Amazon has filed a Northern District of California complaint (5:18-cv-00767) against PersonalWeb Technologies, L.L.C., seeking declaratory judgments of claim preclusion and preclusion under the Kessler doctrine, barring the NPE’s recent spate of lawsuits against a large number and wide variety (termed a “salmagundi”) of defendants, and of noninfringement of the patents that PersonalWeb has asserted against that salmagundi. The patents generally relate to identifying data items in a data processing system. Amazon pleads that a 2011 case against it, dismissed in 2014 after the plaintiff was unable to prove its infringement case in light of the court’s claim construction ruling, ended any claim that customers of Amazon Web Services infringe based on the use of Amazon Simple Storage System (S3).
So far in the second half of January, PersonalWeb Technologies, L.L.C. has added almost a dozen more cases to the litigation campaign that it brought back to life earlier in January with over 35 new cases. The latest defendants are Gartner (Capterra) (1:18-cv-00133), IAC (Match Group) (1:18-cv-00136), Karma Mobility (1:18-cv-00134), LiveChat (1:18-cv-00135), and WeddingWire (1:18-cv-00137), each sued in the District of Delaware. They follow a wave of cases filed against six more defendants in the Eastern District of Texas the week before and two other sets of suits filed in various districts, including the Northern District of California and the Southern District of New York, earlier in the month. The complaints seek past damages for the alleged infringement of five expired patents generally related to “methods for identifying data items in a data processing system”, with infringement allegations focused on the manner in which the defendants’ websites distribute and serve web content in light of what content has been updated.
The litigation campaign of PersonalWeb Technologies, L.L.C. has sprung back to life with the filing of more than three dozen new cases, one each against Advance Publications (Reddit), Airbnb, Atlassian, Kickstarter, Paypal (Venmo), Salesforce (Heroku), Square, and Webflow, among others, some in the Northern District of California, others in the Southern District of New York. The new complaints seek past damages for the alleged infringement of five expired patents already at issue throughout the campaign, which began in December 2011. As noted in an August 2013 order construing multiple claim terms recited in them, the patents-in-suit generally relate to “methods for identifying data items in a data processing system”, with infringement allegations focused on the manner in which the defendants’ websites distribute and serve web content in light of what content has been updated. Level 3 Communications appears as PersonalWeb’s coplaintiff in the complaints in satisfaction of a contractual obligation stemming from a 2000 agreement associated with the first transfer of (partial) rights to the asserted patents from original assignee Kinetech.