Case 2:20-cv-07872-GW-PVC Document 302-2 Filed 03/12/24 Page 1 of 3 Page ID
`#:11212
`
`QUINN EMANUEL URQUHART
` & SULLIVAN, LLP
`James R. Asperger (Bar No. 83188)
`jimasperger@quinnemanuel.com
`Rachael McCracken
`rachaelmccracken@quinnemanuel.com
`865 South Figueroa Street, 10th Floor
`Los Angeles, CA 90017-2543
`Telephone: (213) 443-3000
`Facsimile: (213) 443-3100
`
`QUINN EMANUEL URQUHART
` & SULLIVAN, LLP
`Kevin P.B. Johnson (Bar No. 177129)
`kevinjohnson@quinnemanuel.com
`Todd M. Briggs (Bar No. 209282)
`toddbriggs@quinnemanuel.com
`Brice C. Lynch (Bar No. 288567)
`bricelynch@quinnemanuel.com
`555 Twin Dolphin Drive, 5th Floor
`Redwood Shores, California 94065
`Telephone: (650) 801-5000
`Facsimile: (650) 801-5100
`
`QUINN EMANUEL URQUHART
` & SULLIVAN, LLP
`Eric Huang (pro hac vice)
`erichuang@quinnemanuel.com
`51 Madison Avenue, 22nd Floor
`New York, New York 10010
`Telephone: (212) 849-7000
`Facsimile: (212) 849-7100
`
`Attorneys for Plaintiffs
`NANTWORKS, LLC and NANT HOLDINGS IP, LLC
`
`UNITED STATES DISTRICT COURT
`
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`NANTWORKS, LLC, a Delaware
`limited liability company, and NANT
`HOLDINGS IP, LLC, a Delaware
`limited liability company,
`
`Plaintiffs,
`
`vs.
`
`BANK OF AMERICA
`CORPORATION, a Delaware
`corporation, and BANK OF
`AMERICA, N.A., a national banking
`association,
`
`Defendants.
`
`CASE NO. 2:20-cv-7872-GW-PVC
`
`DECLARATION OF BRICE C.
`LYNCH IN SUPPORT OF
`NANTWORKS’ MOTION TO
`STRIKE PORTIONS OF THE
`EXPERT REPORT OF DR.
`NATHANIEL POLISH
`
`Hon. George H. Wu
`United States District Court Judge
`Hearing Date: April 18, 2024
`Time: 8:30 AM
`Place: Courtroom 9D
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`Case No. 2:20-cv-7872-GW-PVC
`DECLARATION OF BRICE C. LYNCH IN SUPPORT OF NANTWORKS’
`MOTION TO STRIKE PORTIONS OF THE EXPERT REPORT OF DR. NATHANIEL POLISH
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 302-2 Filed 03/12/24 Page 2 of 3 Page ID
`#:11213
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`I, Brice C. Lynch, declare as follows:
`
`1.
`
`I am an attorney duly licensed to practice law in the State of California
`
`and admitted before this Court. I am an attorney at Quinn Emanuel Urquhart &
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`Sullivan, LLP, counsel for Plaintiffs NantWorks LLC and Nant Holding IP, LLC
`
`(“NantWorks”). I have personal knowledge of the facts set forth in this declaration,
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`and if called as a witness I would testify competently to those facts.
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`2.
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`Attached hereto as Exhibit A is a true and correct copy of Defendants
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`Bank of America Corporation and Bank of America N.A.’s (“BoA”) Final Election
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`of Prior Art, served on January 28, 2022.
`
`3.
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`Attached hereto as Exhibit B is a true and correct excerpted copy of
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`BoA’s Final Invalidity Contentions (the “FIC”), served on September 8, 2023. The
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`FIC was designated “Contains Material Designated ‘Confidential – Attorney Eyes
`
`Only’ in Section VII.”
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`4.
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`Attached hereto as Exhibit C is a true and correct copy of the exhibits
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`attached to BoA’s Final Invalidity Contentions, served concurrently with the Final
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`Invalidity Contentions on September 8, 2023.
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`5.
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`Attached hereto as Exhibit D is a true and correct copy of the Expert
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`Report of Nathaniel Polish regarding Invalidity of certain claims of the patents-in-
`
`suit, served on January 30, 2024. The Polish Report was designated by BoA as Highly
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`Confidential – Attorney Eyes Only.
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`6.
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`Attached hereto as Exhibit E is a true and correct copy of Appendix A to
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`BoA’s Preliminary Invalidity Contentions, served concurrently with BoA’s
`
`Preliminary Invalidity Contentions on April 8, 2021.
`
`7.
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`Attached hereto as Exhibit F is a true and correct excerpted copy of
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`NantWorks’ Supplemental Responses to BoA’s Third Set of Interrogatories, served
`
`on December 20, 2023.
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`Case No. 2:20-cv-7872-GW-PVC
`DECLARATION OF BRICE C. LYNCH IN SUPPORT OF NANTWORKS’
`MOTION TO STRIKE PORTIONS OF THE EXPERT REPORT OF DR. NATHANIEL POLISH
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`Case 2:20-cv-07872-GW-PVC Document 302-2 Filed 03/12/24 Page 3 of 3 Page ID
`#:11214
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`8.
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`Attached hereto as Exhibit G is a true and correct redline comparison of
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`Section IV. B. “Obviousness Under 35 U.S.C. §103” of BoA’s FIC and BoA’s April
`
`8, 2021 Preliminary Invalidity Contentions, generated at my direction.
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`I declare under penalty of perjury under the laws of the United States of
`
`America and the State of California that the foregoing is true and correct, and that
`this declaration was executed in Walnut Creek, California, on March 12, 2024.
`
`Executed on March 12, 2024
`
`By
`/s/ Brice C. Lynch
`Brice C. Lynch
`
`2
`Case No. 2:20-cv-7872-GW-PVC
`DECLARATION OF BRICE C. LYNCH IN SUPPORT OF NANTWORKS’
`MOTION TO STRIKE PORTIONS OF THE EXPERT REPORT OF DR. NATHANIEL POLISH
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