Case 5:18-md-02834-BLF Document 875 Filed 05/05/23 Page 1 of 5
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`TODD R. GREGORIAN (CSB No. 236096)
`tgregorian@fenwick.com
`CHRISTOPHER S. LAVIN (CSB No. 301702)
`clavin@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.
`
`MICHAEL J. BARATZ (PHV)
`mbaratz@steptoe.com
`EMMA S. MARSHAK (PHV)
`emarshak@steptoe.com
`STEPTOE & JOHNSON LLP
`1330 Connecticut Avenue, NW
`Washington, DC 20036
`Telephone: 202.288.8106
`Facsimile: 202.261.0557
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
`IN RE: PERSONALWEB TECHNOLOGIES,
`LLC ET AL., PATENT LITIGATION,
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`AMAZON.COM, INC., and AMAZON WEB
`SERVICES, INC.,
`Plaintiffs,
`
`v.
`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`Defendants.
`
`
`
`Case No.: 5:18-md-02834-BLF
`Case No.: 5:18-cv-00767-BLF
`Case No. 5:18-cv-05619-BLF
`DECLARATION OF STEPHEN B.
`KINNAIRD IN SUPPORT OF THE
`FURTHER SUPPLEMENTAL FEES
`REQUEST OF AMAZON.COM, INC.,
`AMAZON WEB SERVICES, INC., AND
`TWITCH INTERACTIVE, INC.
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`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`Plaintiffs,
`
`v.
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`TWITCH INTERACTIVE, INC.,
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`Defendant.
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`KINNAIRD DECL. ISO
`SUPPLEMENTAL FEES (MAY 2023)
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`CASE NOS.: 5:18-md-02834-BLF;
`5:18-cv-00767-BLF; 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 875 Filed 05/05/23 Page 2 of 5
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`I, Stephen B. Kinnaird, declare as follows:
`1.
`I am a partner at the law firm Paul Hastings LLP, attorneys of record for
`Amazon.com, Inc., Amazon Web Services, Inc., and Twitch Interactive, Inc. (collectively
`“Amazon”) before the Supreme Court in PersonalWeb Tech., LLC v. Patreon, Inc., No. 20-1394.
`I make this declaration in support of Amazon’s further request for supplemental fees under 35
`U.S.C. § 285 for fees that Amazon has incurred since the date of its last submission. (Dkt. 853.) I
`have personal knowledge of the facts set forth herein.
`2.
`Paul Hastings, LLP is a firm of approximately 1,000 attorneys with more than 70
`years of practice. The firm has established practice groups dedicated to white collar and
`government disputes, energy, infrastructure, and intellectual property matters, among many others.
`3.
`Paul Hastings, a law firm with an esteemed federal appellate practice in Washington
`D.C., and specifically the below attorneys based in Washington, D.C., were appropriate counsel for
`this action. I am highly experienced in practicing before the Supreme Court. Paul Hastings’
`contributed substantially to the Supreme Court action, in which Amazon successfully defeated
`PersonalWeb’s petition for writ of certiorari on the Kessler doctrine issue with the Supreme Court
`denying the petition.
`4.
`The Paul Hastings attorneys who worked more than a nominal amount on this matter
`are identified below, along with a summary of their experience and qualifications. Additionally,
`copies of the attorneys’ biographies as they appear on the Paul Hastings website are attached as
`Exhibit A.
`
`a. Stephen Kinnaird: Mr. Kinnaird, a partner at Paul Hastings LLP, is a
`member in good standing with the New York State Bar and District of Columbia Bar and has
`practiced appellate law in the District of Columbia since 1996, including numerous cases in the
`U.S. Supreme Court. Mr. Kinnaird’s rate on this matter was $1,500 per hour for all work performed
`in 2021. Mr. Kinnaird’s responsibilities on this case included devising appellate strategy,
`developing legal arguments, coordinating and reviewing associate work, and drafting pleadings.
`b. Tor O. Tarantola: Mr. Tarantola, an associate at Paul Hastings LLP, is a
`member in good standing with the District of Columbia Bar and has practiced appellate law in the
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`KINNAIRD DECL. ISO
`SUPPLEMENTAL FEES (MAY 2023)
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`1
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`CASE NOS.: 5:18-md-02834-BLF;
`5:18-cv-00767-BLF; 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 875 Filed 05/05/23 Page 3 of 5
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`District of Columbia since 2020. Mr. Tarantola’s rate on this matter was $725 per hour for all work
`performed in 2021. Mr. Tarantola’s responsibilities on this case included drafting pleadings.
`5.
`this
`Retention of experienced Supreme Court counsel was prudent
`in
`matter. Supreme Court counsel provides expertise in Supreme Court procedure and also strategy
`for opposing petitions for certiorari in the Supreme Court based on knowledge of the Court’s
`practices. PersonalWeb had retained one of the nation’s leading Supreme Court practitioners,
`Jeffrey Lamken of MoloLamken, as lead counsel on its Supreme Court petition. Mr. Lamken, a
`former Assistant to the Solicitor General of the United States, has argued 27 cases before the
`Supreme Court. (Exhibit B.) MoloLamken’s petition for certiorari on behalf of PersonalWeb
`argued that the Federal Circuit’s decision in this case misunderstood Kessler v. Eldred, 206 U.S.
`285 (1907), as a special patent-specific preclusion rule in conflict with Supreme Court
`precedent. (Exhibit C.) I assisted Amazon in developing the counternarrative, based on Supreme
`Court precedent and research into equity jurisprudence, that Kessler represented an application of
`core equitable principles regarding the vindication of judgments. (Exhibit D.) The Supreme Court
`called for the views of the Solicitor General. (Exhibit E.) Drawing on experience in representing
`clients in meetings with the Solicitor General, I assisted Amazon in developing and executing a
`strategy for soliciting the Solicitor’s recommendation to deny PersonalWeb’s petition. The
`Solicitor General ultimately recommended denial, and the Supreme Court denied certiorari on May
`16, 2022. (Id.)
`Exbibit F is a copy of all monthly Paul Hastings invoices to Amazon for work
`6.
`performed on this matter from June 2021 through June 2022, reflecting the work of each timekeeper
`at Paul Hastings who billed to this matter during that time period.
`7.
`In my role, I am familiar with Paul Hastings’ business and billing practices. Paul
`Hastings attorneys routinely practice in appellate matters, including high-stakes patent litigation
`raising novel legal issues like this action. In my opinion, the billable rates charged by the specific
`attorneys on this case are reasonable for their respective levels of expertise and as compared to
`other law firms with similar experience in the District of Columbia.
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`KINNAIRD DECL. ISO
`SUPPLEMENTAL FEES (MAY 2023)
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`2
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`CASE NOS.: 5:18-md-02834-BLF;
`5:18-cv-00767-BLF; 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 875 Filed 05/05/23 Page 4 of 5
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`8.
`Paul Hastings is highly regarded in its handling of, among other things, intellectual
`property and complex litigation. For example, over the past year Paul Hastings was:
`a. Selected as a top firm for Intellectual Property: Patent by Chambers Global
`(2023);
`b. Ranked in Intellectual Property: Patent Litigation by Chambers USA (2022);
`and
`c. Recognized as one of the top Intellectual Property practices by IAM Patent
`1000 (2022).
`9.
`Federal courts nationwide have found Paul Hastings’ rates to be reasonable for
`bankruptcy or litigation of similar or lesser complexity than the Supreme Court proceeding. See
`Allcapcorp Ltd. v. CHC Consulting LLC, No. SACV 19-00206 JVS(JDEx), 2020 WL 4760183, at
`*4 (C.D. Cal. June 18, 2020) (slip op.) (“Based on the evidence submitted, the nature of this dispute,
`and the Court’s knowledge and experience, the Court finds that the hourly rates billed by [Paul
`Hastings] were reasonable and commensurate with the respective attorneys’ experience and skill.”),
`aff’d, 2021 WL 3667230 (9th Cir. Aug. 18, 2021); East West Bank v. Shanker, No. 20-cv-07364-
`WHO, 2021 WL 6049912, at *6 (N.D. Cal. Dec. 20, 2021) (slip op.) (stating “the higher-than-
`average billing rates of [Paul Hastings] counsel are reasonable given the super-charged rates of
`large firms in the Bay Area that clients pay”); In re EHT US1, Inc., No. 21-10036 (CSS), Dkt. 280
`at 2 (Bankr. Del. Feb. 24, 2021) (approving retention of Paul Hastings whereby “Paul Hastings will
`charge its regular hourly rates in effect from time to time, as such rates may be increased
`periodically, annually or otherwise”); In re FTX Trading Ltd., No. 22-11068 (JTD), Dkt. 635 at 3
`(Bankr. Del. Feb. 7, 2023) (approving retention of Paul Hastings whereby “Paul Hastings shall be
`compensated for its services…at its regular hourly rates in effect from time to time, as such rates
`may be increased periodically”). Attached as Exhibit G are copies of these orders.
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`KINNAIRD DECL. ISO
`SUPPLEMENTAL FEES (MAY 2023)
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`3
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`CASE NOS.: 5:18-md-02834-BLF;
`5:18-cv-00767-BLF; 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 875 Filed 05/05/23 Page 5 of 5
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
`true and correct. Executed in Washington, District of Columbia on this 4th day of May, 2023.
`
`
`/s/ Stephen B. Kinnaird
`Stephen B. Kinnaird
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`CERTIFICATION OF CONCURRENCE IN FILING
`I, Todd R. Gregorian, am the ECF user whose identification and password are being used
`to file this Declaration. In compliance with Civil L.R. 5-1(h)(3), I hereby attest that Stephen B.
`Kinnaird has concurred in this filing.
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`Dated: May 5, 2023
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`By: /s/ Todd R. Gregorian______
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` Todd R. Gregorian
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`KINNAIRD DECL. ISO
`SUPPLEMENTAL FEES (MAY 2023)
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`4
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`CASE NOS.: 5:18-md-02834-BLF;
`5:18-cv-00767-BLF; 5:18-cv-05619-BLF
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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