Google Inc. v. Rockstar Consortium US LP et al

Filing 50

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 C, # 9 Exhibit D)(Warren, Matthew) (Filed on 3/28/2014)

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EXHIBIT 6
Part 3

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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

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REDACTED

REDACTED

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EXHIBIT 19

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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;

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Radian 6 Technologies and its shareholders in its $350M+ acquisition by Salesforce.com in 2011;
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IMRIS Inc. in its IPOs in Canada in 2007 and in the US in 2010, and generally in its other M&A and
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Plano, TX 75024
[e-mail]
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Have a passion for innovation and technology? There could be a place for you
at Rockstar. Join our staff of engineering and legal professionals.

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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.
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Gillian McColgan, CTO

Gillian McColgan, CTO

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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.
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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,

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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.
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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

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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.
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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.
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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.
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Rockstar | Patent licensing and patent sales
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Second notice.
From: Mark Wilson [mailto:[e-mail]]
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

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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/

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27
2064
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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

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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

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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

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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

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4

Mobile Devices

Rapid Prototyping

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http://massbbo.org/bbolookup.php?sl=Greenberg&sf=Robert&sc=&soundex=&hit=1dogfood&srcid=Z29vZ2xlLmNvbXxyb2Nrc3Rhci12LWFuZH...

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Massachusetts Board of Bar Overseers
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Attorney Status Report
Robert A. Greenberg
Intel Americas
978-760-3189
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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
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Data as of 03/20/14
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This attorney has no record of public discipline.

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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

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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.

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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
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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)

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Commonwealth of Virginia - 1998
Registered to practice before the United States Patent and Trademark Office - 1995

Affiliations:
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American Intellectual Property Law Association
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New York Office
Large Firm Experience:
Baker Hostetler LLP
Mintz Levin PC
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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

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1

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Brian J. McNamara
Retired Partner

[e-mail]

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/

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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/

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"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/

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James T. Wilson
Partner

Practice

Profile | Articles | News

Litigation
Trial

James Wilson litigates complex intellectual property cases.
James T. Wilson
202.408.6070
[e-mail]
901 New York Avenue, NW
Washington, DC
20001-4413
202.408.4000
Fax [phone]
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/

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Case 2:13-cv-00895-JRG Document 34-9
63 77
617
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/

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618

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
[e-mail]
901 New York Avenue, NW
Washington, DC
20001-4413
202.408.4000
Fax [phone]

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/

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03/21/14
Case 2:13-cv-00895-JRG Document 34-9
65 77
619
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 03/28/14 Page 13 of 13 PageID #: 2099
03/21/14
Case 2:13-cv-00895-JRG Document 34-9
66 77
620
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 #: 621
Case 2:13-cv-00895-JRG Document 34-9 Filed 03/28/14 Page 67 of 3 PageID #: 2100

EXHIBIT 24

2:13-cv-00900-JRG
52-26 Filed 03/21/14 Page 2 3 PageID #: 622
Case 2:13-cv-00895-JRG Document 34-9 Filed 03/28/14 Page 68 of 77 PageID #:2101

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2:13-cv-00900-JRG
52-26 Filed 03/21/14 Page 3 3 PageID #: 623
Case 2:13-cv-00895-JRG Document 34-9 Filed 03/28/14 Page 69 of 77 PageID #:2102

!

2:13-cv-00900-JRG
52-27 Filed 03/21/14 Page 1 77 PageID #: 624
Case 2:13-cv-00895-JRG Document 34-9 Filed 03/28/14 Page 70 of 4 PageID #: 2103

EXHIBIT 25

Case 2:13-cv-00895-JRG Document 34-9 Filed 03/28/14 Page 71 of 77 PageID #: 625

Want more clients? - You Close the Deal. W Do the Rest. Google Visibility & Leads for Lawyers. | Read M
ore
. 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

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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.

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Intellectual Property Counsel
Saint-Gobain

People Also Viewed

March 2012 – November 2012 (9 months) | Worcester, Ma
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Crystals, Industrial Fabrics, High performance refractories and University Agreements

Vice President Intellectual Property Law
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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 03/28/14 Page 72 of 4 PageID #: 2105
2:13-cv-00895-JRG
34-9 Filed 03/21/14 Page 3 77 PageID #: 626
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

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Case 2:13-cv-00900-JRG Document 52-27 Filed 03/28/14 Page 73 of 4 PageID #: 2106
2:13-cv-00895-JRG
34-9 Filed 03/21/14 Page 4 77 PageID #: 627
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Case 2:13-cv-00900-JRG Document 52-28 Filed 03/28/14 Page 74 of 4 PageID #: 2107
2:13-cv-00895-JRG
34-9 Filed 03/21/14 Page 1 77 PageID #: 628

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-00895-JRG Document 34-9 Filed 03/28/14 Page 75 of 77 PageID #: 629

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-00895-JRG Document 34-9 Filed 03/28/14 Page 76 of 77 PageID #: 630

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-00895-JRG Document 34-9 Filed 03/28/14 Page 77 of 77 PageID #: 631