Case 2:20-cv-07872-GW-PVC Document 308-7 Filed 03/26/24 Page 1 of 7 Page ID
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`#:16399
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`Dustin J. Edwards (pro hac vice
`dedwards@winston.com
`WINSTON & STRAWN LLP
`800 Capitol St., Suite 2400
`Houston, TX 77002-2925
`Telephone: (713) 651-2600
`Facsimile:
`(713) 651-2700
`
`Diana Hughes Leiden (SBN: 267606)
`dhleiden@winston.com
`WINSTON & STRAWN LLP
`333 S. Grand Avenue, 38th Floor
`Los Angeles, CA 90071-1543
`Telephone: (213) 615-1700
`Facsimile:
`(213) 615-1750
`
`
`George C. Lombardi (pro hac vice)
`glombardi@winston.com
`WINSTON & STRAWN LLP
`35 West Wacker Drive
`Chicago, IL 60601-9703
`Telephone: (312) 558-5600
`Facsimile:
`(312) 558-5700
`
`E. Danielle T. Williams (pro hac vice)
`dwilliams@winston.com
`WINSTON & STRAWN LLP
`300 South Tryon Street, 16th Floor
`Charlotte, NC 28202
`Telephone: (704) 350-7700
`Facsimile:
`(704) 350-7800
`
`Michael S. Elkin (pro hac vice)
`melkin@winston.com
`WINSTON & STRAWN LLP
`200 Park Avenue
`New York, NY 10166
`Telephone: (212) 294-6700
`Facsimile: (212) 294-4700
`
`Attorneys for Defendants
`BANK OF AMERICA CORPORATION
`and BANK OF AMERICA, N.A.
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`UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`Case No. 2:20-cv-07872-GW-PVC
`NANTWORKS, LLC, a Delaware
`limited liability company, and
`
`NANT HOLDINGS IP, LLC, a
`Judge: Hon. George H. Wu
`
`Delaware limited liability company,
`DECLARATION OF E. DANIELLE T.
`
`WILLIAMS IN SUPPORT OF
`Plaintiffs,
`DEFENDANTS’ MOTION TO STRIKE
`
`PORTIONS OF THE EXPERT REPORT
`vs.
`OF DR. DAN SCHONFELD
`
`BANK OF AMERICA
`
`CORPORATION, a Delaware
`Hon. George H. Wu
`corporation, and BANK OF
`United States District Court Judge
`AMERICA, N.A., a national banking
`Hearing Date: May 2, 2024
`association,
`Time: 8:30 AM
`
`Place: Courtroom 9D
`
`
`
`
`
`Defendants.
`
`
`
`1
`DECLARATION IN SUPPORT OF APPLICATION TO FILE UNDER SEAL
`CASE NO. 2:20-CV-07872-GW-PVC
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`

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`Case 2:20-cv-07872-GW-PVC Document 308-7 Filed 03/26/24 Page 2 of 7 Page ID
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`#:16400
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`DECLARATION OF E. DANIELLE T. WILLIAMS
`I, E. Danielle T. Williams, hereby declare, under penalty of perjury as follows:
`1.
`I am a partner at Winston & Strawn, LLP, counsel for the Defendants Bank
`of America Corporation and Bank of America, N.A. (“Defendants”) in this matter. I
`am over the age of eighteen years old, and I have personal knowledge of each and every
`fact stated in this declaration. If called to testify, I could testify competently thereto. I
`make this declaration in support of Defendants’ Motion to Strike Portions of the Expert
`Report of Dr. Dan Schonfeld.
`2.
`Attached hereto as Exhibit 1 is an excerpted copy of the Expert Report of
`Dan Schonfeld Regarding the Infringement of the Asserted Claims (Schonfeld Report).
`Plaintiffs NantWorks, LLC and Nant Holdings IP, LLC (“Plaintiffs”) designated the
`Schonfeld Report as “Highly Confidential—Attorneys’ Eyes Only” and “Highly
`Confidential—Source Code” under the parties’ stipulated protective order (Dkt. Nos.
`102, 210).
`3.
`Attached hereto as Exhibit 2 is a copy of March 1, 2024 Letter from B.
`Lynch to D. Williams. Plaintiffs designated the Letter as Highly Confidential—
`Attorneys’ Eyes Only under the parties’ stipulated protective order (Dkt. Nos. 102,
`210).
`
`4.
`Attached hereto as Exhibit 3 is an excerpted copy of Plaintiffs’ Third
`Supplemental Objections and Responses to Defendants Third Set of Interrogatories
`(Nos. 10-25), which Plaintiffs designated as Highly Confidential—Attorneys’ Eyes
`Only under the parties’ stipulated protective order (Dkt. Nos. 102, 210).
`5.
`Attached hereto as Exhibit 4 is an excerpted copy of Plaintiffs’ Corrected
`Third Supplemental Objections and Responses
`to Defendants Third Set of
`Interrogatories (Nos. 10-25), which Plaintiffs designated as Highly Confidential—
`Attorneys’ Eyes Only under the parties’ stipulated protective order (Dkt. Nos. 102,
`210).
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`6.
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`Attached hereto as Exhibit 5 is an excerpted copy of Plaintiffs’ Second
`2
`DECLARATION IN SUPPORT OF APPLICATION TO FILE UNDER SEAL
`CASE NO. 2:20-CV-07872-GW-PVC
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`Case 2:20-cv-07872-GW-PVC Document 308-7 Filed 03/26/24 Page 3 of 7 Page ID
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`#:16401
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`Supplemental Objections and Responses to Defendants Third Set of Interrogatories
`(Nos. 10-25), which Plaintiffs designated as Highly Confidential—Attorneys’ Eyes
`Only under the parties’ stipulated protective order (Dkt. Nos. 102, 210).
`7.
`Attached hereto as Exhibit 6 is a copy of Plaintiffs’ Second Supplemental
`Objections and Responses to Defendants Fifth Set of Interrogatories (29), which
`Plaintiffs designated as Highly Confidential—Attorneys’ Eyes Only under the parties’
`stipulated protective order (Dkt. Nos. 102, 210).
`8.
`Attached hereto as Exhibit 7 is a copy of Final Ruling on Claim
`Construction/Markman Hearing.
`9.
`Attached hereto as Exhibit 8 is an excerpted copy of the Transcript of the
`October 10, 2023 Deposition of Pavan Chayanam, which Defendants designated as
`Highly Confidential—Attorneys’ Eyes Only and Highly Confidential, Source Code (for
`deposition questions and answers for Deposition Exhibit 11 only) under the parties’
`stipulated protective order (Dkt. Nos. 102, 210).
`10. Attached hereto as Exhibit 9 is an excerpted copy of the Transcript of the
`October 19, 2023 Deposition of Charles Christopher Harbinson, which Defendants
`designated as Highly Confidential—Attorneys’ Eyes Only and Highly Confidential—
`Source Code (for any deposition testimony involving source code) under the parties’
`stipulated protective order (Dkt. Nos. 102, 210).
`11. Attached hereto as Exhibit 10 is an excerpted copy of the Transcript of the
`November 16, 2023 Deposition of Fred Fortaleza Fernandez, Jr., which Third Party
`Mitek designated as Highly Confidential—Attorneys’ Eyes Only and Highly
`Confidential—Source Code under the parties’ stipulated protective order (Dkt. Nos.
`102, 210).
`12. Attached hereto as Exhibit 11 is Plaintiffs’ Preliminary Final Infringement
`Contentions, Exhibit 1 – ’278 Final Infringement Claim Chart, which Plaintiffs
`designated as Highly Confidential—Attorneys’ Eyes Only and Highly Confidential—
`Source Code under the parties’ stipulated protective order (Dkt. Nos. 102, 210).
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`DECLARATION IN SUPPORT OF APPLICATION TO FILE UNDER SEAL
`CASE NO. 2:20-CV-07872-GW-PVC
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`Case 2:20-cv-07872-GW-PVC Document 308-7 Filed 03/26/24 Page 4 of 7 Page ID
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`#:16402
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`13. Attached hereto as Exhibit 12 is Plaintiffs’ Preliminary Final Infringement
`Contentions, Exhibit 2 – ’529 Final Infringement Claim Chart, which Plaintiffs
`designated as Highly Confidential—Attorneys’ Eyes Only and Highly Confidential—
`Source Code under the parties’ stipulated protective order (Dkt. Nos. 102, 210).
`14. Attached hereto as Exhibit 13 is Plaintiffs’ Preliminary Final Infringement
`Contentions, Exhibit 3 – ’252 Final Infringement Claim Chart, which Plaintiffs
`designated as Highly Confidential—Attorneys’ Eyes Only and Highly Confidential—
`Source Code under the parties’ stipulated protective order (Dkt. Nos. 102, 210).
`15. Attached hereto as Exhibit 14 is Plaintiffs’ Preliminary Final Infringement
`Contentions, Exhibit 5, which Plaintiffs designated as Highly Confidential—Attorneys’
`Eyes Only and Highly Confidential—Source Code under the parties’ stipulated
`protective order (Dkt. Nos. 102, 210).
`16. Attached hereto as Exhibit 15 is a copy of U.S. Pat. No 7,881,529.
`17. Attached hereto as Exhibit 16 is a copy of U.S. Pat. No 7,899,252.
`18. Attached hereto as Exhibit 17 is a copy of U.S. Pat. No 8,478,036.
`19. Attached hereto as Exhibit 18 is a copy of U.S. Pat. No 9,031,278.
`20. Attached hereto as Exhibit 19 is a copy of U.S. Pat. No 9,324,004.
`21. Attached hereto as Exhibit 20 is Plaintiffs’ Preliminary Final Infringement
`Contentions, Exhibit 6 – ’036 Final Infringement Claim Chart, which Plaintiffs
`designated as Highly Confidential—Attorneys’ Eyes Only and Highly Confidential—
`Source Code under the parties’ stipulated protective order (Dkt. Nos. 102, 210).
`22. Attached hereto as Exhibit 21 is Order on Joint Stipulation to Extend Case
`Schedule.
`23. Attached hereto as Exhibit 22 is Defendants’ December 20, 2023
`Supplemental Objections and Responses to Plaintiffs’ First Set of Interrogatories (Nos.
`4–5), which Defendants designated as Highly Confidential—Attorneys’ Eyes Only
`under the parties’ stipulated protective order (Dkt. Nos. 102, 210).
`24. Attached hereto as Exhibit 23 is an August 19, 2023 Letter from D.
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`DECLARATION IN SUPPORT OF APPLICATION TO FILE UNDER SEAL
`CASE NO. 2:20-CV-07872-GW-PVC
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`Case 2:20-cv-07872-GW-PVC Document 308-7 Filed 03/26/24 Page 5 of 7 Page ID
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`#:16403
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`Williams to E. Huang, which Defendants designated as Highly Confidential—
`Attorneys’ Eyes Only under the parties’ stipulated protective order (Dkt. Nos. 102,
`210).
`
`25. Attached hereto as Exhibit 24 is the Expert Report and Disclosure of Dawn
`Hall, submitted January 30, 2024, which Defendants designated as Highly
`Confidential—Attorneys’ Eyes Only under the parties’ stipulated protective order (Dkt.
`Nos. 102, 210).
`26. Attached hereto as Exhibit 25 is the Expert Report of James Storer, Ph.D.
`regarding Non-Infringing Alternatives to Certain Claims of U.S. Patents Nos.
`7,881,529, 7,899,252, 8,478,036, 9,031,278 and 9,324, 004, submitted January 30,
`2024, which Defendants designated as Highly Confidential—Attorneys’ Eyes Only
`under the parties’ stipulated protective order (Dkt. Nos. 102, 210).
`27. Attached hereto as Exhibit 26 is the Rebuttal Report of Dawn Hall,
`submitted March 19, 2024, which Defendants designated as Highly Confidential—
`Attorneys’ Eyes Only under the parties’ stipulated protective order (Dkt. Nos. 102,
`210).
`
`28. Attached hereto as Exhibit 27 is the Rebuttal Report of James Storer,
`submitted March 19, 2024, which Defendants designated as Highly Confidential—
`Attorneys’ Eyes Only and Highly Confidential—Source Code under the parties’
`stipulated protective order (Dkt. Nos. 102, 210).
`29. On March 22, 2024 and March 25, 2024, Counsel for Plaintiffs and
`Defendants conferred about Defendants’ filing these materials to limit, if not entirely
`avoid, the necessity of this Application.
`30. On March 22, 2024, Counsel for Defendants also conferred with counsel
`for third-party, Mitek in a similar manner, and Mitek’s counsel requested that the
`entirety of these documents be filed under seal.
`31. Good cause exists to file these materials under seal. The “Highly
`Confidential – Attorneys’ Eyes Only” information in these documents contain (i) non-
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`DECLARATION IN SUPPORT OF APPLICATION TO FILE UNDER SEAL
`CASE NO. 2:20-CV-07872-GW-PVC
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`Case 2:20-cv-07872-GW-PVC Document 308-7 Filed 03/26/24 Page 6 of 7 Page ID
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`#:16404
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`public details about Bank of America’s vendors and (ii) Plaintiffs’ allegations
`concerning non-public, proprietary details about the design and functionality of Bank
`of America’s mobile check deposit system, which includes excerpts and/or references
`to source code of Bank of America and its vendors designated “Highly Confidential –
`Source Code.” If such information were made public, competitors of Bank of America
`and its vendors would gain access to Bank of America’s business practices and technical
`details regarding the design and functionality of its products, including the components
`provided by its vendors. Bank of America does not share this type of information
`publicly because it could significantly harm Bank of America’s competitive standing
`and is subject to contractual obligations of confidentiality to its vendors.
`I declare under penalty of perjury that the foregoing is true and correct.
`Executed on this 26th day of March, 2024 in Winston-Salem, North Carolina.
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`/s/
`E. Danielle T. Williams
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`DECLARATION IN SUPPORT OF APPLICATION TO FILE UNDER SEAL
`CASE NO. 2:20-CV-07872-GW-PVC
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`Case 2:20-cv-07872-GW-PVC Document 308-7 Filed 03/26/24 Page 7 of 7 Page ID
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`CERTIFICATE OF SERVICE
`I certify that on March 26, 2024, I caused a true and correct copy of the foregoing
`document titled “Declaration of E. Danielle T. Williams in Support of Defendants’
`Motion to Strike Portions of the Expert report of Dr. Dan Schonfeld” to be served via
`email to all counsel of record who have appeared for Plaintiffs in this matter.
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`Dated: March 26, 2024
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`By: /s/ E. Danielle T. Williams
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`E. Danielle T. Williams
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`DECLARATION IN SUPPORT OF APPLICATION TO FILE UNDER SEAL
`CASE NO. 2:20-CV-07872-GW-PVC
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