Google Inc. v. Rockstar Consortium US LP et al

Filing 46

NOTICE by Google Inc. Notice of Filing of Motion to Stay or, In the Alternative, to Transfer to the Northern District of California (Attachments: # 1 Exhibit A, # 2 Exhibit B - Part 1, # 3 Exhibit B - Part 2, # 4 Exhibit B - Part 3, # 5 Exhibit B - Part 4, # 6 Exhibit B - Part 5, # 7 Exhibit B - Part 6, # 8 Exhibit B - Part 7, # 9 Exhibit B - Part 8, # 10 Exhibit C, # 11 Exhibit D, # 12 Exhibit E, # 13 Exhibit F)(Warren, Matthew) (Filed on 3/21/2014)

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Case 2:13-cv-00900-JRG Document 52-23 Filed 03/21/14 Page 1 of 27 PageID #: 2055 EXHIBIT 21 Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 1 of 26 PageID #: 286 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 2 of 27 PageID #: 2056 EXHIBIT Q Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 2 of 26 PageID #: 287 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 3 of 27 PageID #: 2057 Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 3 of 26 PageID #: 288 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 4 of 27 PageID #: 2058 Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 4 of 26 PageID #: 289 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 5 of 27 PageID #: 2059 Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 5 of 26 PageID #: 290 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 6 of 27 PageID #: 2060 Richard L. Brophy From: Sent: To: Subject: Abramov, Kirill Y <Kirill.Abramov@charter.com> Thursday, December 12, 2013 2:46 PM John R. Labbe FW: Patent Discussion and Second Notice of Infringement Second notice. From: Mark Wilson [mailto:mwilson@ip-rockstar.com] Sent: Friday, November 08, 2013 11:47 AM To: Abramov, Kirill Y; Long, David Cc: Chad Hilyard; Alfi Guindi; John Garland Subject: Patent Discussion and Second Notice of Infringement To: Kirill Abramov, VP and Senior Council Cc: David Long, Kelley Drye LLP RE: Patent Infringement – Second Notice Thank you again for taking time to meet with Chad, Alfi and me this morning. Following up on our discussion, below please find 3 additional Rockstar patents that are used with the indicated Charter services and products: Patent 5,583,862 Callon 6,130,893 Whittaker 6,321,253 McKeen IP VPNs PacketRFC 4364 Cable Title Method And Apparatus For Routing For Virtual Networks Method And Apparatus For Multiplexing Telephone Lines Over A Common Access Network Systems and Methods for Simultaneous Network Management Of Voice and Data Signals Impacted Services  Charter Business Level 3 VPN Servi (BGP/MPLS)  Charter Phone Service Charter supplied MTA’s  Charter Phone Services Charter Internet Services (PacketCable 1.5 and E-MTAs) We believe that Charter Communications has affirmative responsibility to ensure that it has secured all necessary patent rights to sell its services and products that are infringing Rockstar's intellectual property, including those patents listed above and in the March 13, 2012 letter to Mr. Rutledge. 1 Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 6 of 26 PageID #: 291 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 7 of 27 PageID #: 2061 Please note that the 9 patents on notice to Charter Communications at this time is a sample. Rockstar cannot assure Charter that all patents of interest have been identified due to the size and changing composition of our portfolio. As we reiterated today, in order for the negotiations to continue the parties have to enter into an NDA. Charter's repeated refusal to enter into an NDA has prevented both parties from being able to share the information necessary to negotiate and enter into a licensing agreement. We are pleased that Charter now appears willing to enter into an NDA; however, because Charter has now had our proposed draft for more than six months, we ask that you please return your comments in short order. Regards, This Communication is Confidential and is being sent in accordance with the terms set out at 2 http://ip-rockstar.iv-design.ca/email_disclaimer/ Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 7 of 26 PageID #: 292 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 8 of 27 PageID #: 2062 EXHIBIT R Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 8 of 26 PageID #: 293 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 9 of 27 PageID #: 2063 Case 2:13-cv-00900-JRG Document 52-23 Filed 03/21/14 Page 10of 26 PageID #: 294 Case 1:14-cv-00055-SLR Document 1-3 Filed 01/17/14 Page 9 of 27 PageID #: 2064 Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 10 of 26 PageID #: 295 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 11 of 27 PageID #: 2065 Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 11 of 26 PageID #: 296 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 12 of 27 PageID #: 2066 EXHIBIT S Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 12 of 26 PageID #: 297 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 13 of 27 PageID #: 2067 Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 13 of 26 PageID #: 298 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 14 of 27 PageID #: 2068 Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 14 of 26 PageID #: 299 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 15 of 27 PageID #: 2069 Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 15 of 26 PageID #: 300 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 16 of 27 PageID #: 2070 Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 16 of 26 PageID #: 301 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 17 of 27 PageID #: 2071 Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 17 of 26 PageID #: 302 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 18 of 27 PageID #: 2072 EXHIBIT T Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 18 of 26 PageID #: 303 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 19 of 27 PageID #: 2073 Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 19 of 26 PageID #: 304 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 20 of 27 PageID #: 2074 Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 20 of 26 PageID #: 305 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 21 of 27 PageID #: 2075 Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 21 of 26 PageID #: 306 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 22 of 27 PageID #: 2076 Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 22 of 26 PageID #: 307 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 23 of 27 PageID #: 2077 EXHIBIT U Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 23 of 26 PageID #: 308 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 24 of 27 PageID #: 2078 Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 24 of 26 PageID #: 309 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 25 of 27 PageID #: 2079 Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 25 of 26 PageID #: 310 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 26 of 27 PageID #: 2080 Case 2:13-cv-00900-JRG Document 52-23 Filed 01/17/14 Page 26 of 26 PageID #: 311 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 27 of 27 PageID #: 2081 Case 2:13-cv-00900-JRG Document 52-24 Filed 03/21/14 Page 1 of 5 PageID #: 2082 EXHIBIT 22 http://www.linkedin.com/in/dlindsay Case 2:13-cv-00900-JRG Document 52-24 Filed 03/21/14 Page 2 of 5 PageID #: 2083 Don Lindsay's Overview Current Past Vice President, User Experience at BlackBerry Director, Design at Microsoft Design Director, Mac OS User Experience Group at Apple Design Manager, Corprorate Design Group at Bell-Northern Research see all Connections 500+ connections Don Lindsay's Summary A veteran executive leader in a career that has spanned three decades with successful Fortune 500 technology companies. Don has delivered industrydefining desktop & mobile platform strategies & products while building and leading large scale, world-class product design organizations. Engaged by the CEOs of Apple & BlackBerry to define and execute “bet the company” product evolutions, Don’s experience and insight into organizational development, design culture, process, strategy and execution is the result of having shipped over fifteen major platform releases. A recognized expert, innovator and contributor in product experience with over 120 granted or filed technology patents encompassing user interface design, gesture & speech interaction and UI implementation strategies for both desktop & mobile platforms. Don Lindsay's Experience Vice President, User Experience BlackBerry Public Company; 10,001+ employees; RIMM; Telecommunications industry March 2009 – Present (5 years 1 month) Mountain View, California Created and scaled a centralized User Experience organization with a global charter for the BlackBerry product & services product experience portfolio. Grew the organization to over 100 designers, researchers and developers, spanning 5 studio locations between North America & Europe. Served as executive member of the product planning council, responsible for the BlackBerry product roadmap planning and delivery. Led the $150M acquisition of The Astonishing Tribe (TAT) in 2010 and drove the UX definition of BlackBerry 10 from concept to delivery. Engaged with internal and external partners, and media, in the definition, development and promotion of BlackBerry 10. Director, Design Microsoft Public Company; 10,001+ employees; MSFT; Computer Software industry October 2003 – February 2009 (5 years 5 months) Seattle, Washington Built the User Experience organization for Microsoft Live Labs, charted with exploring advanced product development for Internet services, search and data visualization. Joined Microsoft to lead the UX definition & conceptualization of ‘Blackcomb’ (post-Windows 7 planned release) while shipping innovative platform UX features for Windows Vista. Design Director, Mac OS User Experience Group Apple Public Company; 10,001+ employees; AAPL; Consumer Electronics industry June 1994 – May 2003 (9 years) Cupertino, California Directed the Mac OS User Experience group, partnering with Apple’s senior executive leaders to define and deliver the first four releases of Mac OS X and media experiences including iTunes and iMovie. Initiated and led an effort to conceive and develop ‘Aqua’, the definitive Mac OS X experience. Shipped every release of Mac OS from 8.0 through 10.3. Design Manager, Corprorate Design Group Bell-Northern Research Public Company; 10,001+ employees; NT; Telecommunications industry July 1985 – June 1994 (9 years) Ottawa, Ontario Managed the product design team within the Corporate Design Group, responsible for interaction & visual interaction design, on-product graphics, branding, packaging and documentation. Designed & shipped the M3000 Touchphone, a revolutionary desktop phone with graphical UI and all-touch interface in 1986. Designed & prototyped advanced graphical, touch and speech user interfaces for desktop & mobile devices in 1990-94. Creative Designer Norpak Privately Held; 51-200 employees; Telecommunications industry September 1983 – May 1985 (1 year 9 months) Ottawa, Canada 1 http://www.linkedin.com/in/dlindsay Case 2:13-cv-00900-JRG Document 52-24 Filed 03/21/14 Page 3 of 5 PageID #: 2084 Led the user interface design of the Norpak NAPLPS Videotext authoring platform, a precursor to HTML and web authoring. Art Director Banfield-Seguin Privately Held; 11-50 employees; Marketing and Advertising industry January 1981 – August 1983 (2 years 8 months) Ottawa, Canada Area Don Lindsay's Patents Computer Interface Having a Single Window Mode of Operation United States Patent 8,504,937 | Issued August 6, 2013 Inventors: Don Lindsay, Steven P. Jobs User interface for providing consolidation and access United States Patent 7,526,738 | Issued April 28, 2009 Inventors: Don Lindsay, Steven P. Jobs, Bas Ording User interface for providing consolidation and access United States Patent 7,434,177 | Issued October 7, 2008 Inventors: Don Lindsay, Steven P. Jobs, Bas Ording Method and system for providing an embedded application toolbar United States Patent 6,686,938 | Issued February 3, 2004 Inventors: Don Lindsay, Steven P. Jobs, Tim Wasko User Interface for Providing Consolidation and Access United States Patent 8,032,843 | Issued October 4, 2011 Inventors: Don Lindsay, Steven P. Jobs, Bas Ording Computer interface having a single window mode of operation United States Patent 6,957,395 | Issued October 18, 2005 Inventors: Don Lindsay, Steven P. Jobs Method and apparatus for speech synthesis using paralinguistic variation United States Patent 8,103,505 | Issued January 24, 2012 Inventors: Don Lindsay, Kim Silverman COMMUNICATION DEVICE United States Patent Application 20130012269 | Filed January 10, 2013 Inventors: Don Lindsay, Mike Lazaridis, Dan Dodge MULTIPLE-STAGE INTERFACE CONTROL OF A MOBILE ELECTRONIC DEVICE United States Patent Application 20140040769 | Filed February 6, 2014 Inventors: Don Lindsay, Mike Lazaridis, Dan Dodge, Jason Griffin, Todd Wood, Alistair Hamilton Graphical user interface for computers having variable size icons United States Patent 7,216,304 | Issued May 8, 2007 Inventors: Don Lindsay, Arno Gourdol Graphics tiering strategy incorporating bitmaps and window geometries United States Patent 7,739,613 | Issued June 15, 2010 Inventors: Don Lindsay Dynamic reflective highlighting of a glass appearance window frame United States Patent 7,412,663 | Issued August 12, 2008 Inventors: Don Lindsay, Tjeerd Hoek, Greg Melander Glass appearance window frame colorization United States Patent 7,418,668 | Issued August 26, 2008 Inventors: Don Lindsay, Tjeerd Hoek Visual expression of a state of an application window United States Patent 7,577,918 | Issued August 18, 2009 Inventors: Don Lindsay Method and apparatus for application window grouping and management United States Patent 7,581,192 | Issued August 25, 2009 Inventors: Don Lindsay, Charlie Stabb, Mark Ligameri Method and apparatus for application window grouping and management United States Patent 7,478,339 | Issued January 13, 2009 Inventors: Don Lindsay, Charlie Stabb, Cees van Dok, Chuck Cummins, Hillel Cooperman, jeff Pettiross, Sarah Shrock System and method for selecting a tab within a tabbed browser 2 http://www.linkedin.com/in/dlindsay Case 2:13-cv-00900-JRG Document 52-24 Filed 03/21/14 Page 4 of 5 PageID #: 2085 United States Patent 7,596,760 | Issued September 29, 2009 Inventors: Don Lindsay, Aaron Sauve, Cees van Dok, Tony Schreiner System and method for providing a window management mode United States Patent 7,681,143 | Issued March 16, 2010 Inventors: Don Lindsay, Mark Ligameri System and method for visually expressing user interface elements United States Patent 7,661,069 | Issued February 9, 2010 Inventors: Don Lindsay, Mark Ligameri System and method for controlling the opacity of multiple windows while browsing United States Patent 7,747,965 | Issued June 29, 2010 Inventors: Don Lindsay, Charlie Stabb, Hillel Cooperman, Mark Ligameri, Ales Holecek User-created trade cards United States Patent 7,909,238 | Issued March 22, 2011 Inventors: Don Lindsay, Gary Flake, Blaise Aguera y Arcas, Brett Brewer, Steven Drucker, Karim Farouki, Adam Sheppard, Stephen Lawler, Stephen Szeliski, Chistopher Weare System and Method for Visually Browsing of Open Windows United States Patent 8,341,541 | Issued December 25, 2012 Inventors: Don Lindsay, Charlie Stabb, Tjeerd Hoek, Mark Ligameri SCROLLABLE AREA MULTI-SCALE VIEWING United States Patent 8,082,518 | Issued December 20, 2011 Inventors: Don Lindsay, Jeff Weir, Gary Flake, Brett Brewer GRAPHICAL CONTEXT SHORT MENU United States Patent Application 20110202879 | Filed August 18, 2011 Inventors: Don Lindsay USER INTERFACE FOR A TOUCHSCREEN DISPLAY United States Patent Application 20110087990 | Filed April 14, 2011 Inventors: Don Lindsay COLLECTION REPRESENTS COMBINED INTENT United States Patent Application 20090319357 | Filed December 24, 2009 Inventors: Don Lindsay SYSTEM AND METHOD FOR SELECTING A TAB WITHIN A TABBED BROWSER United States Patent Application 20100011313 | Filed January 24, 2010 Inventors: Don Lindsay 3D CONTENT AGGREGATION BUILT INTO DEVICES United States Patent Application 20090310851 | Filed December 17, 2009 Inventors: Don Lindsay ANNOTATE AT MULTIPLE LEVELS United States Patent Application 20090307618 | Filed December 10, 2009 Inventors: Don Lindsay MARK-UP EXTENSIONS FOR SEMANTICALLY MORE RELEVANT THUMBNAILS OF CONTENT United States Patent Application 20090300506 | Filed December 3, 2009 Inventors: Don Lindsay MULTI-SCALE NAVIGATIONAL VISUALIZATION United States Patent Application 20090289937 | Filed November 26, 2009 Inventors: Don Lindsay PROCEDURAL AUTHORING United States Patent Application 20090279784 | Filed November 12, 2009 Inventors: Don Lindsay DYNAMIC MULTI-SCALE SCHEMA United States Patent Application 20090276445 | Filed November 5, 2009 Inventors: Don Lindsay INTERMEDIATE POINT BETWEEN IMAGES TO INSERT/OVERLAY ADS United States Patent Application 20090274391 | Filed November 5, 2009 Inventors: Don Lindsay ZOOM FOR ANNOTATABLE MARGINS United States Patent Application 20090254867 | Filed October 8, 2009 3 http://www.linkedin.com/in/dlindsay Case 2:13-cv-00900-JRG Document 52-24 Filed 03/21/14 Page 5 of 5 PageID #: 2086 Inventors: Don Lindsay CLIENT-SIDE COMPOSING/WEIGHTING OF ADS United States Patent Application 20090254820 | Filed October 8, 2009 Inventors: Don Lindsay DEVICE INTERACTION WITH COMBINATION OF RINGS United States Patent Application 20090251407 | Filed October 8, 2009 Inventors: Don Lindsay MULTISCALED TRADE CARDS United States Patent Application 20090172570 | Filed July 2, 2009 Inventors: Don Lindsay USER-CREATED TRADE CARDS United States Patent Application 20090159656 | Filed June 25, 2009 Inventors: Don Lindsay TRADE CARD SERVICES United States Patent Application 20090152341 | Filed June 18, 2009 Inventors: Don Lindsay Wireless Telephones Canada Patent CA2107819 | Issued October 10, 1993 Inventors: Don Lindsay, Tracy Roberts, Neal Cowan, Michael Brown, Jeff Fairless, Nancy Carboni MANAGEMENT OF DEVICE SETTINGS VIA A PLURALITY OF INTERFACES United States Patent Application 20110265028 | Filed October 27, 2011 Inventors: Don Lindsay APPARATUS, AND ASSOCIATED METHOD, FOR SELECTING MULTIPLE FILES AT A CONSUMER ELECTRONICS DEVICE United States Patent Application 20110265033 | Filed October 27, 2011 Inventors: Don Lindsay Don Lindsay's Honors and Awards Red Dot Award for Product Design, 2011 Red Dot April 2011 http://en.red-dot.org/2783.html?&cHash=912e8c5f2019d61c648761fa6cf612e3&detail=8427 Red Dot Award for Product Design, 2013 Red Dot March 2013 http://press.blackberry.com/press/2013/the-blackberry-z10-is-awarded-for-high-design-quality-in-the-red.html Don Lindsay's Skills & Expertise User Experience User-centered Design Experience Design User Research Interaction Design Information Architecture Information Design Usability Testing iPhone Task Analysis User Interface User Interface Design Mobile Applications Accessibility User Experience Design Human Computer Interaction Usability Engineering Contextual Inquiry View All (42) Skills View Don Lindsay’s full profile to... See who you and Don Lindsay know in common Get introduced to Don Lindsay Contact Don Lindsay directly Not the Don Lindsay you were looking for? View more » LinkedIn member directory - Browse members by country a b c d e f g h i j k l m n o p q r s t u v w x y z more LinkedIn Corporation © 2014 4 Mobile Devices Rapid Prototyping Case 2:13-cv-00900-JRG Document 52-25 Filed 03/21/14 Page 1 of 13 PageID #: 2087 EXHIBIT 23 http://massbbo.org/bbolookup.php?sl=Greenberg&sf=Robert&sc=&soundex=&hit=1dogfood&srcid=Z29vZ2xlLmNvbXxyb2Nrc3Rhci12LWFuZH... Case 2:13-cv-00900-JRG Document 52-25 Filed 03/21/14 Page 2 of 13 PageID #: 2088 Massachusetts Board of Bar Overseers of the Supreme Judicial Court 99 High Street Boston, Ma. 02110 Attorney Status Report Robert A. Greenberg Intel Americas 978-760-3189 HD2-305 77 Reed Road Hudson MA 01749 Full office addresses listed for Active, IHC, and 304 status attorneys only. Admitted to the bar on 03/23/98 Board of Bar Overseers number: 637420 Current status is Active This attorney has certified that he or she does not carry malpractice insurance because the attorney is solely employed either as a government lawyer or by an organizational client Data as of 03/20/14 (such as a corporation). This attorney has no record of public discipline. Click HERE to SEARCH AGAIN! or HERE to return to the main page. 1 http://www.harrityllp.com/paul-harrity.html Case 2:13-cv-00900-JRG Document 52-25 Filed 03/21/14 Page 3 of 13 PageID #: 2089 FOLLOW US: HOME FIRM OVERVIEW OUR PROFESSIONALS PATENT SERVICES INFOGRAPHIC NEWS/EVENTS CONTACT US CAREERS Our Professionals Paul Harrity is a patent attorney with considerable experience in client counseling and preparing and prosecuting patent applications. Paul started his career in patent law 21 years ago as a Patent Examiner with the United States Patent and Trademark Office. Since leaving the Patent Office 17 years ago, Paul has prepared hundreds of patent applications and thousands of Patent Office responses. Paul has considerable experience in the areas of computer hardware “Harrity & Harrity, LLP goes above and beyond to make a happy, enjoyable work place and I feel lucky to be a part of such an awesome law firm.” - Ashley and software systems, telecommunications systems and methods, business methods, Internet hardware and software systems, and optical systems. In addition to patent preparation and prosecution experience, Paul has provided opinions on infringement and validity of patents. pharrity@harrityllp.com phone: (571) 432-0800 Prior to forming Harrity & Harrity, LLP, Paul worked as a patent agent and later as an associate at the law firm of Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. While at Finnegan, Paul counseled clients, both domestic and foreign, and specialized in patent prosecution and preparation. Paul also worked in-house, on a temporary basis, for one of Finnegan's clients. 20 june At the Patent Office, Paul examined patent applications in the areas of computer hardware and database systems. Intellectual Property: A Key Driver of our Economy 5 USPTO and KIPO Announce Launch of Cooperative Patent Classification System Pilot 7 Exclusive Interview with Asa Kling, Israel Patent Office Director june Prior to joining the Patent Office, Paul gained valuable industry experience as a troubleshooter at IBM and a design engineer at General Dynamics. Education: apr The George Washington University National Law Center (J.D.) - 1998 Pennsylvania State University (B.S.E.E.) - 1989 Admitted: District of Columbia – 1999 (inactive) 1 http://www.harrityllp.com/paul-harrity.html Case 2:13-cv-00900-JRG Document 52-25 Filed 03/21/14 Page 4 of 13 PageID #: 2090 Commonwealth of Virginia - 1998 Registered to practice before the United States Patent and Trademark Office - 1995 Affiliations: American Bar Association American Intellectual Property Law Association Virginia Bar Association Federal Circuit Bar Association Penn State Alumni Association Eta Kappa Nu Honor Society Intellectual Property Owners Association — Back to Our Professionals Home Firm Overview Our Professionals Patent Services 2 Infographic News/Events Contact Us Careers http://www.fisherbroyles.com/richard-m-lehrer/ Case 2:13-cv-00900-JRG Document 52-25 Filed 03/21/14 Page 5 of 13 PageID #: 2091 What is Law Firm 2.0? Practice Areas Attorneys ATTORNEYS: Richard M. 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Zeller Back to attorneys page T: 845.519.9525 E: rlehrer@fisherbroyles.com vcard New York Office Large Firm Experience: Baker Hostetler LLP Mintz Levin PC Gibbons PC Bar Admissions: New York -2nd Circuit New Jersey -Supreme U.S. District Court -Northern District, NY -Eastern District, NY -New Jersey U.S. Patent & Trademark Office Education: Brooklyn Law School J.D., 1993 The Cooper Union B.E.E.E., 1991 Biography: Mr. Lehrer is a registered patent attorney with 18+ years of experience in all aspect of Intellectual Property law, with a focus on hi-tech patent litigation, prosecution, licensing and opinions. He routinely assists his clients, who have ranged from individual inventors to fortune 100 companies, with intellectual property portfolio management and enforcement programs. Mr. Lehrer has litigated various patent, trademark and copyright matters in both state and federal courts throughout the United States. 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Previous results are not a guarantee of future outcome. 1 http://www.foley.com/brian-j-mcnamara/ Case 2:13-cv-00900-JRG Document 52-25 Filed 03/21/14 Page 6 of 13 PageID #: 2092 Brian J. McNamara Retired Partner bmcnamara@foley.com Brian J. McNamara is a retired partner in Foley’s Washington, D.C. office. As a member of the firm's Sports Industry Team, his legal experience included patent, trademark, and copyright protection, licensing and litigation, and the protection of trade secrets. In the area of sports law, Mr. McNamara obtained several patents on sporting goods including portable lacrosse goals that meet NCAA standards. He also filed a patent application for an Internet virtual sports league. Mr. McNamara's technical specialties included analog and digital electrical and electronic technologies, computer hardware and software, artificial intelligence systems, and telecommunications technologies. His litigation experience involved the representation of clients in the federal district courts and before the U.S. Patent and Trademark Office (patent interferences, trademark oppositions and cancellation proceedings, and ex parte appeals). Locations P 202.672.5416 3000 K Street, N.W. Suite 600 Washington, D.C. 20007-5109 Industry Teams Sports Practice Areas Electronics IP Due Diligence IP Litigation Patent Litigation Trademark, Copyright & Advertising Counseling Trademark, Copyright & Advertising Litigation Mr. McNamara's technical knowledge included analog and digital electronics, computer hardware and software, artificial intelligence systems, and telecommunications. He was a senior design engineer at Westinghouse Electric for 1 http://www.foley.com/brian-j-mcnamara/ Case 2:13-cv-00900-JRG Document 52-25 Filed 03/21/14 Page 7 of 13 PageID #: 2093 eight years and was principal engineer in charge of systems engineering and business development at ARINC Research Corporation for six years. Mr. McNamara has published in scientific journals and symposium proceedings as well as in legal publications, such as Electronics & Computer Patent & Copyright, published by the Patent Resources Institute. He authored a chapter titled, "Intellectual Property Due Diligence," which, until recently, was published in the treatise Drafting License Agreements by Aspen Publishers. For many years, he was also an adjunct professor of law at George Mason University, where he taught Internet Law. In recognition of his experience, Mr. McNamara has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system. Mr. McNamara graduated from Manhattan College (B.S., electrical engineering); Johns Hopkins University (M.S., electrical engineering and M.A.S., administrative science); and the University of Maryland (J.D., with honors, 1986), where he was a member of the Moot Court Board. He is a member of the Institute of Electrical and Electronics Engineers, the American Intellectual Property Law Association, the District of Columbia Bar Association, and the Anne Arundel County, Maryland State and American Bar Associations. Publications and Presentations: "Patenting Computer Hardware and Software," Japanese Intellectual Property Association, Washington, D.C., October 27, 2009 "Charting The Course to a Service Provider Safe Harbor – The Veoh Cases Under The Digital Millennium Copyright Act," MD State Bar Convention, Intellectual Property Law Section Proceedings, June 2009 "Is MySpace Really Mine? Licensing, Ownership and Infringement In WEB 2.0 – Content Licensing Approaches," Pike & Fischer Seminar, Washington, D.C., November 2008 2 http://www.foley.com/brian-j-mcnamara/ Case 2:13-cv-00900-JRG Document 52-25 Filed 03/21/14 Page 8 of 13 PageID #: 2094 "Developments in Copyright Law – Adapting to Changing Technologies and Business Models," published by National Business Institute, October 2008 "Principles of Intellectual Property Protection – Patents, Trade Secrets, Trademarks and Copyrights," University of Maryland School of Engineering – Capstone lecture, 2007 and 2008 "Protection of Intellectual Property in Computer Hardware and Software (Patents and Copyrights)," Japanese Intellectual Property Association, October 2007 © 2014 FOLEY & LARDNER LLP 3 http://www.finnegan.com/JamesWilson/ Case 2:13-cv-00900-JRG Document 52-25 Filed 03/21/14 Page 9 of 13 PageID #: 2095 James T. Wilson Partner Practice Profile | Articles | News Litigation Trial James Wilson litigates complex intellectual property cases. James T. Wilson 202.408.6070 jim.wilson@finnegan.com 901 New York Avenue, NW Washington, DC 20001-4413 202.408.4000 Fax 202.408.4400 Download vCard ITC Section 337 Patent Litigation He has participated in appeals to the Federal Circuit, claim construction (Markman) proceedings, and hearings. He has Appeals conducted direct and cross examinations in complex, multiple-patent litigations, obtained discovery from multinational corporations, and taken and defended numerous depositions. Mr. Wilson’s experience includes all aspects of patent law, including patentability opinions, patent prosecution, defensive and offensive patent portfolio assessment, patent infringement opinions, and patent and trade secret litigation in federal district courts, at the Federal Circuit, and at the U.S. Bar and Court Admissions District of Columbia Virginia U.S. Court of Appeals, Federal Circuit U.S. Supreme Court U.S. Patent and Trademark Office Education American University, Washington College of Law J.D., magna cum laude, 1999 Pennsylvania State University B.S.E.E., with distinction, 1990 International Trade Commission. Mr. Wilson is skilled in a range of technical areas, including networking, ATM, SONET, digital and analog hardware, semiconductor devices, software, optics, and control systems technologies. Highlights Direct and cross-examination responsibilities during an eight-day jury trial for Telcordia Technologies, Inc., that resulted in findings that Cisco Systems, Inc., willfully infringed two of Telcordia’s patents. Represented Nikon Corp. in an appeal to the Federal Circuit from a decision of the U.S. International Trade Commission. Represented a manufacturer of wireless networking cards regarding trade-secret misappropriation. Represented a manufacturer of oscilloscopes regarding patent infringement. Represented manufacturers of computer and networking equipment concerning Intel Corporation’s charges of patent infringement. Represented manufacturer of alkaline batteries in 1 Trade Secret Litigation Patent Office Practice Patent Prosecution Patent Transactions and Strategic Counseling Opinions and Counseling Industry Electrical and Computer Technology http://www.finnegan.com/JamesWilson/ Case 2:13-cv-00900-JRG Document 52-25 Filed 03/21/14 Page 10 of 13 PageID #: 2096 proceedings before the U.S. International Trade Commission. Served as a patent examiner at the U.S. Patent and Trademark Office. Argued before the D.C. Court of Appeals in a pro bono appeal. Professional Activities American Bar Association Federal Circuit Bar Association American Intellectual Property Law Association Select Publications "5 Tips for a Winning Petition for Inter Partes Review," Corporate Counsel, Oct. 15, 2013. Coauthor. "A Proposal to Remove Uncertainty from Claims of Small Entity Status before the USPTO by Correcting and Enhancing SBA and USPTO Regulations," Bloomberg Law Reports, Jan. 19, 2010. 2 http://www.finnegan.com/RobertYoches/ Case 2:13-cv-00900-JRG Document 52-25 Filed 03/21/14 Page 11 of 13 PageID #: 2097 E. Robert Yoches Partner Practice Profile | Articles | Speaking Engagements | Podcasts | Litigation Pre-Trial Strategy IP Updates | News Trial E. Robert Yoches 202.408.4039 bob.yoches@finnegan.com 901 New York Avenue, NW Washington, DC 20001-4413 202.408.4000 Fax 202.408.4400 Bob Yoches has extensive experience in patent infringement litigation, especially in the Northern District of California, the Eastern District of Texas, and the International Trade Commission. He also has a great deal of experience representing clients from Asia, particularly, Taiwan, China, and Japan, often in complex cases involving electronic and computer technologies. Mr. Yoches also counsels clients in intellectual property 12D, 167 DunHua North Road Taipei 105 Taiwan + 886 2 2712 7001 Fax + 886 2 2712 7080 matters including portfolio management, licensing, trade secret protection and copyright protection of software. Mr. Yoches writes frequently on patent-related topics, and speaks before academic, business, and legal communities in the U.S. and Asia on intellectual property issues. Highlights Representative cases in the telecommunications area include Moll v. Northern Telecom, 1997 U.S. App. LEXIS Bar and Court Admissions District of Columbia U.S. Court of Appeals, Federal Circuit U.S. Supreme Court U.S. Patent and Trademark Office Education University of Pennsylvania Law School J.D., 1980 University of Colorado, Boulder B.S., Electrical Engineering and Computer Science, with highest honors, 1974 Opinions and Counseling Licensing, Pooling, and Other Transactions Patent Office Practice Patent Prosecution Industry Business Method Patents Download vCard Listen to Podcasts ITC Section 337 Patent Litigation Patent Transactions and Strategic Counseling 17607 (Fed. Cir. 1997) (for Northern Telecom); Nortel Networks, Ltd v. Ciena Corp. (settled in 2003 with a $25 million payment to client Nortel); UTStarcom, Inc., v. Starent Networks Corp., 2007 U.S. App. LEXIS 8739 (Fed. Cir. 2007) (for Starent); UTStarcom, Inc. v. Starent Networks Corp. (for Starent, settled 2009); Certain Audiovisual Components and Products Containing Same, 337-TA-837 (ITC) (for Realtek). Representative cases in the computer area include AccuScan, Inc. v. Xerox Corp., 2001 U.S. App. LEXIS 11534 (Fed. Cir. 2001) (for Xerox); Insight Dev. Co. v. Hewlett-Packard Co., 2002 U.S. App. LEXIS 15634 (Fed. Cir. 2002) (for Hewlett-Packard); In re Certain Digital Processors, Digital Processing Systems, Components Thereof, and Products Containing Same. Investigation No. 337-TA-529 (for BIAX, settled in 2005); BIAX Corp. v. Intel Corp., 2007 U.S. Dist. LEXIS 14250 (E.D. Tex. 2007) (for 1 Electrical and Computer Technology http://www.finnegan.com/RobertYoches/ Case 2:13-cv-00900-JRG Document 52-25 Filed 03/21/14 Page 12 of 13 PageID #: 2098 BIAX, settled in 2007); Nuance v. ABBYY (N.D. Cal. 2013) (for ABBYY). Serves on the editorial boards of The Computer Law Reporter (since 1992) and the Internet Newsletter (since 1996). Writes the chapter on litigation for Software Patents. Member of the board of editors of Internet Law and Strategy. Former adjunct professor at George Mason University Law School. Professional Recognition Recognized as an "IP Star" in Washington, DC and Taipei, by Managing Intellectual Property, 2013. Selected by his peers for inclusion in The Best Lawyers in America, 2005-2014. Recognized as a leading patent litigator in the D.C. area by Intellectual Asset Management, 2011-2012. Professional Activities Bar Association of the District of Columbia District of Columbia Bar (vice chair, Steering Committee, Computer Law Division, 1985-1986; chair, 1986-1987) D.C. Computer Law Forum (Board of Directors, 1992-1993) Licensing Executives Society (vice chair, Computer Industry Committee, 1993-1995; chair, Telecommunications Industry Committee, 1996-1998; chair, Information Technologies and Electronics Industries Section, 1998-2000; Board of Trustees, 2002-2004) Advanced Computer Law Institute (chair, 1992-2002) Select Publications Coauthor. "How to Determine a RAND Royalty," Commercial Times, March 11, 2014. Coauthor. "New Legal Maneuver Helps Companies Stymie Business-Method Patent Litigation," Wired Innovation Insights, Feb. 13, 2014. Coauthor. "Securing IP Rights in a 3D-Printing World," American Intellectual Property Law Association, Dec. 18, 2013. Coauthor. "Recent Federal Circuit Decisions on Patent Damages: Good News for Taiwan Companies," Commercial Times, Aug. 2013. Coauthor. "IP Laws Don't Easily Translate to 3D Printing, But Savvy Designers Can Work Around That," Wired Innovation Insights, Sept. 25, 2013. 2 http://www.finnegan.com/RobertYoches/ Case 2:13-cv-00900-JRG Document 52-25 Filed 03/21/14 Page 13 of 13 PageID #: 2099 Coauthor. "With TianRui, the ITC Opens the Door to Scrutiny of Business Practices Beyond U.S. Borders," Commercial Times, May 28, 2013. Coauthor. "ITC's Extraterritorial Authority: TianRui 'Opens the Door to Scrutiny of All Business Practices' Outside the United States," BNA's Patent, Trademark & Copyright Journal, May 17, 2013. Coauthor. "Borrowing Patents: An Idea Whose Time Has Not Yet Come," Commercial Times, Jan. 8, 2013. "Lessons from the Smartphone Wars," MIP Chinese edition, Dec. 2012. "How the AIA May Affect United States Patent Litigation," MIP Chinese edition, March, 2012. 3 Case 2:13-cv-00900-JRG Document 52-26 Filed 03/21/14 Page 1 of 3 PageID #: 2100 EXHIBIT 24 http://www.iam-magazine.com/blog/detail.aspx?g=b949ea4d-a133-49de-a9d1-3658381e6680 Case 2:13-cv-00900-JRG Document 52-26 Filed 03/21/14 Page 2 of 3 PageID #: 2101 Rockstar getting ready to roll ... Last week the US Department of Justice announced that it had closed down its antitrust investigation into the acquisition of Nortel patents by a consortium of companies at the auction which took place in New York last June. Along with the Motorola and Novell deals, it was given the green light, with the DoJ stating in a press release: “After a thorough review of the proposed transactions, the Antitrust Division has determined that each acquisition is unlikely to substantially lessen competition.” So now that clearance has been given, what happens next? As yet we do not know the answer to that question, but it is worth noting that since the auction many of the individuals who were once part of the Nortel IP team have become employees of an organisation called Rockstar Consortium Inc. Among them are John Veschi (who will be speaking at the IP Business Congress in June), previously CIPO at Nortel, now CEO of Rockstar; Gillian McColgan, previously Nortel IP’s CTO, now Rockstar’s CTO; and Chris Cianciolo, previously VP of IP law at Nortel, now holding the same position at Rockstar. One new face is CFO Ross Morgan, who looks to have joined last month. There’s no website as yet, but LinkedIn has a pretty helpful list of Rockstar employees. It’s probably not complete, but it does indicate that Rockstar may already be a pretty sizeable organisation. It does not take a great leap of imagination to conclude that as the regulatory hurdles are cleared, the day when Rockstar Consortium Inc swings into action is drawing nearer. What kind of action that will be remains to be seen, especially given the undertakings that the DoJ says have been given regarding the portfolio's standards essential patents. However, one thing is certain - it makes sense to have the people that know the patents best still on the inside, making sure that their value is exploited to the maximum extent possible. The consortium's members will want to make their money back and then some more as soon as possible. Sectors Competition/antitrust, Licensing, Patents, IP business Register for more free content • Read more IAM blogs and articles • The Editor's weekly review by email Register now 1 http://www.iam-magazine.com/blog/detail.aspx?g=b949ea4d-a133-49de-a9d1-3658381e6680 Case 2:13-cv-00900-JRG Document 52-26 Filed 03/21/14 Page 3 of 3 PageID #: 2102 © Copyright 2003-2014 Globe White Page Ltd 2 Case 2:13-cv-00900-JRG Document 52-27 Filed 03/21/14 Page 1 of 4 PageID #: 2103 EXHIBIT 25 Case 2:13-cv-00900-JRG Document 52-27 Filed 03/21/14 Page 2 of 4 PageID #: 2104 Search for people, jobs, companies, and more... Home Profile Network Jobs Advanced Interests Business Services Upgrade Want more clients? - You Close the Deal. We Do the Rest. Google Visibility & Leads for Lawyers. | Read More » Chris Cianciolo 3rd REDACTED Senior Intellectual Property Counsel at Tyco International Westford, Massachusetts Electrical/Electronic Manufacturing Previous Saint-Gobain, Nortel Networks, Digital Equipment Corporation Education Northeastern University Connect Send Chris InMail 225 connections w w w .linkedin.com/pub/chris-cianciolo/10/ba2/4a4 Background Experience Senior Intellectual Property Counsel Tyco International November 2012 – Present (1 year 5 months) | Westford, MA Ads You May Be Interested In CEO is a Lonely Job. Everyone counts on you. No mistakes. But you've never done this before. › Business Line of Credit Apply Online in Minutes - $5,000 - $250,000 to Grow Your Business. 107 New NY Clients 107 new legal clients seeking a New York attorney. View their cases today. Intellectual Property Counsel Saint-Gobain People Also Viewed March 2012 – November 2012 (9 months) | Worcester, Ma Responsible for all Intellectual Property matters regarding the Office of the Scientific Director, Fuel Cells, Crystals, Industrial Fabrics, High performance refractories and University Agreements Vice President Intellectual Property Law Nortel Networks Gerry Bluhm Sr. IP Counsel at Tyco Safety Products Erik Fako Lead Patent Counsel, Assertion/Litigation 1999 – March 2012 (13 years) 1 recommendation Eric Jensen Intellectual Property Lawyer Chris is an excellent lawyer, with superior analytical skills, excellent negotiation and business judgment, who consistently over performed. Chris worked on high profile M&A transactions, and worked well with senior management due to his abilty to... View Joseph Hogan Assistant General Counsel - Tyco Safety Products at Tyco International Thomas G. Field III Associate General Counsel Intellectual Property at Saint-Gobain Corporation Lindsay McGuinness Patent Attorney Deputy General Counsel, V.P. Chief Patent Counsel, Hologic Inc. Digital Equipment Corporation 1986 – 1998 (12 years) Matthew Kelly Chief Intellectual Property Counsel Claudio Morfe Skills & Endorsements Top Skills 23 Intellectual Property 15 Patents 8 Patent Prosecution 6 Patentability Vice President & General Counsel at Ericsson Werner Fröhling Managing Director & Chief IP Counsel Eric Jensen Intellectual Property Lawyer Jonathan Penn Director, Intellectual Property Case 2:13-cv-00900-JRG Document 52-27 Filed 03/21/14 Page 3 of 4 PageID #: 2105 5 Patent Litigation 5 Privacy Law 4 IP 4 Mergers & Acquisitions 3 Trademarks 3 Licensing How You're Connected You REDACTED Chris also knows about... 3 Corporate Law 3 Joint Ventures 2 Trade Secrets 1 Mergers 1 Client Counseling 1 2 Invention 2 Contract Negotiation Due Diligence 1 Software Patents Education Chris Cianciolo Northeastern University Masters Electrical Engineering, Electrical Engineering In Common with Chris You Northeastern University Chris Bachelors Electrical Engineering, Electrical Engineering 3 Suffolk University Law School Juris Doctorate, Intellectual Property Law Skills & Expertise Recommendations Received (1) Vice President Intellectual Property Law Nortel Networks Eric Jensen Intellectual Property Lawyer People Similar to Chris “ Chris is an excellent lawyer, with superior analytical skills, excellent negotiation and business judgment, who consistently over performed. Chris worked on high profile M&A transactions, and worked well with senior management due to his abilty to explain complex legal issues and associated risks in a manner lay people can easily understand. Chris not only excelled at... more October 13, 2009, Eric managed Chris at Nortel Networks Groups Lexington Christian A… Join James Baker 3rd Sr. Intellectual Property Counsel at 3M Com… Connect Case 2:13-cv-00900-JRG Document 52-27 Filed 03/21/14 Page 4 of 4 PageID #: 2106 Following Nortel Networks Telecommunications Follow Schools Northeastern University Greater Boston Area Follow Help Center About Press LinkedIn Corporation © 2014 Suffolk University La… Greater Boston Area Follow Blog Careers User Agreement Advertising Privacy Policy Talent Solutions Tools Community Guidelines Mobile Developers Cookie Policy Publishers Copyright Policy Language Send Feedback Upgrade Your Account Case 2:13-cv-00900-JRG Document 52-28 Filed 03/21/14 Page 1 of 4 PageID #: 2107 EXHIBIT 26 Case 2:13-cv-00900-JRG Document 52-28 Filed 03/21/14 Page 2 of 4 PageID #: 2108 Table C-5. U.S. District Courts—Median Time Intervals From Filing to Disposition of Civil Cases Terminated, by District and Method of Disposition, During the 12-Month Period Ending June 30, 2013 No Court Action Total Cases Before Pretrial Court Action During or After Pretrial Trial Median Median Median Median Median Number Time Interval Number Time Interval Number Time Interval Number Time Interval Number Time Interval Circuit and District of Cases in Months of Cases in Months of Cases in Months of Cases in Months of Cases in Months TOTAL 199,639 8.5 43,581 5.0 129,022 8.6 24,261 12.6 2,775 23.7 DC 1,943 9.0 776 7.3 1,111 10.3 12 34.6 44 43.0 1ST 5,385 10.5 1,100 3.7 2,927 11.4 1,257 15.2 101 30.1 ME 357 7.5 141 5.9 196 8.6 18 17.4 2 MA 2,472 8.4 646 3.0 791 7.2 974 15.1 61 31.1 NH 454 8.4 89 3.3 186 5.6 168 13.8 11 18.3 RI 1,121 27.9 80 6.7 998 31.1 32 14.3 11 40.4 PR 981 12.7 144 6.4 756 13.1 65 20.7 16 29.5 2ND 18,348 8.8 3,806 5.2 10,594 8.5 3,615 12.2 333 32.2 CT 1,655 10.6 834 8.3 707 11.3 69 16.5 45 38.4 NY,N 1,160 11.9 239 5.2 585 12.3 304 16.0 32 28.8 NY,E 5,624 8.8 1,210 5.8 3,152 8.3 1,158 12.1 104 30.5 NY,S 8,270 8.3 1,162 4.2 4,924 7.3 2,046 11.5 138 29.2 NY,W 1,370 8.0 326 2.8 1,001 9.8 32 37.4 11 68.0 VT 269 8.8 35 4.0 225 9.2 6 - 3 3RD 24,469 9.4 2,523 3.9 18,088 10.1 3,557 11.7 301 26.9 DE 1,264 8.0 452 4.7 686 9.0 82 11.6 44 33.0 NJ 5,953 6.1 528 3.8 3,368 3.5 1,994 13.0 63 35.6 PA,E 13,614 15.1 583 3.2 11,598 18.0 1,318 9.4 115 17.5 PA,M 1,483 7.1 459 4.4 924 7.8 61 18.6 39 28.7 PA,W 1,918 6.2 360 2.8 1,502 7.1 37 24.3 19 27.0 VI 237 17.8 141 13.1 10 31.0 65 19.2 21 31.9 4TH 12,387 7.5 2,331 5.5 8,367 7.2 1,505 10.2 184 19.2 MD 3,196 7.8 429 6.7 2,131 6.2 582 12.9 54 27.9 NC,E 1,086 8.9 324 7.8 748 9.4 7 - 7 NC,M 573 11.4 364 10.1 172 12.9 26 19.1 11 21.4 NC,W 906 8.1 291 5.0 510 8.8 90 12.8 15 25.2 SC 2,359 8.9 252 3.9 1,949 9.0 128 12.0 30 21.5 VA,E 2,354 5.2 332 3.2 1,387 4.3 588 7.8 47 11.9 VA,W 682 7.1 183 3.0 436 8.5 54 9.6 9 WV,N 394 8.3 99 6.1 285 9.0 7 - 3 WV,S 837 7.5 57 2.9 749 7.6 23 19.0 8 - Page 1 of 3 Case 2:13-cv-00900-JRG Document 52-28 Filed 03/21/14 Page 3 of 4 PageID #: 2109 Table C-5. (June 30, 2013—Continued) No Court Action Total Cases Before Pretrial Court Action During or After Pretrial Trial Median Median Median Median Median Number Time Interval Number Time Interval Number Time Interval Number Time Interval Number Time Interval Circuit and District of Cases in Months of Cases in Months of Cases in Months of Cases in Months of Cases in Months 5TH 22,882 10.7 5,168 5.7 15,502 12.0 1,880 13.3 332 21.6 LA,E 6,273 26.0 176 1.1 5,147 31.1 894 14.5 56 19.9 LA,M 596 11.4 169 9.7 381 11.3 32 17.4 14 34.7 LA,W 1,366 12.6 496 8.8 781 14.1 51 20.5 38 26.2 MS,N 606 10.4 208 7.6 229 10.6 158 14.1 11 28.5 MS,S 1,442 10.1 723 7.9 668 11.4 28 20.1 23 18.4 TX,N 3,311 6.7 600 5.6 2,661 6.8 2 - 48 21.3 TX,E 2,523 8.3 622 6.5 1,830 8.6 30 20.5 41 25.5 TX,S 4,474 7.2 1,456 4.1 2,374 8.3 588 9.5 56 21.3 TX,W 2,291 7.3 718 6.2 1,431 6.9 97 17.0 45 19.5 6TH 16,534 8.9 5,017 4.7 7,646 8.9 3,682 12.6 189 25.5 KY,E 1,056 9.0 157 4.4 866 9.0 22 23.6 11 28.0 KY,W 1,124 8.1 310 4.3 761 8.9 43 13.7 10 36.2 MI,E 4,453 7.7 1,044 3.2 1,592 5.3 1,776 13.2 41 21.4 MI,W 1,134 7.3 211 2.0 652 7.3 256 12.3 15 21.8 OH,N 2,939 8.5 881 4.1 1,252 11.7 783 10.1 23 24.7 OH,S 2,228 9.8 858 5.2 687 11.0 653 12.9 30 33.6 TN,E 1,247 10.3 616 5.6 492 12.2 116 14.8 23 22.3 TN,M 1,249 10.7 241 14.6 978 10.0 10 19.3 20 25.9 TN,W 1,104 10.9 699 10.1 366 11.1 23 22.8 16 22.8 7TH 15,706 7.6 4,374 5.5 8,904 7.0 2,224 12.6 204 26.7 IL,N 8,791 6.7 2,450 5.8 5,539 6.3 694 11.2 108 28.6 IL,C 769 9.3 321 6.9 428 10.5 5 - 15 41.2 IL,S 1,106 10.7 482 10.9 590 10.3 12 26.3 22 24.5 IN,N 1,312 10.0 369 3.5 445 8.7 479 16.4 19 29.5 IN,S 2,038 8.8 305 3.4 933 6.6 790 12.4 10 32.1 WI,E 1,030 6.7 224 3.2 767 7.2 23 16.3 16 18.2 WI,W 660 6.1 223 2.6 202 6.4 221 11.0 14 14.5 8TH 13,885 12.2 4,853 7.4 7,943 13.6 915 13.3 174 21.9 AR,E 4,108 46.7 1,017 47.0 3,056 46.6 4 - 31 18.8 AR,W 877 11.7 126 10.3 733 11.8 2 - 16 19.8 IA,N 413 9.9 82 8.5 318 9.8 2 - 11 22.2 IA,S 503 8.2 84 4.3 304 7.1 102 14.6 13 22.1 MN 2,836 5.6 1,357 2.5 721 5.6 736 12.5 22 24.7 MO,E 2,269 10.6 1,076 9.4 1,150 11.1 10 19.8 33 22.4 MO,W 1,970 9.4 945 5.5 957 11.3 45 15.6 23 20.3 NE 507 8.7 40 2.4 438 9.0 11 17.8 18 23.3 ND 173 8.4 10 1.1 160 8.5 1 - 2 SD 229 12.4 116 11.8 106 12.7 2 - 5 - Page 2 of 3 Case 2:13-cv-00900-JRG Document 52-28 Filed 03/21/14 Page 4 of 4 PageID #: 2110 Table C-5. (June 30, 2013—Continued) No Court Action Total Cases Before Pretrial Court Action During or After Pretrial Trial Median Median Median Median Median Number Time Interval Number Time Interval Number Time Interval Number Time Interval Number Time Interval Circuit and District of Cases in Months of Cases in Months of Cases in Months of Cases in Months of Cases in Months 9TH 34,127 6.9 9,122 4.6 21,676 7.0 2,879 13.4 450 23.1 AK 256 9.0 49 5.2 198 9.2 2 - 7 AZ 2,380 7.2 105 2.4 2,090 7.1 156 14.6 29 25.4 CA,N 4,934 6.6 781 3.7 2,662 4.9 1,441 12.2 50 27.5 CA,E 2,906 8.8 1,068 6.0 1,754 10.3 62 17.4 22 31.5 CA,C 11,987 5.6 4,106 4.9 7,576 5.8 143 16.6 162 20.4 CA,S 2,321 6.6 343 3.4 1,223 5.2 724 13.2 31 26.5 HI 685 9.6 340 7.1 281 9.3 45 19.6 19 11.7 ID 493 9.9 42 1.6 366 9.8 74 18.1 11 28.1 MT 458 8.6 163 3.9 172 8.5 112 14.0 11 19.0 NV 2,159 8.8 348 5.3 1,703 9.2 81 8.3 27 39.9 OR 1,798 10.2 631 7.3 1,124 11.2 8 - 35 20.2 WA,E 742 10.0 298 5.2 426 13.0 9 - 9 WA,W 2,955 6.2 821 2.4 2,083 7.7 14 16.2 37 20.1 GUAM 26 16.8 6 - 14 18.4 6 - 0 NMI 27 32.1 21 21.1 4 - 2 - 0 10TH 8,535 8.5 2,314 5.4 5,038 8.5 1,015 13.8 168 23.1 CO 2,611 6.3 817 4.2 1,606 6.3 125 18.0 63 22.7 KS 1,272 7.8 378 5.0 772 8.0 102 18.5 20 25.8 NM 910 8.9 345 6.9 358 9.3 189 11.9 18 25.4 OK,N 739 11.9 56 3.3 656 12.2 18 21.8 9 OK,E 384 11.3 209 11.0 161 11.2 10 14.3 4 OK,W 1,178 8.9 280 3.9 470 8.5 406 12.1 22 18.7 UT 1,232 11.0 161 6.8 963 10.8 84 21.5 24 39.1 WY 209 10.8 68 5.9 52 6.8 81 12.6 8 11TH 25,438 7.3 2,197 3.9 21,226 7.2 1,720 12.7 295 19.3 AL,N 2,576 8.6 78 2.5 2,441 8.5 25 25.9 32 20.9 AL,M 650 9.9 59 2.8 536 9.6 43 16.9 12 20.8 AL,S 568 8.0 110 2.8 439 8.3 12 16.5 7 FL,N 1,378 6.7 43 2.3 1,315 6.8 8 - 12 22.9 FL,M 8,004 10.8 441 4.7 7,351 10.9 129 18.5 83 20.0 FL,S 6,772 5.0 586 3.7 5,997 5.0 82 12.0 107 16.3 GA,N 4,171 6.7 440 2.6 2,298 5.0 1,408 11.6 25 24.9 GA,M 753 9.3 239 6.1 503 10.8 1 - 10 20.8 GA,S 566 8.1 201 6.6 346 9.6 12 26.4 7 NOTE: Median time intervals are not computed when fewer than 10 cases reported. This table excludes land condemnations, prisoner petitions, deportation reviews, recovery of overpayments, and enforcement of judgments. Includes cases filed in previous years as consolidated cases that thereafter were severed into individual cases. For fiscal years prior to 2001, this table included data on recovery of overpayments and enforcement of judgments. Page 3 of 3

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