`
`
`
`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
`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.
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
`IN RE: PERSONALWEB 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.
`
`Case No. 5:18-md-02834-BLF
`Case No. 5:18-cv-00767-BLF
`Case No. 5:18-cv-05619-BLF
`STATEMENT OF RECENT DECISION
`OF AMAZON.COM, INC., AMAZON
`WEB SERVICES, INC., AND TWITCH
`INTERACTIVE, INC.
`
`Date: November 16, 2023
`Time: 9:00 a.m.
`Place: Courtroom 3, 5th Floor
`Judge: Hon. Beth L. Freeman
`
`AMZ STATEMENT OF RECENT DECISION
`
`
`
`
`
`CASE NOS.: 5:18-md-02834-BLF;
`5:18-cv-00767-BLF; 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 904 Filed 11/06/23 Page 2 of 2
`
`
`
`TO THE COURT, THE PARTIES, AND ALL COUNSEL OF RECORD:
`
`Defendants Amazon.com, Inc., Amazon Web Services, Inc., and Twitch Interactive, Inc.
`
`(collectively, “Amazon”) respectfully submit this Statement of Recent Decision pursuant to Civil
`
`L.R. 7-3(d)(2) in connection with their motion for further supplemental fees (Dkt. No. 880).
`
`Attached as Exhibits 1 & 2 are a true and correct copy of the Federal Circuit opinion and judgment
`
`issued in In re: PersonalWeb Techs., LLC, No. 21-1858 (Fed. Cir. Nov. 3, 2023), affirming this
`
`Court’s finding that this case was exceptional under 35 U.S.C. § 285 and its award of attorney fees
`
`(Dkt. Nos. 636, 648 & 656). The Federal Circuit affirmed the exceptional case determination on
`
`all five grounds relied upon by this Court (see Ex. 1 at 7-22), including that PersonalWeb had
`
`brought objectively baseless claims against scores of Amazon customers that were barred by an
`
`earlier judgment against Amazon. It ruled that the Court was “thorough and well-reasoned,” in
`
`setting the amount of the award, which included fees incurred for work on the claim and Kessler
`
`preclusion issues. Id. at 23-24. This ruling is relevant to PersonalWeb’s argument that the Court
`
`should deny recovery of supplemental fees on these issues because its position was purportedly
`
`“not as objectively baseless” as the Court concluded. (See Dkt. No. 889-1 at 8.)
`
`
`
`Dated: November 6, 2023
`
`
`
`
`
`
`
`
`FENWICK & WEST LLP
`
`By: /s/ Todd R. Gregorian
` Todd R. Gregorian
`
`
`
`
`
`Attorney for AMAZON.COM, INC.,
`AMAZON WEB SERVICES, INC., and
`TWITCH INTERACTIVE, INC.
`
`
`
`
`
`AMZ STATEMENT OF RECENT DECISION
`
`
`
`1
`
`CASE NOS.: 5:18-md-02834-BLF;
`5:18-cv-00767-BLF; 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
`
`
`
`
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
