Case 5:18-md-02834-BLF Document 833 Filed 01/05/23 Page 1 of 3
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`Thomas M. Robins III (State Bar No. 054423)
`Trobins@frandzel.com
`Michael G. Fletcher (State Bar No. 070849)
`mfletcher@frandzel.com
`Bruce D. Poltrock (State Bar No. 162448)
`bpoltrock@frandzel.com
`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`1000 Wilshire Boulevard, Nineteenth Floor
`Los Angeles, California 90017-2427
`Telephone: (323) 852-1000
`Facsimile: (323) 651-2577
`
`Attorneys for Third Parties BRILLIANT DIGITAL
`ENTERTAINMENT, INC.; MONTO HOLDINGS
`PTY. LTD.
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`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
`IN RE: PERSONAL WEB TECHNOLOGIES,
`LLC ET AL., PATENT LITIGATION,
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`AMAZON.COM, INC., and AMAZON WEB
`SERVICES, INC.,
`Plaintiffs
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`v.
`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`Defendants.
`
`PERSONALWEB TECHNOLOGIES, LLC, and
`LEVEL 3 COMMUNICATIONS, LLC,
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`Plaintiffs,
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`v.
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`TWITCH INTERACTIVE, INC.,
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`Defendant.
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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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`RESPONSE OF BRILLIANT DIGITAL
`ENTERTAINMENT, INC. TO STATUS
`REPORT FILED BY AMAZON [DKT.
`823]
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`Date: January 6, 2023
`Time: 1:30 p.m.
`Judge: Hon. Susan van Keulen
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`1
`4804120v1 | 101334-0002
`Case No. 5:18-md-02834-BLF
`RESPONSE OF BRILLIANT DIGITAL ENTERTAINMENT, INC. TO STATUS REPORT
`FILED BY AMAZON [DKT. 823]
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`(323) 852‐1000 
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`LOS ANGELES, CALIFORNIA 90017‐2427 
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`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR 
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`FRANDZEL ROBINS BLOOM & CSATO, L.C. 
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`Case 5:18-md-02834-BLF Document 833 Filed 01/05/23 Page 2 of 3
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`TO THE COURT AND CLERK:
`Third Party, Brilliant Digital Entertainment, Inc. ("BDE"), Secured Lender, respectfully
`submits this partial response to the "Status Report" filed by Amazon January 3, 2023, specifically
`regarding the statements at p. 2:10-18 regarding the emails between BDE's counsel, Frandzel
`Robins Bloom & Csato, L.C. ("FRBC") and Michael Weiss, two of which were not originally
`produced to Amazon as part of the response to Amazon's subpoenas directed to the Third Party
`Secured Lenders.
`By this response, BDE would like the Court to consider the following points: (1) Counsel
`for BDE has investigated the issue of the two emails not having been produced, reported back to
`Amazon's counsel on January 4, 2023, and is working with the IT vendor for FRBC to rectify the
`matter and produce any further documents in response to Amazon's subpoena to FRBC's clients
`that called for documents on the FRBC email system.
`(2)
`Amazon's pretended shock and dismay at discovering, supposedly for the first time
`in December 2022, that Secured Lenders and PersonalWeb ("PW") had amended the decade-long
`security interests held by Secured Lenders in PW's IP and other assets shortly before applying for
`the receivership in the state court Receivership Action, is just that -- a pretense. In response to
`Amazon's subpoenas in June 2022, Secured Lenders produced detailed records showing all of the
`documents regarding the secured loans with PW, including the amended security agreements and
`UCC public filings dated in late April 2021. Thus, the facts and substance of the amendments
`were hardly "newly discovered," as Amazon's would have the Court believe, and were produced
`wholly independent of the newly produced email.
`(3)
`After a year plus effort -- unopposed by Secured Lenders -- Amazon has now
`received permission to intervene in the state court Receivership Action and has filed and served its
`complaint in intervention asserting against PW and Secured Lenders its claims of supposed
`wrongdoing and nefarious conduct. Amazon will now have to prove its claims (including the
`claim that the amendments to the security agreement were somehow wrongful) by admissible
`evidence -- in the vernacular, "put up or shut up" -- rather than litigate its supposed claims in one-
`line snippets in "Status Reports" and other filings where same are not subject to full evidentiary
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`2
`4804120v1 | 101334-0002
`Case No. 5:18-md-02834-BLF
`RESPONSE OF BRILLIANT DIGITAL ENTERTAINMENT, INC. TO STATUS REPORT
`FILED BY AMAZON [DKT. 823]
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`(323) 852‐1000 
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`LOS ANGELES, CALIFORNIA 90017‐2427 
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`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR 
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`FRANDZEL ROBINS BLOOM & CSATO, L.C. 
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`Case 5:18-md-02834-BLF Document 833 Filed 01/05/23 Page 3 of 3
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`challenge.
`The problem with the FRBC efforts to identify and produce the two Weiss emails
`(4)
`described in the Status Report was a problem with FRBC and the production protocols from its
`own records -- not any problem or issue as to the individual Secured Lenders or the Stubbs firm.
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`Dated: January 5, 2023
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`Respectfully submitted,
`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`THOMAS M. ROBINS III
`MICHAEL G. FLETCHER
`BRUCE D. POLTROCK
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`By: /s THOMAS M. ROBINS III
`THOMAS M. ROBINS III
`Attorneys for Third Parties BRILLIANT
`DIGITAL ENTERTAINMENT, INC.; and
`MONTO HOLDINGS PTY. LTD.
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`4804120v1 | 101334-0002
`Case No. 5:18-md-02834-BLF
`RESPONSE OF BRILLIANT DIGITAL ENTERTAINMENT, INC. TO STATUS REPORT
`FILED BY AMAZON [DKT. 823]
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`(323) 852‐1000 
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`LOS ANGELES, CALIFORNIA 90017‐2427 
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`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR 
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`FRANDZEL ROBINS BLOOM & CSATO, L.C. 
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