`
`
`
`Robert M. Charles, Jr. (admitted pro hac vice)
`RCharles@lewisroca.com
`Patrick Emerson McCormick (CA Bar #307298)
`PMcCormick@lewisroca.com
`LEWIS ROCA ROTHGERBER CHRISTIE LLP
`One South Church Avenue, Suite 2000
`Tucson, AZ 85701-1611
`Tel:
`520.622.2090
`Fax: 520.622.3088
`Attorneys for PersonalWeb Technologies, LLC
`
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`
`IN RE PERSONALWEB TECHNOLOGIES,
`LLC, ET., AL., PATENT LITIGATION,
`
`CASE NO. 5:18-md-02834-BLF
`Case No. 5:18-cv-0767-BLF
`Case No. 5:18-cv-05619-BLF
`DECLARATION OF PATRICK
`EMERSON MCCORMICK IN
`SUPPORT OF PERSONALWEB
`TECHNOLOGIES, LLC’S RESPONSE
`TO FURTHER SUPPLEMENTAL
`FEES REQUEST OF AMAZON.COM,
`INC., AMAZON WEB SERVICES,
`INC., AND TWITCH INTERACTIVE,
`INC.
`
`
`
`
`AMAZON.COM, INC. and AMAZON WEB
`SERVICE, INC.,
`
`
`
`
`v.
`
`PERSONALWEB TECHNOLOGIES, LLC, et
`al.,
`
`
`
`
`
`
`
`Plaintiffs,
`
`Defendants.
`
`
`
`
`
`
`
`
`
`
`
`Plaintiffs
`
`
`PERSONAL WEB TECHNOLOGIES, LLC, et
`al.,
`
`
`
`v.
`
`TWITCH INTERACTIVE, INC.,
`
`
`
`
`
`Defendant.
`
`
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`Tucson, AZ 85701-1611
`One South Church Avenue, Suite 2000
`
`
`
`
`121815262.1
`
`
`
`
`
` 5:18-MD-02834-BLF
`
`
`
`
`Case 5:18-md-02834-BLF Document 888 Filed 07/14/23 Page 2 of 3
`
`
`
`DECLARATION OF PATRICK EMERSON MCCORMICK
`I, Patrick Emerson McCormick, am an associate at the law firm of Lewis Roca Rothgerber
`Christie LLP, counsel of record for PersonalWeb Technologies, LLC. I submit this declaration in
`support of PersonalWeb’s Response to the Further Supplemental Fees Request of Amazon.com,
`Inc., Amazon Web Services, Inc., and Twitch Interactive, Inc. I have personal knowledge of the
`facts stated herein, and could testify competently to them if called to do so.
`1.
`Clio conducts an economic survey that includes billing rates for attorneys by state
`and practice area. Relevant excerpted portions from Clio’s 2021 survey are attached hereto as
`Exhibit 1.
`Attached hereto as Exhibit 2 is an exemplar in which I used the data provided by
`2.
`Amazon in the Declaration of Todd Gregorian (Dkt. 873 at 5:1-6:2) (“Gregorian Decl.”) (with
`entries for attorneys from Paul Hastings and Steptoe & Johnson removed) to calculate the number
`of hours Amazon’ attorneys at Fenwick & West billed, the total fees Amazon seeks to recover for
`its Fenwick and West attorneys, the effective hourly rate for these attorneys, and their proper rate
`for post-judgment enforcement and collections work give their lack of experience in post-
`judgment enforcement. All data that I created from Amazon’s data is highlighted in yellow.
`
`Dated this 14th day of July, 2023.
`
`
`
`
`LEWIS ROCA ROTHGERBER CHRISTIE LLP
`
`By: /s/ Patrick Emerson McCormick
`Robert M. Charles, Jr.
`Patrick Emerson McCormick
`Attorneys for PersonalWeb Technologies, Inc.
`
`
`
`
`
`
`
`
`McCormick Decl. ISO Response to Supp. Fees Request
`- 2 -
`121815262.1
`
`
`
` 5:18-MD-02834-BLF
`
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`Tucson, AZ 85701-1611
`One South Church Avenue, Suite 2000
`
`
`
`
`
`Case 5:18-md-02834-BLF Document 888 Filed 07/14/23 Page 3 of 3
`
`
`
`PROOF OF SERVICE
`
`I, Renee Creswell, declare:
`I am a citizen of the United States and employed in Pima County, Arizona. I am over the
`age of eighteen years and not a party to the within-entitled action. My business address is One
`South Church Avenue, Suite 2000, Tucson, Arizona 85701-1611.
`On July 14, 2023, I electronically transmitted the following document:
`DECLARATION OF PATRICK EMERSON MCCORMICK IN
`SUPPORT OF PERSONALWEB TECHNOLOGIES, LLC’S
`RESPONSE TO FURTHER SUPPLEMENTAL FEES REQUEST
`OF AMAZON.COM, INC., AMAZON WEB SERVICES, INC.,
`AND TWITCH INTERACTIVE, INC.
`
`to the Clerk’s office using the CM/ECF System for filing and served through the Notice of
`Electronic Filing automatically generated by the Court’s facilities.
`
`I declare under penalty of perjury under the laws of the State of Arizona that the above is
`
`true and correct.
`Executed on July 14, 2023, at Tucson, Arizona.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Renee Creswell
`Renee Creswell
`
`
`
`McCormick Decl. ISO Response to Supp. Fees Request
`- 3 -
`121815262.1
`
`
`
` 5:18-MD-02834-BLF
`
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`Tucson, AZ 85701-1611
`One South Church Avenue, Suite 2000
`
`
`
`
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