Case 6:20-cv-00272-ADA Document 90-2 Filed 03/20/23 Page 1 of 6
`Case 6:20-cv-00272-ADA Document 90-2 Filed 03/20/23 Page 1 of 6
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`EXHIBIT 1
`EXHIBIT 1
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`Case 6:20-cv-00272-ADA Document 90-2 Filed 03/20/23 Page 1 of 6
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`EXHIBIT 1
`EXHIBIT 1
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`3/20/23, 7:18 PM
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`Mail - Lewis Hudnell - Outlook
`Case 6:20-cv-00272-ADA Document 90-2 Filed 03/20/23 Page 2 of 6
`Re: VoIP-Pal v. Amazon (WDTX 2020)
`Lewis Hudnell <lewis@hudnelllaw.com>
`Fri 3/10/2023 3:03 PM
`To: Shvodian, Daniel T. (PAO) <DShvodian@perkinscoie.com>
`Cc: Tyler, M. Craig (AUS) <CTyler@perkinscoie.com>;Kelley, Christopher L. (PAO)
`<CKelley@perkinscoie.com>;Nick Gikkas <Nick@hudnelllaw.com>;Sean Parmenter
`<sean@parmenterip.com>
`Dan,
`
`Amazon has no legi mate basis to object to entry of a schedule. If Amazon will not agree to entry of a
`schedule, then VoIP-Pal intends to move for entry of the version of the schedule that I last sent you.
`Please confirm whether Amazon will maintain its objec on and oppose the mo on.
`
`Regarding VoIP-Pal's request that Amazon iden fy documents, VoIP-Pal disagrees that it is trying to flip
`the burden of proof. You asserted that "Amazon’s system does not have any rou ng message that
`contains such a [ me to live] field." If Amazon has documents that it believes supports that statement,
`then it is incumbent upon Amazon to iden fy them. Indeed, such documents would be covered by VoIP-
`Pal's RFPs 10, 11, and 14 and ROG 3.
`
`While VoIP-Pal is willing to accept Amazon's produc on in the 2021 case for use in this case, VoIP-Pal will
`agree to do so only under the interim protec ve order and not the protec ve order in the 2021 case.
`VoIP-Pal intends to seek entry of a new protec ve order in this case. Please confirm that VoIP-Pal may
`use these documents under the interim protec ve order.
`
`We intend to file the opposed mo on for reconsidera on today.
`
`Regards,
`
`Lewis E. Hudnell, III
`Hudnell Law Group PC
`t: 650.564.7720
`f: 347.772.3034
`m: 917.861.3494
`e: lewis@hudnelllaw.com
`www.hudnelllaw.com
`
`This e-mail message is intended for the sole use of the intended recipient(s) and may contain
`informa on that is confiden al, privileged and/or a orneys' work product. Any review or distribu on by
`any other person is prohibited. If you are not an intended recipient, please immediately contact the
`sender and delete all copies.
`
`From: Shvodian, Daniel T. (PAO) <DShvodian@perkinscoie.com>
`Sent: Wednesday, March 8, 2023 7:28 PM
`To: Lewis Hudnell <lewis@hudnelllaw.com>
`Cc: Tyler, M. Craig (AUS) <CTyler@perkinscoie.com>; Kelley, Christopher L. (PAO) <CKelley@perkinscoie.com>;
`
`https://outlook.office.com/mail/deeplink?popoutv2=1&version=20230310007.16&view=print
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`1/5
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`Mail - Lewis Hudnell - Outlook
`3/20/23, 7:18 PM
`Case 6:20-cv-00272-ADA Document 90-2 Filed 03/20/23 Page 3 of 6
`Nick Gikkas <Nick@hudnelllaw.com>; Sean Parmenter <sean@parmenterip.com>
`Subject: RE: VoIP-Pal v. Amazon (WDTX 2020)
`
`Lewis,
`
`Amazon maintains that no schedule should be entered if VoIP-Pal cannot iden fy a basis for asser ng that the
`“rou ng message” limita on, as construed by the Court, is met by the accused system. If VoIP-Pal cannot iden fy
`such a basis but intends to seek reconsidera on of the Court’s claim construc on order, then the par es should
`address the case schedule a er the resolu on of that mo on for reconsidera on. Amazon will oppose any such
`mo on for reconsidera on.
`
`In regard to your request that Amazon iden fy proof of noninfringement, you are trying to flip the burden of
`proof and are asking Amazon to prove a nega ve. This is made all the more difficult given VoIP-Pal’s vague and
`deficient infringement conten ons regarding what communica ons VoIP-Pal contends cons tutes the alleged
`“rou ng message.” VoIP-Pal bears the burden to maintain a basis for its infringement allega ons throughout the
`life of this case.
`
`VoIP-Pal is well-aware that Amazon does not charge for Alexa calling. Given that, VoIP-Pal also knows that
`Amazon does not generate any “message” that contains a “ me-to-live field,” which, as I men oned previously,
`the ‘606 patent says “holds a value represen ng the number of seconds the call is permi ed to be ac ve, based
`on subscriber available minutes and other billing parameters.” (‘606 patent at 21:55-60.)
`
`For purposes of discovery in this ac on, Amazon designates that the documents Amazon produced in the 2021
`case are also produced in this case. Should VoIP-Pal believe it needs to confirm Amazon’s posi on regarding the
`“rou ng message” limita on, it is welcome to refer to such produc on to do so.
`
`Regards,
`Dan
`
`
`From: Lewis Hudnell <lewis@hudnelllaw.com>
`Sent: Thursday, March 2, 2023 9:24 AM
`To: Shvodian, Daniel T. (PAO) <DShvodian@perkinscoie.com>
`Cc: Tyler, M. Craig (AUS) <CTyler@perkinscoie.com>; Kelley, Christopher L. (PAO) <CKelley@perkinscoie.com>;
`Nick Gikkas <Nick@hudnelllaw.com>; Sean Parmenter <sean@parmenterip.com>
`Subject: Re: VoIP-Pal v. Amazon (WDTX 2020)
`
`Dan,
`
` I
`
` accepted your changes and made a couple of changes to allow more me to finish expert discovery.
`Please let me know if these changes are agreeable.
`
`Regarding the rou ng message issue, VoIP-Pal intends to move for reconsidera on of the Court's claim
`construc on order, specifically to request that the me to live field be dropped from the construc on. I
`assume that Amazon opposes the mo on but please let me know if you would like to meet and confer
`on the issue.
`
`In the mean me, please provide the Bates numbers of whatever documents Amazon has produced in
`this case that support your statement that "Amazon’s system does not have any rou ng message that
`contains such a [ me to live] field."
`
`Many thanks.
`
`https://outlook.office.com/mail/deeplink?popoutv2=1&version=20230310007.16&view=print
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`2/5
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`Mail - Lewis Hudnell - Outlook
`Case 6:20-cv-00272-ADA Document 90-2 Filed 03/20/23 Page 4 of 6
`
`3/20/23, 7:18 PM
`
`Lewis E. Hudnell, III
`Hudnell Law Group PC
`t: 650.564.7720
`f: 347.772.3034
`m: 917.861.3494
`e: lewis@hudnelllaw.com
`www.hudnelllaw.com
`
`This e-mail message is intended for the sole use of the intended recipient(s) and may contain
`informa on that is confiden al, privileged and/or a orneys' work product. Any review or distribu on by
`any other person is prohibited. If you are not an intended recipient, please immediately contact the
`sender and delete all copies.
`
`
`From: Shvodian, Daniel T. (PAO) <DShvodian@perkinscoie.com>
`Sent: Monday, February 27, 2023 10:36 AM
`To: Lewis Hudnell <lewis@hudnelllaw.com>
`Cc: Tyler, M. Craig (AUS) <CTyler@perkinscoie.com>; Kelley, Christopher L. (PAO) <CKelley@perkinscoie.com>;
`Nick Gikkas <Nick@hudnelllaw.com>; Sean Parmenter <sean@parmenterip.com>
`Subject: RE: VoIP-Pal v. Amazon (WDTX 2020)
`
`Lewis,
`
`Thank you for the dra schedule. We have proposed edits in the a ached. The change of dates in October is to
`accommodate a pre-scheduled trip I have planned to be out of the country. We also moved some later dates in
`the schedule to preclude filings being due immediately a er the winter holidays. We also propose that Amazon
`will respond to the outstanding discovery requests within two weeks a er the Court enters the schedule.
`
`But before Amazon will agree to this schedule, we want to know what basis, if any, VoIP-Pal has for con nuing
`with this case. The Court construed “rou ng message” to require a “ me to live field.” The ‘606 patent explicitly
`states that the “ me to live” field “holds a value represen ng the number of seconds the call is permi ed to be
`ac ve, based on subscriber available minutes and other billing parameters.” (‘606 patent at 21:55-60.) Amazon’s
`system does not have any rou ng message that contains such a field.
`
` I
`
` understand that VoIP-Pal disagrees with that claim construc on. If so, the appropriate steps would be to
`s pulate to a final judgment of noninfringement and then appeal the construc on of “rou ng message.” It is not
`appropriate for VoIP-Pal to con nue this li ga on and cause Amazon to incur addi onal, unnecessary expense if
`VoIP-Pal has no basis for contending that the “rou ng message” limita on is met.
`
`So please let us know VoIP-Pal’s basis for contending that the limita on is met in the accused system, or please
`agree to s pulate to a final judgment of noninfringement and then raise VoIP-Pal’s issue on appeal.
`
`Regards,
`Dan
`
`
`From: Lewis Hudnell <lewis@hudnelllaw.com>
`Sent: Monday, February 27, 2023 7:04 AM
`To: Shvodian, Daniel T. (PAO) <DShvodian@perkinscoie.com>
`Cc: Tyler, M. Craig (AUS) <CTyler@perkinscoie.com>; Kelley, Christopher L. (PAO) <CKelley@perkinscoie.com>;
`Valen ne, James (PAO) <JValen ne@perkinscoie.com>; Nick Gikkas <Nick@hudnelllaw.com>; Sean Parmenter
`
`https://outlook.office.com/mail/deeplink?popoutv2=1&version=20230310007.16&view=print
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`3/5
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`3/20/23, 7:18 PM
`Mail - Lewis Hudnell - Outlook
`Case 6:20-cv-00272-ADA Document 90-2 Filed 03/20/23 Page 5 of 6
`<sean@parmenterip.com>
`Subject: Re: VoIP-Pal v. Amazon (WDTX 2020)
`
`Dan,
`
` I
`
` don't believe that we received a response on the schedule. Please advise. Many thanks.
`
`
`Lewis E. Hudnell, III
`Hudnell Law Group PC
`t: 650.564.7720
`f: 347.772.3034
`m: 917.861.3494
`e: lewis@hudnelllaw.com
`www.hudnelllaw.com
`
`This e-mail message is intended for the sole use of the intended recipient(s) and may contain
`informa on that is confiden al, privileged and/or a orneys' work product. Any review or distribu on by
`any other person is prohibited. If you are not an intended recipient, please immediately contact the
`sender and delete all copies.
`
`From: Shvodian, Daniel T. (PAO) <DShvodian@perkinscoie.com>
`Sent: Friday, February 17, 2023 4:51 PM
`To: Lewis Hudnell <lewis@hudnelllaw.com>
`Cc: Tyler, M. Craig (AUS) <CTyler@perkinscoie.com>; Kelley, Christopher L. (PAO) <CKelley@perkinscoie.com>;
`Valen ne, James (PAO) <JValen ne@perkinscoie.com>; Nick Gikkas <Nick@hudnelllaw.com>; Sean Parmenter
`<sean@parmenterip.com>
`Subject: RE: VoIP-Pal v. Amazon (WDTX 2020)
`
`Lewis,
`
` am coordina ng with my client and will get you a response next week.
`
`
`Dan
`
`From: Lewis Hudnell <lewis@hudnelllaw.com>
`Sent: Wednesday, February 15, 2023 8:30 PM
`To: Shvodian, Daniel T. (PAO) <DShvodian@perkinscoie.com>
`Cc: Tyler, M. Craig (AUS) <CTyler@perkinscoie.com>; Kelley, Christopher L. (PAO) <CKelley@perkinscoie.com>;
`Valen ne, James (PAO) <JValen ne@perkinscoie.com>; Nick Gikkas <Nick@hudnelllaw.com>; Sean Parmenter
`<sean@parmenterip.com>
`Subject: VoIP-Pal v. Amazon (WDTX 2020)
`
`Dan,
`
`Please see the a ached proposed amended scheduling order for the 2020 case. It tracks the Court's
`default me periods based on today's Markman hearing except that I added a week to avoid the
`holidays. Please let me know if the dates are agreeable to Amazon and please also let me know
`Amazon's proposed date for responding to the pending discovery. Many thanks.
`
`
` I
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`https://outlook.office.com/mail/deeplink?popoutv2=1&version=20230310007.16&view=print
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`4/5
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`
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`3/20/23, 7:18 PM
`
`Mail - Lewis Hudnell - Outlook
`Case 6:20-cv-00272-ADA Document 90-2 Filed 03/20/23 Page 6 of 6
`
`This e-mail message is intended for the sole use of the intended
`recipient(s) and may contain informa on that is confiden al,
`privileged and/or a orneys' work product. Any review or distribu on by
`any other person is prohibited. If you are not an intended recipient,
`please immediately contact the sender and delete all copies.
`
`
`
`NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply
`email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
`
`
`NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply
`email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
`
`NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply
`email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
`
`https://outlook.office.com/mail/deeplink?popoutv2=1&version=20230310007.16&view=print
`
`5/5
`
`
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