Case 2:20-cv-07872-GW-PVC Document 339 Filed 05/04/24 Page 1 of 6 Page ID #:30972
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`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
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`UNITED STATES DISTRICT COURT
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`FOR THE CENTRAL DISTRICT OF CALIFORNIA
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`NANTWORKS, LLC, a Delaware
`limited liability company, and NANT
`HOLDINGS IP, LLC, a Delaware
`limited liability company,
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`
`Plaintiffs,
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`
`BANK OF AMERICA
`CORPORATION, a Delaware
`corporation, and BANK OF
`AMERICA, N.A., a national banking
`association,
`
`
`vs.
`
`Defendants.
`
`
` CASE NO. 2:20-cv-7872-GW-PVC
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`PLAINTIFFS’ APPLICATION TO
`FILE DOCUMENTS UNDER SEAL
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`Judge: Hon. George H. Wu
`Ctrm: 9D
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`Case No. 2:20-cv-7872-GW-PVC
`PLAINTIFFS’ APPLICATION TO FILE DOCUMENTS UNDER SEAL
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`Case 2:20-cv-07872-GW-PVC Document 339 Filed 05/04/24 Page 2 of 6 Page ID #:30973
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`PLEASE TAKE NOTICE that pursuant to Civil Local Rule 79-5, Plaintiffs
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`NantWorks, LLC, and Nant Holdings IP, LLC (collectively, “NantWorks”),
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`respectfully submit this application to the Court for an order sealing the materials
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`described below that are filed in connection with Plaintiffs’ Motion for Summary
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`Judgment of No Invalidity Based on Prior Art. This application pertains to the
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`following items:
` Exhibits 1, 2, 21, 26, 29, 30, 33, 34, 36, 37, 38, and 39 to the Declaration
`of Brice C. Lynch in Support of Plaintiffs’ Motion for Summary
`
`Judgment of No Invalidity Based on Prior Art (the “MPSJ”).
` Exhibits A and B attached to the Declaration of Dan Schonfeld Ph.D. in
`support of Motion for Partial Summary Judgment is Dr. Schonfeld’s
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`Opening Report in this case and contains quotations from, references to,
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`and descriptions of statements
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`to
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`information designed Highly
`
`Confidential by both NantWorks and Bank of America.
` Memorandum of Law in support of Plaintiffs’ Motion for Summary
`Judgment of No Invalidity Based on Prior Art.
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`As set forth in the Declaration of Brice C. Lynch in Support of Plaintiffs’
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`Application to File Under Seal submitted herewith, the material described above are:
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`a) Exhibit 1 attached to the Declaration of Brice C. Lynch in support of Plaintiffs’
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`Motion for Partial Summary Judgment of No Invalidity Based on Prior Art
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`(the “Motion for Partial Summary Judgment”) is a true and correct copy of
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`Defendants Bank of America Corporation and Bank of America N.A.’s
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`(“BoA”) Expert Report of Dr. Nathaniel Polish Regarding Invalidity, served
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`on January 30, 2024. This was designated by BoA as “Highly Confidential –
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`Attorneys’ Eyes Only.”
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`b) Exhibit 2 attached to the Declaration of Brice C. Lynch in support of Motion
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`for Partial Summary Judgment is a true and correct copy of BoA’s Preliminary
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`-1-
`Case No. 2:20-cv-7872-GW-PVC
`PLAINTIFFS’ APPLICATION TO FILE DOCUMENTS UNDER SEAL
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`

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`Case 2:20-cv-07872-GW-PVC Document 339 Filed 05/04/24 Page 3 of 6 Page ID #:30974
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`Invalidity Contentions cover pleading, served on April 8, 2021. Section VII
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`was designated by BoA as “Confidential – Attorney Eyes Only.”
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`c) Exhibit 21 attached to the Declaration of Brice C. Lynch in support of Motion
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`for Partial Summary Judgment is a true and correct copy of BoA’s
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`Supplemental Invalidity Contentions cover pleading, served on August 2,
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`2021. Section VII is designated by BoA as containing “Confidential –
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`Attorney Eyes Only.”
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`d) Exhibit 26 attached to the Declaration of Brice C. Lynch in support of Motion
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`for Partial Summary Judgment is a true and correct copy of BoA’s Final
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`Invalidity Contentions cover pleading, served on September 8, 2023. Section
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`VII was designated by BoA as “Confidential – Attorney Eyes Only.”
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`e) Exhibit 29 attached to the Declaration of Brice C. Lynch in support of Motion
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`for Partial Summary Judgment is a true and correct copy of NantWorks’s
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`Second Supplemental Responses to Interrogatories 10-25, served on
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`December 20, 2023. This was designated “Highly Confidential – Attorneys
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`Eyes Only.”
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`f) Exhibit 30 attached to the Declaration of Brice C. Lynch in support of Motion
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`for Partial Summary Judgment is a true and correct copy of the deposition
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`transcript of Dr. Nathaniel Polish taken on April 15, 2024. This was
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`designated as “Highly Confidential Attorneys’ Eyes Only.”
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`g) Exhibit 33 attached to the Declaration of Brice C. Lynch in support of Motion
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`for Partial Summary Judgment is a true and correct copy of the document
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`produced at HP000074, which is T. Kindberg and J. Barton, A Web-Based
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`Nomadic Computing System (2001). This was designated “HP Confidential.”
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`h) Exhibit 34 attached to the Declaration of Brice C. Lynch in support of Motion
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`for Partial Summary Judgment is a true and correct copy of the document
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`produced at HP000088, which is J. Barton and T. Kindberg, “The Cooltown
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`User Experience,” (Feb. 1, 2001). This was designated “HP Confidential.”
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`Case No. 2:20-cv-7872-GW-PVC
`PLAINTIFFS’ APPLICATION TO FILE DOCUMENTS UNDER SEAL
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`Case 2:20-cv-07872-GW-PVC Document 339 Filed 05/04/24 Page 4 of 6 Page ID #:30975
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`i) Exhibit 36 attached to the Declaration of Brice C. Lynch in support of Motion
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`for Partial Summary Judgment is a true and correct copy of the document
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`produced at HP000025, which is T. Kindberg et al., “People, Places, Things:
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`Web Presence for the Real World” (2000). This was designated “HP
`
`Confidential.”
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`j) Exhibit 37 attached to the Declaration of Brice C. Lynch in support of Motion
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`for Partial Summary Judgment is a true and correct copy of the document
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`produced at HP000043, which is News Release: “HP Advanced Research
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`Efforts Help Make Pervasive Computing a Reality,” (Nov. 4, 1999). This was
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`designated “HP Confidential.”
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`k) Exhibit 38 attached to the Declaration of Brice C. Lynch in support of Motion
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`for Partial Summary Judgment is a true and correct copy of the document
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`produced at HP000045, which is J. Beckett, “Key CoolTown Software is
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`Available Free, (Mar. 15, 2000). This was designated “HP Confidential.”
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`l) Exhibit 39 attached to the Declaration of Brice C. Lynch in support of Motion
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`for Partial Summary Judgment is a true and correct copy of the document
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`produced at HP000060, which is “HP Labs Technologies Shown at Handheld
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`and Ubiquitous Computing Symposium” (Sept. 27, 2000). This was
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`designated “HP Confidential.”
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`m) Exhibit A attached to the Declaration of Dan Schonfeld Ph.D. in support of
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`Motion for Partial Summary Judgment is Dr. Schonfeld’s Opening Report in
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`this case and contains quotations from, references to, and descriptions of
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`statements to information designed Highly Confidential by both NantWorks
`
`and Bank of America.
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`n) Exhibit B attached to the Declaration of Dan Schonfeld Ph.D. in support of
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`Motion for Partial Summary Judgment is Dr. Schonfeld’s Rebuttal Report in
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`this case and contains quotations from, references to, and descriptions of
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`statements to information designed Confidential by Bank of America.
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`Case No. 2:20-cv-7872-GW-PVC
`PLAINTIFFS’ APPLICATION TO FILE DOCUMENTS UNDER SEAL
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`

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`Case 2:20-cv-07872-GW-PVC Document 339 Filed 05/04/24 Page 5 of 6 Page ID #:30976
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`o) The Memorandum of Law in support of Plaintiffs’ Motion for Summary
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`Judgment of No Invalidity Based on Prior Art which contains quotations
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`from, references to, and descriptions of statements made in the above
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`referenced documents.
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`
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`Pursuant to L.R. 79-5.2.2, NantWorks conferred with BoA and BoA
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`confirmed that they do not object sealing these materials to be filed with NantWorks’
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`Motion for Summary Judgment of No Invalidity Based on Prior Art.
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`Accordingly, NantWorks respectfully requests for an order permitting that:
` Exhibits 1, 2, 21, 26, 29, 30, 33, 34, 36, 37, 38, and 39 to the Declaration
`of Brice C. Lynch in Support of Plaintiffs’ Motion for Summary
`
`Judgment of No Invalidity Based on Prior Art (the “MPSJ”) be filed under
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`seal.
` Exhibits A and B attached to the Declaration of Dan Schonfeld Ph.D. in
`support of Motion for Partial Summary Judgment be filed under seal..
` Unredacted portions of Memorandum of Law in support of Plaintiffs’
`Motion for Summary Judgment of No Invalidity Based on Prior Art be
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`filed under seal..
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`Case No. 2:20-cv-7872-GW-PVC
`PLAINTIFFS’ APPLICATION TO FILE DOCUMENTS UNDER SEAL
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`Case 2:20-cv-07872-GW-PVC Document 339 Filed 05/04/24 Page 6 of 6 Page ID #:30977
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`DATED: May 3, 2024
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`Respectfully submitted,
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`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`
`By
`/s/ Todd M. Briggs
`James R. Asperger
`Kevin P.B. Johnson
`Todd M. Briggs
`Eric Huang
`Brice C. Lynch
`
`Attorneys for Plaintiff, NANTWORKS,
`LLC and NANT HOLDINGS IP, LLC
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`Case No. 2:20-cv-7872-GW-PVC
`PLAINTIFFS’ APPLICATION TO FILE DOCUMENTS UNDER SEAL
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