PersonalWeb Lawsuits Against a Salmagundi of Customers Motivates Amazon to File a Declaratory Judgment Action

February 9, 2018

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).

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