of interest has accrued on this portion of the award. Amazon
`submits herewith a proposed form of judgment.
`
`On July 13, counsel for Amazon contacted counsel for PersonalWeb to ask whether
`PersonalWeb had any objections to the request and proposed judgment. PersonalWeb has not yet
`provided any objections to date.
`
`Dated: July 14, 2021
`
`Respectfully submitted,
`
`FENWICK & WEST LLP
`
`
`By: /s/Todd R. Gregorian
`TODD R. GREGORIAN (CSB No. 236096)
`
`Attorneys for AMAZON.COM, INC.,
`AMAZON WEB SERVICES, INC., and
`TWITCH INTERACTIVE, INC.
`CASE NOS. 5:18-md-02834-BLF,
`5:18-cv-00767-BLF, and
`5:18-cv-05619-BLF
`
`1
`
`AMAZON AND TWITCH REQUEST FOR ENTRY
`OF JUDGMENT
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`ATTORNEYS AT LAW
`
`FENWICK & WEST LLP
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
