Case 6:20-cv-00272-ADA Document 92-2 Filed 03/27/23 Page 1 of 8
`Case 6:20-cv-00272-ADA Document 92-2 Filed 03/27/23 Page 1of8
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`EXHIBIT A
`EXHIBIT A
`
`

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`Case 6:20-cv-00272-ADA Document 92-2 Filed 03/27/23 Page 2 of 8
`
`From:
`To:
`Cc:
`Subject:
`Date:
`Attachments:
`
`Shvodian, Daniel T. (PAO)
`Lewis Hudnell
`Tyler, M. Craig (AUS); Kelley, Christopher L. (PAO); Nick Gikkas; Sean Parmenter
`RE: VoIP-Pal v. Amazon (WDTX 2020)
`Tuesday, March 14, 2023 11:03:39 AM
`image001.png
`
`Lewis,
`
`VoIP-Pal has chosen to extend the claim construction proceedings by seeking reconsideration, and
`VoIP-Pal cannot justify taking broad discovery while its motion for reconsideration is pending. If
`Judge Albright reverses his claim construction (which Amazon believes is unlikely), Amazon will agree
`to the entry of a case schedule. If Judge Albright does not reverse his claim construction, the parties
`can enter a stipulation of noninfringement, and VoIP-Pal can take the issue up on appeal.
`
`To enter a schedule now and proceed with discovery while VoIP-Pal’s motion for reconsideration is
`pending would unreasonably multiply the proceedings and cause the parties and the Court to incur
`unnecessary burden and expense because VoIP-Pal cannot prove that Amazon infringes under the
`Court’s claim construction. That construction requires that the “routing message” has a “Time-to-
`Live” field, and as VoIP-Pal noted in its motion for reconsideration, the Time-to-Live field “holds a
`value representing the number of seconds the call is permitted to be active, based on subscriber
`available minutes and other billing parameters.” (Motion at 4 (emphasis in original).)
`
`VoIP-Pal bears the burden to identify a basis for its infringement allegation in light of the Court’s
`claim construction, which VoIP-Pal has failed to do, despite Amazon’s repeated requests. Instead,
`VoIP-Pal has asked Amazon to identify documents that prove a negative. While Amazon has no
`obligation to do so, Amazon identifies, at a minimum, the document Bates-labelled Amazon-
`VoipPAL-0003037-66 as demonstrating that Amazon does not infringe. To the extent that VoIP-Pal
`contends that any documents in Amazon’s production show that the “routing message” limitation is
`met under the Court’s claim construction, please identify the Bates numbers of those documents.
`
`As to the protective order issue, Amazon agrees. But Amazon reserves the right to rely on the
`Court’s entry of that protective order in the 2021 case in support of any protective order disputes in
`this case.
`
`Regards,
`Dan
`
`
`
`
`
`From: Lewis Hudnell <lewis@hudnelllaw.com>
`Sent: Friday, March 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>
`
`

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`Case 6:20-cv-00272-ADA Document 92-2 Filed 03/27/23 Page 3 of 8
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`Subject: Re: VoIP-Pal v. Amazon (WDTX 2020)
`
`Dan,
`
`Amazon has no legitimate 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 objection and oppose
`the motion.
`
`Regarding VoIP-Pal's request that Amazon identify documents, VoIP-Pal disagrees that it is
`trying to flip the burden of proof. You asserted that "Amazon’s system does not have any
`routing message that contains such a [time to live] field." If Amazon has documents that it
`believes supports that statement, then it is incumbent upon Amazon to identify 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 production in the 2021 case for use in this case,
`VoIP-Pal will agree to do so only under the interim protective order and not the protective
`order in the 2021 case. VoIP-Pal intends to seek entry of a new protective order in this case.
`Please confirm that VoIP-Pal may use these documents under the interim protective order.
`
`We intend to file the opposed motion for reconsideration 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
`information that is confidential, privileged and/or attorneys' work product. Any review or
`distribution 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>
`
`

`

`Case 6:20-cv-00272-ADA Document 92-2 Filed 03/27/23 Page 4 of 8
`
`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,
`
`Amazon maintains that no schedule should be entered if VoIP-Pal cannot identify a basis for
`asserting that the “routing message” limitation, as construed by the Court, is met by the accused
`system. If VoIP-Pal cannot identify such a basis but intends to seek reconsideration of the Court’s
`claim construction order, then the parties should address the case schedule after the resolution of
`that motion for reconsideration. Amazon will oppose any such motion for reconsideration.
`
`In regard to your request that Amazon identify proof of noninfringement, you are trying to flip the
`burden of proof and are asking Amazon to prove a negative. This is made all the more difficult given
`VoIP-Pal’s vague and deficient infringement contentions regarding what communications VoIP-Pal
`contends constitutes the alleged “routing message.” VoIP-Pal bears the burden to maintain a basis
`for its infringement allegations 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 “time-to-live field,” which, as I
`mentioned previously, the ‘606 patent says “holds a value representing the number of seconds the
`call is permitted to be active, based on subscriber available minutes and other billing parameters.”
`(‘606 patent at 21:55-60.)
`
`For purposes of discovery in this action, 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 position regarding the “routing message” limitation, it is welcome to refer to such
`production 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,
`
` accepted your changes and made a couple of changes to allow more time to finish expert
`
` I
`
`

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`Case 6:20-cv-00272-ADA Document 92-2 Filed 03/27/23 Page 5 of 8
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`discovery. Please let me know if these changes are agreeable.
`
`Regarding the routing message issue, VoIP-Pal intends to move for reconsideration of the
`Court's claim construction order, specifically to request that the time to live field be dropped
`from the construction. I assume that Amazon opposes the motion but please let me know if
`you would like to meet and confer on the issue.
`
`In the meantime, 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
`routing message that contains such a [time to live] field."
`
`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
`information that is confidential, privileged and/or attorneys' work product. Any review or
`distribution 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 draft schedule. We have proposed edits in the attached. 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 after the winter
`holidays. We also propose that Amazon will respond to the outstanding discovery requests within
`two weeks after the Court enters the schedule.
`
`
`

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`Case 6:20-cv-00272-ADA Document 92-2 Filed 03/27/23 Page 6 of 8
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`But before Amazon will agree to this schedule, we want to know what basis, if any, VoIP-Pal has for
`continuing with this case. The Court construed “routing message” to require a “time to live field.”
` The ‘606 patent explicitly states that the “time to live” field “holds a value representing the number
`of seconds the call is permitted to be active, based on subscriber available minutes and other billing
`parameters.” (‘606 patent at 21:55-60.) Amazon’s system does not have any routing message that
`contains such a field.
`
` I
`
` understand that VoIP-Pal disagrees with that claim construction. If so, the appropriate steps would
`be to stipulate to a final judgment of noninfringement and then appeal the construction of “routing
`message.” It is not appropriate for VoIP-Pal to continue this litigation and cause Amazon to incur
`additional, unnecessary expense if VoIP-Pal has no basis for contending that the “routing message”
`limitation is met.
`
`So please let us know VoIP-Pal’s basis for contending that the limitation is met in the accused
`system, or please agree to stipulate 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>; Valentine, James (PAO) <JValentine@perkinscoie.com>; Nick Gikkas
`<Nick@hudnelllaw.com>; Sean Parmenter <sean@parmenterip.com>
`Subject: Re: VoIP-Pal v. Amazon (WDTX 2020)
`
`Dan,
`
` don't believe that we received a response on the schedule. Please advise. Many thanks.
`
` I
`
`
`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
`information that is confidential, privileged and/or attorneys' work product. Any review or
`
`

`

`Case 6:20-cv-00272-ADA Document 92-2 Filed 03/27/23 Page 7 of 8
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`distribution 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>; Valentine, James (PAO) <JValentine@perkinscoie.com>; Nick Gikkas
`<Nick@hudnelllaw.com>; Sean Parmenter <sean@parmenterip.com>
`Subject: RE: VoIP-Pal v. Amazon (WDTX 2020)
`
`Lewis,
`
` am coordinating with my client and will get you a response next week.
`
` I
`
`
`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>; Valentine, James (PAO) <JValentine@perkinscoie.com>; Nick Gikkas
`<Nick@hudnelllaw.com>; Sean Parmenter <sean@parmenterip.com>
`Subject: VoIP-Pal v. Amazon (WDTX 2020)
`
`Dan,
`
`Please see the attached proposed amended scheduling order for the 2020 case. It tracks the
`Court's default time 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.
`
`
`This e-mail message is intended for the sole use of the intended
`recipient(s) and may contain information that is confidential,
`privileged and/or attorneys' work product. Any review or distribution by
`any other person is prohibited. If you are not an intended recipient,
`please immediately contact the sender and delete all copies.
`
`
`

`

`Case 6:20-cv-00272-ADA Document 92-2 Filed 03/27/23 Page 8 of 8
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`sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
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