Google Inc. v. Rockstar Consortium US LP et al

Filing 48

NOTICE by Google Inc. Notice of Filing of Motions 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 B - Part 9, # 11 Exhibit C, # 12 Exhibit D, # 13 Exhibit E, # 14 Exhibit F, # 15 Exhibit G, # 16 Exhibit H, # 17 Exhibit I)(Warren, Matthew) (Filed on 3/25/2014)

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Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 1 of 77 PageID #: 803 EXHIBIT 2 Part 3 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 2 of 77 PageID #: 804 Case 2:13-cv-00900-JRG Document 52-18 Filed 03/21/14 Page 9 of 9 PageID #: 2035 The rock star of monetisation – especially when, in the greater scheme of things, the revenues generated for owners with turnovers of tens of billions of dollars from their main business lines will never be that significant. Given the heat surrounding NPEs at the moment, diversification and continuation of the Rockstar business may not be in the game plans of Apple, Ericsson, Microsoft et al. A possible scenario for Rockstar five or so years from now, therefore, is that it will not actually be owned by any of its current shareholders. Instead, Veschi and his team may be in complete control, having secured some kind of management buy-out and with it the ability to create an NPE with a longterm future and full operational flexibility. This, it should be added, is not something that Veschi has even hinted at. But it would be a scenario which may well work for all concerned. And no one who has spent any time with Veschi – and who has observed what he and his team have achieved over the last five years – would bet against it. A Action plan Rockstar was born following the auction of Nortel patent rights in New York in late June 2011, when a six-company consortium acquired the 6,000-strong portfolio for US$4.5 billion. Its current owners are five of those companies: Apple, BlackBerry, Ericsson, Microsoft and Sony. John Veschi, former chief IP officer of Nortel, is Rockstar’s CEO: • Rockstar, says Veschi, has made commitments to the US Department of Justice and Federal Trade Commission to operate autonomously. • Although accountable to the five owners for Rockstar’s performance, Veschi does not talk about potential licensing • • • • targets with them; neither do they influence whom the firm sells patents to. All Rockstar patents are potentially up for sale if the offer is good enough. Many, though not all, Rockstar patents are offered on fair, reasonable and nondiscriminatory terms. Veschi is a supporter of the introduction of a loser pays system in US litigation. He also supports greater transparency with regard to ownership. Although not currently under active consideration, acquisitions and privateering are realistic propositions for the longer term. Joff Wild is editor of IAM 70 Intellectual Asset Management July/August 2013 www.iam-magazine.com Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 3 of 77 PageID #: 805 Case 2:13-cv-00900-JRG Document 52-19 Filed 03/21/14 Page 1 of 4 PageID #: 2036 EXHIBIT 17 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 4 of 77 PageID #: 806 Case 2:13-cv-00900-JRG Document 52-19 Filed 03/21/14 Page 2 of 4 PageID #: 2037 REDACTED Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 5 of 77 PageID #: 807 Case 2:13-cv-00900-JRG Document 52-19 Filed 03/21/14 Page 3 of 4 PageID #: 2038 REDACTED REDACTED Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 6 of 77 PageID #: 808 Case 2:13-cv-00900-JRG Document 52-19 Filed 03/21/14 Page 4 of 4 PageID #: 2039 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 7 of 77 PageID #: 809 Case 2:13-cv-00900-JRG Document 52-20 Filed 03/21/14 Page 1 of 4 PageID #: 2040 EXHIBIT 18 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 8 of 77 PageID #: 810 Case 2:13-cv-00900-JRG Document 52-20 Filed 03/21/14 Page 2 of 4 PageID #: 2041 Advanced Home Profile Network Interests Jobs Business Services Upgrade Online MBA Program - Earn Your SUNY MBA Online. No GMAT Required. Learn More Now. | Read More » Mark Wilson 2nd People Similar to Mark Licensing Consultant San Francisco Bay Area Information Technology and Services Current Licensing Consultant Previous Intellectual Ventures, IPotential LLC, Hewlett-Packard Alan Leal 2nd Education Boston University Graduate School of Management WW Licensing Executive | Technology Licen… Connect Connect Send Mark InMail 399 connections www.linkedin.com/pub/mark-wilson/1/aaa/880 Background Summary Senior executive experienced in high tech sector product management, marketing and general management. Most recently, 12 years experience in IP licensing and patent monetization, patent brokerage, IP management strategy, etc. Ads You May Be Interested In Injury Law Leads (Local) Looking for New Clients? We'll Connect You to Prospects. Get 10 Free Leads! $8.2M For Your Company? Trying to buy companies today. Connect with this investor and 5,000+ others Are You A Partner? Apply to Worldwide Who's Who and expand your online networking. Specialties: IP monetization via licensing, patent sales, IP management consulting People Also Viewed Gillian McColgan CTO at Rockstar Experience Joe Chernesky Licensing Consultant Licensing Consultant March 2013 – Present (1 year) Licensing Executive Senior Vice President at Kudelski Group David Sasso Senior Licensing Counsel at Rockstar Consortium Intellectual Ventures John Garland February 2010 – March 2013 (3 years 2 months) | SVO - Mountain View, CA Vice President of Licensing at Rockstar Consortium US LP 1 recommendation Roy Maharaj VP, Licensing at Intellectual Ventures I had the chance to work with Mark during his time at Intellectual Ventures. Mark is a seasoned Licensing Executive with significant account management and negotiation experience. He is also well versed at developing, managing and executing... View VP, Marketing and Business Development IPotential LLC Lloyd Sadler Intellectual Property Transactions Greg Kisor Chief Technologist at Intellectual Ventures, Sommelier at SavorLife Cellars john veschi -- January 2008 – February 2010 (2 years 2 months) IP monetization of clients' patent assets through consulting, patent assertion/licensing, patent sales. 1 recommendation Darius Sankey Sr. Portfolio Director, Industry Sector Leader at Intellectual Ventures Michael Pierantozzi Entrepreneur. General Manager. IP Strategist. Mark is an effective senior executive, with in-depth knowledge of intellectual property management and licensing, business and product development, and general management. He is dependable, reliable and diligent with a keen focus on customer,... View Director, IP Licensing Hewlett-Packard March 2004 – January 2008 (3 years 11 months) Victor Schubert Intellectual Property Management & Licensing Michael Pierantozzi Entrepreneur. General Manager. IP Strategist. › Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 9 of 77 PageID #: 811 Case 2:13-cv-00900-JRG Document 52-20 Filed 03/21/14 Page 3 of 4 PageID #: 2042 How Advanced PCTEL June 2002 – August 2003 (1 year 3 months) Home Profile Network Jobs You're Connected Interests You VP Marketing Business Services REDACTED PCTEL, Inc. July 2000 – June 2002 (2 years) 1 recommendation Mark Wilson Get introduced Yoram Solomon Vice President, Corporate Strategy, and General Manager, penveu Mark was initially my boss, and then my colleague. Most of all--he was my mentor at PCTEL. He is the best process-oriented VP of Marketing (or product marketing) I know. He is very pragmatic, and taught me how to use sound judgement and convince... View In Common with Mark VP, Product Marketing You Mark Cirrus Logic June 1994 – August 1996 (2 years 3 months) VP, OEM Marketing 2 IBM April 1993 – March 1994 (1 year) VP Skills & Expertise Quantum Corporation April 1988 – December 1992 (4 years 9 months) Group Product Manager Prime Computer 1979 – 1983 (4 years) Skills & Endorsements Top Skills 42 Patents 39 Licensing 27 Strategy 25 Intellectual Property 15 Product Management 10 Product Marketing 9 Strategic Partnerships 9 Competitive Analysis 8 Innovation Management 7 International Business Mark also knows about... 7 Commercialization 6 5 Product Development 4 Mobile Devices 4 Semiconductors 5 Product Launch Partner Management 6 Cross-functional Team... 4 4 Executive Management Start-ups Upgrade Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 10 of 77 PageID #: 812 Case 2:13-cv-00900-JRG Document 52-20 Filed 03/21/14 Page 4 of 4 PageID #: 2043 3 Business Development 3 Corporate Development Profile Network Home 3 3 1 Advanced Entrepreneurship Interests Jobs 3 Global Business... Business Services Upgrade Education Boston University Graduate School of Management MBA, General management 1976 – 1978 Activities and Societies: Graduated with honors University of Massachusetts, Amherst BSEE, Electrical Engineering 1969 – 1973 Activities and Societies: Eta Kappa Nu Help Center About Press LinkedIn Corporation © 2014 Blog Careers User Agreement Advertising Privacy Policy Talent Solutions Tools Community Guidelines Mobile Cookie Policy Developers Publishers Copyright Policy Language Send Feedback Upgrade Your Account Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 11 of 77 PageID #: 813 Case 2:13-cv-00900-JRG Document 52-21 Filed 03/21/14 Page 1 of 3 PageID #: 2044 EXHIBIT 19 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 12 of 77 PageID #: 814 Most Tax Pro Problems Solved - Experience reso esolving liens, levies and most smal business tax matters. | Read M mall d More » How You're Connected You Contact Info ca.linkedin.com/pub/michael-dunleavy/0/527/622 Background Summary I am a partner of LaBarge Weinstein, a boutique business law firm servicing clients across Canada. I have been working with technology companies and their investors for nearly 20 years. My past and current clients include small and large technology companies and their investors; I have represented purchasers and vendors in a variety of mergers and acquisitions; issuers and underwriters in public offerings; and investors and issuers in numerous private financing transactions. I also have an extensive background in technology contracting, including the drafting and negotiating of agreements for the licensing, development and distribution of technology and the outsourcing of technology services. My more notable retainers include acting for: Rockstar Consortium, buyer of the Nortel patent assets, as its outside Chief Corporate Counsel from 2012 to date; Michael 3rd Send Michael InMail Ads You May Be Interested In Spot the Next Angry Birds Identify the investment oportunities earlier than anyone, with our app data Legal Marketing Solutions Online Marketing for Lawyers, Proudly Serving Attorneys for over 10 Years! Radian 6 Technologies and its shareholders in its $350M+ acquisition by Salesforce.com in 2011; Protus IP Solutions and its Shareholders in its $213M acquisition by J2 Global Communications in 2010; IMRIS Inc. in its IPOs in Canada in 2007 and in the US in 2010, and generally in its other M&A and financing activities; Accelio Corporation (formerly JetForm), in its hostile takeover bid defence and successful $110 million sale to Adobe Systems Inc.; People Also Viewed Afzal Dean Vice President - Patent Licensing Major shareholders of Broadband Networks, in its $600 million sale to Nortel Networks in 1998; MetroPhotonics Inc., in its $50 million private financing; Chad Hilyard Chief Intellectual Property Counsel at Rockstar Consortium US LP Shareholders of Loran Technologies, in its $130 million sale to Peregrine Systems; A major shareholder of ImagicTV, in its $45 million sale to Alcatel; Gillian McColgan CTO at Rockstar Various venture capital firms and angel investors in various investment activities. Trevor Allibon Specialties: LaBarge Weinstein is a business law firm, specializing in providing practical, businessoriented legal advice to private and public companies, investors and investment banks. We have a particular emphasis on companies in the technology sector. Managing Director, Subordinate Financing at Business Development Bank of Canada James Smith Partner at LaBarge Weinstein Experience Partner LaBarge Weinstein LLP Maria Cuasay BDC Venture Capital Gerard Buckley, FICB, ICD.D › 2:13-cv-00900-JRG 52-21 Filed 03/21/14 Page 3 3 PageID #: 815 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 13 of 77 PageID #:2046 2000 – Present (14 years) Lawyer Governance & Financial Advisor to Growth Companies & Corporate Director McCarthy Tetrault 1996 – 2000 (4 years) Mark Longo Partner, Technology & Corporate Finance Law at LaBarge Weinstein LLP Darlene Laplante -- Skills & Endorsements Maureen Mitchell Top Skills DISPATCHER at CAANEO 25 Mergers & Acquisitions 21 Venture Capital 15 Start-ups 11 Intellectual Property 10 Corporate Governance 8 Corporate Law 8 Commercial Litigation 7 Mergers 7 Legal Writing 6 Venture Financing In Common with Michael 2 Skills & Expertise Michael also knows about... 4 Legal Advice 4 2 Strategic Partnerships 3 IPO 2 Corporate Finance Acquisitions 2 2 Software Licensing Licensing 1 Finance Education University of Toronto LL.B., Law 1989 – 1992 Help Center About Press LinkedIn Corporation © 2014 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 2:13-cv-00900-JRG 52-22 Filed 03/21/14 Page 1 77 PageID #: 816 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 14 of 8 PageID #: 2047 EXHIBIT 20 Case 2:13-cv-00900-JRG Document 52-22 Filed 03/21/14 Page 2 of 8 PageID #: 2048 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 15 of 77 PageID #: 817 Case 2:13-cv-00900-JRG Document 52-22 Filed 03/25/14 Page 16 of 8 PageID #: 2049 2:13-cv-00894-JRG 41-5 Filed 03/21/14 Page 3 77 PageID #: 818 Rockstar • • • • • • Home About Innovation Privacy Policy Sales People • LinkedIn • Corporate Leaders • Business Leaders Contact Canada 515 Legget Drive, Suite 300 Ottawa, Ontario K2K 3G4 613-576-1000 US Legacy Town Center 1 7160 North Dallas Parkway Suite No. 250 Plano, TX 75024 info@ip-rockstar.com info@ip Career opportunities Have a passion for innovation and technology? There could be a place for you at Rockstar. Join our staff of engineering and legal professionals. Case 2:13-cv-00900-JRG Document 52-22 Filed 03/25/14 Page 17 of 8 PageID #: 2050 2:13-cv-00894-JRG 41-5 Filed 03/21/14 Page 4 77 PageID #: 819 careers@ip Contact us today at careers@ip-rockstar.com Corporate Leaders John Veschi, CEO John Veschi, CEO John has been Rockstar’s CEO since its founding in 2011. His leadership, engineering and patent experience span more than three decades and cover all aspects of IP. John built and led the core of the Rockstar team while serving as Nortel Networks’ Chief Intellectual Property Officer, where he was instrumental in the historic $4.5B sale. Prior to Nortel, John was the General Manager of the Intellectual Property business at LSI Corporation, and had similar responsibilities at Agere Systems – the Lucent Microelectronics spinoff. He began his in-house Intellectual Property experience with the formation of Lucent, and was previously in private practice with Foley & Lardner. Earlier in his career, John served as a Signal Corps Officer in the U.S. Army, and was an engineering manager in the defense industry. John holds a Bachelor of Science in Electrical Engineering from Lafayette College, an MBA from George Washington University, and a Juris Doctor, summa cum laude, from the University of Maryland. More Gillian McColgan, CTO Gillian McColgan, CTO Case 2:13-cv-00900-JRG Document 52-22 Filed 03/25/14 Page 18 of 8 PageID #: 2051 2:13-cv-00894-JRG 41-5 Filed 03/21/14 Page 5 77 PageID #: 820 Gillian McColgan is the CTO (Chief Technology Officer) of Rockstar. She possesses a deep understanding of how business can build and leverage a sustainable competitive advantage to create thriving revenue. In Gillian's 25 years of service at Nortel Networks, she performed skillfully at all levels of engineering management, including strategic direction, financial and project development. Prior to joining Rockstar, Gillian was the CTO, IP Business at Nortel Networks where her responsibilities included establishing and monitoring the operating budget for the entire IP Legal team and leading the Market Analysis, Technical Assertion and Reverse-Engineering teams. In addition, Gillian also supported technical due diligence and the resulting complex business negotiations for divestitures at the corporation. Gillian has Bachelor and Post Graduate degrees in Engineering from the University of Ulster in Northern Ireland. She has also completed numerous training courses in the areas of Executive Management and Finance at universities including Harvard and MIT. More Hinta Chambers, CFO Hinta Chambers, CFO Hinta Chambers is the CFO (Chief Financial Officer) of Rockstar. With more than 16 years of experience in Finance and other corporate functions including Marketing and Compliance, Hinta drives operational excellence at Rockstar. She is responsible for the company's overall financial strategic direction, including all aspects of financial and management planning & reporting, tax, Case 2:13-cv-00900-JRG Document 52-22 Filed 03/25/14 Page 19 of 8 PageID #: 2052 2:13-cv-00894-JRG 41-5 Filed 03/21/14 Page 6 77 PageID #: 821 and treasury operations. Hinta also oversees other corporate functions including Human Resources, Information Technology and Facilities. Prior to joining Rockstar in July 2011, Hinta held increasingly senior global finance positions at Nortel Networks Corporation in Canada, England and France, including serving as the CFO of the IP business. She held key roles leading organizations, implementing business plans, and managing budgets in excess of $1B. Hinta led the design and implementation of Nortel's financial planning processes worldwide, as well as instituting Sarbanes Oxley compliance in over 50 legal entities. Hinta is a Certified Management Accountant (CMA) and holds an Honours Bachelor of Business Administration degree from Wilfrid Laurier University. More Ross Morgan, Financial Consultant Ross Morgan, Financial Consultant Ross Morgan is a Financial Consultant to Rockstar. He is a CPA with more than 25 years of corporate accounting experience split between executive management in the technology industry and public accounting with Ernst & Young. Prior to joining Rockstar, Ross was CFO at Mobile Knowledge, Triacta Power Technologies. Objectworld Communications and Intelligent Photonics Control. He has also performed senior finance roles with Plaintree Systems, Loran Technologies and Peregrine Systems. Ross has successfully completed numerous angel, venture capital and debt financing agreements throughout his career. He has also completed several merger and acquisition transactions, including the $120M sale of Loran to Peregrine in 2000. He has also served as 2:13-cv-00900-JRG 52-22 Filed 03/21/14 Page 7 8 PageID #: 822 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 20 of 77 PageID #:2053 Secretary, Treasurer and Director for several of his companies. A member of the Institute of Chartered Accountants of Ontario and the Canadian Institute of Chartered Accountants, Ross has a Bachelor of Arts and Masters of Accounting from the University of Waterloo. More Chad Hilyard, Chief IP Counsel Chad Hilyard, Chief IP Counsel Chad Hilyard is the Chief IP Counsel of Rockstar. He has over 17 years of intellectual property law experience, with significant expertise in a range of intellectual property business areas, including licensing, litigation, sales, offensive patent assertions, portfolio development and management, and intellectual property counseling. Chad has extensive experience with a wide range of technologies, including telecommunication systems and networks, satellite communication systems, semiconductors, storage systems, and consumer electronic devices. Prior to joining Rockstar, Chad was Vice President and Associate General Counsel at DISH Network, where he was in charge of all intellectual property matters. Prior to DISH, Chad was Managing IP Counsel at LSI Corporation and Senior IP Counsel at Agere Systems, Inc. Prior to becoming in-house counsel, Chad spent ten years in private practice where he became a partner at a prestigious, west coast-based IP law firm. Chad holds a Bachelor of Science in Electrical Engineering, high distinction, from the University of Nebraska, and a Juris Doctor, cum laude, from the Sandra Day O’Connor College of Law at Arizona State University. More 2:13-cv-00900-JRG 52-22 Filed 03/21/14 Page 8 8 PageID #: 823 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 21 of 77 PageID #:2054 Michael Dunleavy, Chief Corporate Counsel Michael Dunleavy, Chief Corporate Counsel Michael Dunleavy acts as the Chief Corporate Counsel to Rockstar. He is a partner of LaBarge Weinstein LLP, an Ottawa-based law firm specializing in work with technology companies and their investors. Michael has two decades of experience in advising clients on corporate, securities, licensing, financing and M&A matters and brings with him the services of numerous professionals from his firm with diverse areas of expertise. More Rockstar | Patent licensing and patent sales • • • • • • Home About Innovation Privacy Policy Sales People • LinkedIn Case 2:13-cv-00900-JRG Document 52-23 Filed 03/25/14 Page 22of 27 PageID #: 2055 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/21/14 Page 1 of 77 PageID #: 824 EXHIBIT 21 Case 2:13-cv-00900-JRG Document 52-23 Filed 03/25/14 Page 23of 26 PageID #: 286 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 2 of 77 PageID #: 825 Case 2:13-cv-00894-JRG Document 41-5 Filed 01/17/14 Page 1 of 27 PageID #: 2056 EXHIBIT Q Case 2:13-cv-00900-JRG Document 52-23 Filed 03/25/14 Page 24of 26 PageID #: 287 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 3 of 77 PageID #: 826 Case 2:13-cv-00894-JRG Document 41-5 Filed 01/17/14 Page 2 of 27 PageID #: 2057 Case 2:13-cv-00900-JRG Document 52-23 Filed 03/25/14 Page 25of 26 PageID #: 288 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 4 of 77 PageID #: 827 Case 2:13-cv-00894-JRG Document 41-5 Filed 01/17/14 Page 3 of 27 PageID #: 2058 Case 2:13-cv-00900-JRG Document 52-23 Filed 03/25/14 Page 26of 26 PageID #: 289 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 5 of 77 PageID #: 828 Case 2:13-cv-00894-JRG Document 41-5 Filed 01/17/14 Page 4 of 27 PageID #: 2059 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 27 of 77 PageID #: 829 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 03/25/14 Page 28of 26 PageID #: 291 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 7 of 77 PageID #: 830 Case 2:13-cv-00894-JRG Document 41-5 Filed 01/17/14 Page 6 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 03/25/14 Page 29of 26 PageID #: 292 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 8 of 77 PageID #: 831 Case 2:13-cv-00894-JRG Document 41-5 Filed 01/17/14 Page 7 of 27 PageID #: 2062 EXHIBIT R Case 2:13-cv-00900-JRG Document 52-23 Filed 03/25/14 Page 30of 26 PageID #: 293 Case 1:14-cv-00055-SLR Document 1-3 Filed 03/21/14 Page 9 of 77 PageID #: 832 Case 2:13-cv-00894-JRG Document 41-5 Filed 01/17/14 Page 8 of 27 PageID #: 2063 Case 2:13-cv-00900-JRG Document 52-23 Filed 03/25/14 Page 31of 26 PageID #: 294 Case 1:14-cv-00055-SLR Document 1-3 01/17/14 9 27 2064 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/21/14 Page 10 of 77 PageID #: 833 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 03/21/14 11 27 2065 Case 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26 PageID #: 309 Case 1:14-cv-00055-SLR Document 1-3 03/21/14 25 27 2079 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 46 of 77 PageID #: 848 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 03/21/14 26 27 2080 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 47 of 77 PageID #: 849 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 03/21/14 27 27 2081 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 48 of 77 PageID #: 850 2:13-cv-00900-JRG 52-24 Filed 03/21/14 Page 1 77 PageID #: 851 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 49 of 5 PageID #: 2082 EXHIBIT 22 http://www.linkedin.com/in/dlindsay 2:13-cv-00900-JRG 52-24 Filed 03/21/14 Page 2 5 PageID #: 852 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 50 of 77 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 2:13-cv-00900-JRG 52-24 Filed 03/21/14 Page 3 77 PageID #: 853 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 51 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 2:13-cv-00900-JRG 52-24 Filed 03/21/14 Page 4 77 PageID #: 854 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 52 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 2:13-cv-00900-JRG 52-24 Filed 03/21/14 Page 5 5 PageID #: 855 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 53 of 77 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 03/25/14 Page 54of 13 PageID #: 2087 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/21/14 Page 1 of 77 PageID #: 856 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 03/25/14 Page 55of 13 PageID #: 2088 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/21/14 Page 2 of 77 PageID #: 857 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 03/25/14 Page 56of 13 PageID #: 2089 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/21/14 Page 3 of 77 PageID #: 858 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 03/25/14 Page 57of 13 PageID #: 2090 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/21/14 Page 4 of 77 PageID #: 859 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 03/25/14 Page 58of 13 PageID #: 2091 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/21/14 Page 5 of 77 PageID #: 860 What is Law Firm 2.0? Practice Areas Attorneys ATTORNEYS: Richard M. Lehrer Search: Clients News Careers Offices Contact: ATTORNEY NAME / OFFICE / SPECIALTY, ETC. William J. Akins José Javier Aparicio Sara J. Bass Richard P. Blessen Kimberly Dempsey Booher Lisa M. Brauner Lincoln W. Briggs Kevin E. Broyles Todd Butler Lisa A. Carroll Melissa M. Choe Milo S. Cogan Gregory A. Cole Jenna Colvin Michael T. Cone Bradley L. Cooper Jocelyn R. Dabeau Jennifer H. Davidow Anthony J. DoVale James J. Doyle Jr. Jeff Feldhahn Joel M. Ferdinand James M. Fisher II Deborah L. Fletcher Jana L. France Eric A. French Stephen F. Fusco Edward J. Gildea Tyler Giles Damon P. Goode John G. Graves Armand “Bud” Grunberger Jeffrey M. Hersh Debra S. Hill Robert W. Hoskyn Rachel Healey Huffstetler Julie Innmon Jill A. Jacobson Carl R. Johnston Cammi R. Jones Roger J. Kaplan W. Wayt King Jr. Joseph A. Klein Michael P. Kuhn Harvey A. Kurtz Richard M. Lehrer Ari D. Levine Carl Loeffler R. Bates Lovett Betsy B. McCall Michael E. Mermall Dan J. Mette Charles B. Meyer Charles D. Miller Mark T. Mitchell Gideon C. Moore David J. Myers Phi H. D. Nguyen Christina Pak Steven C. Papkin Panna P. Patel Mukti N. Patel Thomas J. Peters IV Bryan D. Pollard Newton G. Quantz III Elise A. Redmond Martin B. Robins Frank J. Scaturro Margaret B. Scullin Lemoine Skinner III Andrew W. Stone Steven D. Szuch Gordon W. Thomas William Thomas Watts Jr. Paul Wehrmann Alan S. Wernick James C. Wheeler Chris Wilson Bruce A. Wobeck Alison S. Woodrow Gerald W. Woods Paul W. 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. He has had multiple first chair jury trial experiences and has been counsel of record in many reported decisions. He has also prepared and negotiated numerous license agreements related to patents and technological know-how. Mr. Lehrer has drafted and prosecuted over 150 original patent applications and supervised and/or taken over the prosecution of many others. He has also prosecuted numerous US and International trademark applications. Mr. Lehrer’s particular technical specialties are in the areas of computers (hardware, software, networks, virtual private networks, Internet), telephones (hardwired, wireless, cellular, remote access, Voice over Internet Protocol (VoIP)), telephone switches, call centers, base transceiver stations, optical switches, electrical circuits and devices, video broadcasting, video conferencing, video-on-demand, Lasers, micro-electronic mirrors, medical devices (Laser, catheters and electrical nerve stimulation devices), toys, novelty items, packaging, statues, Internet commerce, business methods and various mechanical devices. Publications Richard M. Lehrer assisted by Jody Schecter – Overuse of the Inequitable Conduct Defense –BNA Patent, Trademark & Copyright Journal (2009) 4811-6237-8769, v. 1 © 2009-2013 FisherBroyles. All Rights Reserved Worldwide. heystac | Sitemap This communication may be considered attorney advertising. 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 03/25/14 Page 59of 13 PageID #: 2092 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/21/14 Page 6 of 77 PageID #: 861 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 03/25/14 Page 60of 13 PageID #: 2093 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/21/14 Page 7 of 77 PageID #: 862 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 03/25/14 Page 61of 13 PageID #: 2094 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/21/14 Page 8 of 77 PageID #: 863 "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 03/25/14 Page 62of 13 PageID #: 2095 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/21/14 Page 9 of 77 PageID #: 864 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 03/25/14 Page 10 of 13 PageID #: 2096 03/21/14 Case 2:13-cv-00894-JRG Document 41-5 63 77 865 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 03/25/14 Page 11 of 13 PageID #: 2097 03/21/14 Case 2:13-cv-00894-JRG Document 41-5 64 77 866 E. Robert Yoches Partner Practice Profile | Articles | Speaking Engagements | Podcasts | Litigation Pre-Trial Strategy IP Updates | News Trial Bob Yoches has extensive experience in patent infringement 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 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. ITC Section 337 Patent Litigation Patent Transactions and Strategic Counseling Opinions and Counseling Licensing, Pooling, and Other Transactions Patent Office Practice Patent Prosecution 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. Business Method Patents 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. Download vCard Listen to Podcasts 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 Industry 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 03/25/14 Page 12 of 13 PageID #: 2098 03/21/14 Case 2:13-cv-00894-JRG Document 41-5 65 77 867 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 03/25/14 Page 13 of 13 PageID #: 2099 03/21/14 Case 2:13-cv-00894-JRG Document 41-5 66 77 868 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 2:13-cv-00900-JRG 52-26 Filed 03/21/14 Page 1 77 PageID #: 869 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 67 of 3 PageID #: 2100 EXHIBIT 24 2:13-cv-00900-JRG 52-26 Filed 03/21/14 Page 2 3 PageID #: 870 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 68 of 77 PageID #:2101 ! $ %! 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We ty d More » Chris Cianciolo Senior Intellectual Property Counsel at Tyco International Westford, Massachusetts Previous Electrical/Electronic Manufacturing Saint-Gobain, Nortel Networks, Digital Equipment Corporation Education 225 connections Ads You May Be Interested In 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 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) Joseph Hogan 1 recommendation Eric Jensen Assistant General Counsel - Tyco Safety Products at Tyco International Intellectual Property Lawyer Thomas G. Field III 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 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 Vice President & General Counsel at Ericsson Werner Fröhling Top Skills 23 Intellectual Property 15 Patents 8 Patent Prosecution 6 Patentability 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 03/25/14 Page 72 of 4 PageID #: 2105 2:13-cv-00894-JRG 41-5 Filed 03/21/14 Page 3 77 PageID #: 874 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 03/25/14 Page 73 of 4 PageID #: 2106 2:13-cv-00894-JRG 41-5 Filed 03/21/14 Page 4 77 PageID #: 875 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 03/25/14 Page 74 of 4 PageID #: 2107 2:13-cv-00894-JRG 41-5 Filed 03/21/14 Page 1 77 PageID #: 876 EXHIBIT 26 5,385 357 2,472 454 1,121 981 18,348 1,655 1,160 5,624 8,270 1,370 269 24,469 1,264 5,953 13,614 1,483 1,918 237 12,387 3,196 1,086 573 906 2,359 2,354 682 394 837 1ST TOTAL 2ND 3RD 4TH 1,943 199,639 Circuit and District MD NC,E NC,M NC,W SC VA,E VA,W WV,N WV,S DE NJ PA,E PA,M PA,W VI CT NY,N NY,E NY,S NY,W VT ME MA NH RI PR DC Number of Cases 7.5 7.8 8.9 11.4 8.1 8.9 5.2 7.1 8.3 7.5 9.4 8.0 6.1 15.1 7.1 6.2 17.8 8.8 10.6 11.9 8.8 8.3 8.0 8.8 10.5 7.5 8.4 8.4 27.9 12.7 9.0 8.5 Median Time Interval in Months Total Cases 2,331 429 324 364 291 252 332 183 99 57 2,523 452 528 583 459 360 141 3,806 834 239 1,210 1,162 326 35 1,100 141 646 89 80 144 776 43,581 Number of Cases 5.5 6.7 7.8 10.1 5.0 3.9 3.2 3.0 6.1 2.9 3.9 4.7 3.8 3.2 4.4 2.8 13.1 5.2 8.3 5.2 5.8 4.2 2.8 4.0 3.7 5.9 3.0 3.3 6.7 6.4 7.3 5.0 Median Time Interval in Months No Court Action 8,367 2,131 748 172 510 1,949 1,387 436 285 749 18,088 686 3,368 11,598 924 1,502 10 10,594 707 585 3,152 4,924 1,001 225 2,927 196 791 186 998 756 1,111 129,022 Number of Cases 7.2 6.2 9.4 12.9 8.8 9.0 4.3 8.5 9.0 7.6 10.1 9.0 3.5 18.0 7.8 7.1 31.0 8.5 11.3 12.3 8.3 7.3 9.8 9.2 11.4 8.6 7.2 5.6 31.1 13.1 10.3 8.6 Median Time Interval in Months Before Pretrial 1,505 582 7 26 90 128 588 54 7 23 3,557 82 1,994 1,318 61 37 65 3,615 69 304 1,158 2,046 32 6 1,257 18 974 168 32 65 12 24,261 Number of Cases 10.2 12.9 19.1 12.8 12.0 7.8 9.6 19.0 11.7 11.6 13.0 9.4 18.6 24.3 19.2 12.2 16.5 16.0 12.1 11.5 37.4 - 15.2 17.4 15.1 13.8 14.3 20.7 34.6 12.6 Median Time Interval in Months Court Action During or After Pretrial 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 184 54 7 11 15 30 47 9 3 8 301 44 63 115 39 19 21 333 45 32 104 138 11 3 101 2 61 11 11 16 44 2,775 Number of Cases Case 2:13-cv-00900-JRG Document 52-28 Filed 03/21/14 Page 2 of 4 PageID #: 2108 Page 1 of 3 19.2 27.9 21.4 25.2 21.5 11.9 - 26.9 33.0 35.6 17.5 28.7 27.0 31.9 32.2 38.4 28.8 30.5 29.2 68.0 - 30.1 31.1 18.3 40.4 29.5 43.0 23.7 Median Time Interval in Months Trial Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 75 of 77 PageID #: 877 AR,E AR,W IA,N IA,S MN MO,E MO,W NE ND SD IL,N IL,C IL,S IN,N IN,S WI,E WI,W KY,E KY,W MI,E MI,W OH,N OH,S TN,E TN,M TN,W LA,E LA,M LA,W MS,N MS,S TX,N TX,E TX,S TX,W 22,882 6,273 596 1,366 606 1,442 3,311 2,523 4,474 2,291 16,534 1,056 1,124 4,453 1,134 2,939 2,228 1,247 1,249 1,104 15,706 8,791 769 1,106 1,312 2,038 1,030 660 13,885 4,108 877 413 503 2,836 2,269 1,970 507 173 229 5TH 6TH 7TH 8TH Circuit and District Number of Cases 12.2 46.7 11.7 9.9 8.2 5.6 10.6 9.4 8.7 8.4 12.4 7.6 6.7 9.3 10.7 10.0 8.8 6.7 6.1 8.9 9.0 8.1 7.7 7.3 8.5 9.8 10.3 10.7 10.9 10.7 26.0 11.4 12.6 10.4 10.1 6.7 8.3 7.2 7.3 Median Time Interval in Months Total Cases Table C-5. (June 30, 2013—Continued) 4,853 1,017 126 82 84 1,357 1,076 945 40 10 116 4,374 2,450 321 482 369 305 224 223 5,017 157 310 1,044 211 881 858 616 241 699 5,168 176 169 496 208 723 600 622 1,456 718 Number of Cases 7.4 47.0 10.3 8.5 4.3 2.5 9.4 5.5 2.4 1.1 11.8 5.5 5.8 6.9 10.9 3.5 3.4 3.2 2.6 4.7 4.4 4.3 3.2 2.0 4.1 5.2 5.6 14.6 10.1 5.7 1.1 9.7 8.8 7.6 7.9 5.6 6.5 4.1 6.2 Median Time Interval in Months No Court Action 7,943 3,056 733 318 304 721 1,150 957 438 160 106 8,904 5,539 428 590 445 933 767 202 7,646 866 761 1,592 652 1,252 687 492 978 366 15,502 5,147 381 781 229 668 2,661 1,830 2,374 1,431 Number of Cases 13.6 46.6 11.8 9.8 7.1 5.6 11.1 11.3 9.0 8.5 12.7 7.0 6.3 10.5 10.3 8.7 6.6 7.2 6.4 8.9 9.0 8.9 5.3 7.3 11.7 11.0 12.2 10.0 11.1 12.0 31.1 11.3 14.1 10.6 11.4 6.8 8.6 8.3 6.9 Median Time Interval in Months Before Pretrial 915 4 2 2 102 736 10 45 11 1 2 2,224 694 5 12 479 790 23 221 3,682 22 43 1,776 256 783 653 116 10 23 1,880 894 32 51 158 28 2 30 588 97 Number of Cases 13.3 14.6 12.5 19.8 15.6 17.8 - 12.6 11.2 26.3 16.4 12.4 16.3 11.0 12.6 23.6 13.7 13.2 12.3 10.1 12.9 14.8 19.3 22.8 13.3 14.5 17.4 20.5 14.1 20.1 20.5 9.5 17.0 Median Time Interval in Months Court Action During or After Pretrial 174 31 16 11 13 22 33 23 18 2 5 204 108 15 22 19 10 16 14 189 11 10 41 15 23 30 23 20 16 332 56 14 38 11 23 48 41 56 45 Number of Cases Case 2:13-cv-00900-JRG Document 52-28 Filed 03/21/14 Page 3 of 4 PageID #: 2109 Trial Page 2 of 3 21.9 18.8 19.8 22.2 22.1 24.7 22.4 20.3 23.3 - 26.7 28.6 41.2 24.5 29.5 32.1 18.2 14.5 25.5 28.0 36.2 21.4 21.8 24.7 33.6 22.3 25.9 22.8 21.6 19.9 34.7 26.2 28.5 18.4 21.3 25.5 21.3 19.5 Median Time Interval in Months Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 76 of 77 PageID #: 878 25,438 2,576 650 568 11TH 4,171 753 566 8,535 2,611 1,272 910 739 384 1,178 1,232 209 10TH 34,127 256 2,380 4,934 2,906 11,987 2,321 685 493 458 2,159 1,798 742 2,955 26 27 6.7 9.3 8.1 7.3 8.6 9.9 8.0 8.5 6.3 7.8 8.9 11.9 11.3 8.9 11.0 10.8 6.9 9.0 7.2 6.6 8.8 5.6 6.6 9.6 9.9 8.6 8.8 10.2 10.0 6.2 16.8 32.1 Median Time Interval in Months 440 239 201 2,197 78 59 110 2,314 817 378 345 56 209 280 161 68 9,122 49 105 781 1,068 4,106 343 340 42 163 348 631 298 821 6 21 Number of Cases 2.6 6.1 6.6 3.9 2.5 2.8 2.8 5.4 4.2 5.0 6.9 3.3 11.0 3.9 6.8 5.9 4.6 5.2 2.4 3.7 6.0 4.9 3.4 7.1 1.6 3.9 5.3 7.3 5.2 2.4 21.1 Median Time Interval in Months No Court Action 2,298 503 346 21,226 2,441 536 439 5,038 1,606 772 358 656 161 470 963 52 21,676 198 2,090 2,662 1,754 7,576 1,223 281 366 172 1,703 1,124 426 2,083 14 4 Number of Cases 5.0 10.8 9.6 7.2 8.5 9.6 8.3 8.5 6.3 8.0 9.3 12.2 11.2 8.5 10.8 6.8 7.0 9.2 7.1 4.9 10.3 5.8 5.2 9.3 9.8 8.5 9.2 11.2 13.0 7.7 18.4 - Median Time Interval in Months Before Pretrial 1,408 1 12 1,720 25 43 12 1,015 125 102 189 18 10 406 84 81 2,879 2 156 1,441 62 143 724 45 74 112 81 8 9 14 6 2 Number of Cases 11.6 26.4 12.7 25.9 16.9 16.5 13.8 18.0 18.5 11.9 21.8 14.3 12.1 21.5 12.6 13.4 14.6 12.2 17.4 16.6 13.2 19.6 18.1 14.0 8.3 16.2 - Median Time Interval in Months Court Action During or After Pretrial 25 10 7 295 32 12 7 168 63 20 18 9 4 22 24 8 450 7 29 50 22 162 31 19 11 11 27 35 9 37 0 0 Number of Cases Trial 24.9 20.8 - 19.3 20.9 20.8 - 23.1 22.7 25.8 25.4 18.7 39.1 - 23.1 25.4 27.5 31.5 20.4 26.5 11.7 28.1 19.0 39.9 20.2 20.1 - Median Time Interval in Months Page 3 of 3 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. GA,N GA,M GA,S AL,N AL,M AL,S CO KS NM OK,N OK,E OK,W UT WY 9TH AK AZ CA,N CA,E CA,C CA,S HI ID MT NV OR WA,E WA,W GUAM NMI Circuit and District Number of Cases Total Cases Table C-5. (June 30, 2013—Continued) Case 2:13-cv-00900-JRG Document 52-28 Filed 03/21/14 Page 4 of 4 PageID #: 2110 Case 2:13-cv-00894-JRG Document 41-5 Filed 03/25/14 Page 77 of 77 PageID #: 879

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