Case 2:20-cv-07872-GW-PVC Document 361 Filed 05/04/24 Page 1 of 4 Page ID #:40503
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`UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`
`Case No. 2:20-cv-07872-GW-PVC
`
`DECLARATION OF MATTHEW
`IN
`SUPPORT OF
`CALMAN
`DEFENDANTS’ MOTION
`FOR
`PARTIAL SUMMARY JUDGMENT
`
`Date: June 6, 2024
`Time: 8:30 am
`Courtroom: 9D
`
`Judge: Honorable George H. Wu
`
`
`
`
`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
`
`
`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
`
`Attorneys for Defendants
`BANK OF AMERICA CORPORATION
`and BANK OF AMERICA, N.A.
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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,
`
`vs.
`
`AMERICA
`OF
`BANK
`a
`Delaware
`CORPORATION,
`BANK
`OF
`corporation,
`and
`AMERICA, N.A., a national banking
`association,
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`Defendants.
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`

`
`
`DECLARATION OF MATTHEW CALMAN
`
`
`
`I, Matthew Calman, hereby declare and state as follows:
`I have personal knowledge of the matters set forth herein, and if called
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`upon as a witness, I could competently testify thereto.
`I am currently a Visiting Assistant Professor at Coe College in Cedar
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`Rapids, Iowa.
`I worked at Bank of America from March of 1986 until July of 2013.
`3.
`4.
`In 2012, Bank of America released to the general public the first version
`of its mobile application that had mobile check deposit capabilities.
`I know how Bank of America’s mobile check deposit application worked
`5.
`between the time it was released to the public and when I left Bank of America in July
`2013 because I was a key member of the group that implemented the Bank’s check-
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`image architecture.
`From 2010 until the middle of 2013, Bank of America and an affiliate of
`6.
`NantWorks, LLC called IPPLEX worked together to attempt to adapt technology
`IPPLEX claimed to have to the mobile check deposit context.
`At the time of the collaboration, IPPLEX did not have an existing
`7.
`functional image-recognition solution for facilitating a commercially viable mobile
`check-deposit application.
`In connection with this collaboration, Bank of America and IPPLEX
`8.
`executed a Collaboration Research Agreement (“CRA”) on October 31, 2011.
`I understood, based upon Section 1.29 of the CRA and other
`9.
`representations IPPLEX made around the time of the collaboration, that IPPLEX
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`claimed to have an image-recognition approach that involved software that could
`compare a captured image and/or characteristics in the image to images and/or
`characteristics of images in a database for the purpose of recognizing the object in the
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`Case 2:20-cv-07872-GW-PVC Document 361 Filed 05/04/24 Page 2 of 4 Page ID #:40504
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`Case 2:20-cv-07872-GW-PVC Document 361 Filed 05/04/24 Page 3 of 4 Page ID #:40505
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`image. For example, IPPLEX’s Money Reader app, which I personally observed before
`and during the collaboration, exhibited this capability.
`In order to attempt to adapt IPPLEX’s technology to the mobile check
`10.
`deposit context, Bank of America instructed IPPLEX’s employees, including Mustafa
`Jaber, on the special character set and proper use of MICR for check processing, and
`based on this instruction, Dr. Jaber created a database containing MICR line characters
`to which images captured by a demo application could be compared.
`11. Around the Autumn of 2012 during a business-development visit to
`NantWorks’ showroom location outside Los Angeles, California, Dr. Patrick Soon-
`Shiong accused me and Bank of America of stealing IPPLEX’s intellectual property.
`He had with him a hard copy spreadsheet listing patents Bank of America had disclosed
`to IPPLEX in the days after signing the CRA. I was surprised by Dr. Soon-Shiong’s
`tone and was shocked that apparently no one had shared Bank of America’s prior
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`disclosure of the patent applications with Dr. Soon-Siong.
`I learned during the 2011–2013 collaboration that IPPLEX’s database-
`12.
`matching “recognizer” approach would not work in a mobile check deposit application
`because checks look too similar to one another for the matching process to occur.
`I know from my experience described above that Bank of America’s
`13.
`mobile check deposit application did not, while I worked at Bank of America, employ
`a database-matching “Recognizer” approach like the one IPPLEX claimed during the
`collaboration.
`14. Based on the understanding of IPPLEX’s claimed technology I gained
`during the 2011–2013 collaboration and my understanding of Bank of America’s mobile
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`deposit application discussed above, I never thought that Bank of America’s mobile
`check deposit application infringed any patents IPPLEX or NantWorks claimed to own.
`I declare under penalty of perjury under the laws of the United States of
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`America that the foregoing is true and correct.
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`Case 2:20-cv-07872-GW-PVC Document 361 Filed 05/04/24 Page 4 of 4 Page ID #:40506
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`16. Executed on this 3rd day of May, 2024.
`
`R-~
`
`Matthew Calman
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