`#:79041
`
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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
`
`0QUINN 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
`
` CASE NO. 2:20-cv-7872-GW-PVC
`
`DECLARATION OF BRICE C.
`LYNCH IN SUPPORT OF
`NANTWORKS’ OPPOSITION TO
`DEFENDANTS’ MOTION FOR
`PARTIAL SUMMARY
`JUDGEMENT REGARDING
`PLAINTIFFS’ FAILURE TO
`COMPLY WITH 35 U.S.C. § 287(a)
`
`
`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.
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`Case No. 2:20-cv-7872-GW-PVC
`DECLARATION OF BRICE C. LYNCH IN SUPPORT OF NANTWORKS’ OPPOSITION TO DEFENDANTS’
`MOTION FOR PARTIAL SUMMARY JUDGEMENT REGARDING PLAINTIFFS’ FAILURE TO COMPLY WITH
`35 U.S.C. § 287(a)
`
`
`
`
`
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`Case 2:20-cv-07872-GW-PVC Document 612-1 Filed 07/19/24 Page 2 of 3 Page ID
`#:79042
`
`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 &
`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,
`and if called as a witness I would testify competently to those facts.
`
`2.
`Exhibit A attached hereto
`is a
`true and correct copy of
`NANT_BOA00150428 produced by NantWorks in this action. This was designated
`“Highly Confidential – Attorney Eyes Only.”
`true and correct copy of
`is a
`
`3.
`Exhibit B attached here
`to
`NANT_BOA00125088 produced by NantWorks in this action. This was designated
`“Highly Confidential – Attorney Eyes Only.”
`
`4.
`Exhibit C attached hereto is a true and correct copy of BOFA00900019
`produced by NantWorks in this action. This was designated “Highly Confidential –
`Attorney Eyes Only.”
`
`5.
`Exhibit D attached hereto is a true and correct copy of BOFA00912293
`produced by NantWorks in this action. This was designated “Highly Confidential –
`Attorney Eyes Only.”
`
`6.
`Exhibit E attached hereto is a true and correct copy of a screenshot of the
`webpage https://nantmobile.com/patents.
`
`7.
`Exhibit F attached hereto is a true and correct copy of a screenshot of the
`webpage
`https://web.archive.org/web/20190709073326/https://nantmobile.com/patents.
`
`8.
`Exhibit G attached hereto is a true and correct copy of Bank of America’s
`July 23, 2021 First Supplemental Objections and Responses to Plaintiffs’ First Set of
`Interrogatories. This was designated “Highly Confidential – Attorney Eyes Only.”
`
`9.
`Exhibit H attached hereto is a true and correct copy of the January 1,
`
`
`
`1
`Case No. 2:20-cv-7872-GW-PVC
`DECLARATION OF BRICE C. LYNCH IN SUPPORT OF NANTWORKS’ OPPOSITION TO DEFENDANTS’
`MOTION FOR PARTIAL SUMMARY JUDGEMENT REGARDING PLAINTIFFS’ FAILURE TO COMPLY WITH
`35 U.S.C. § 287(a)
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`Case 2:20-cv-07872-GW-PVC Document 612-1 Filed 07/19/24 Page 3 of 3 Page ID
`#:79043
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`2012 Information Disclosure Statement by Applicant filed in U.S. Patent Application
`No. 13/342,072, retrieved from https://patentcenter.uspto.gov/.
`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 July 18, 2024.
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`By /s/ Brice C. Lynch
`Brice C. Lynch
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`Case No. 2:20-cv-7872-GW-PVC
`DECLARATION OF BRICE C. LYNCH IN SUPPORT OF NANTWORKS’ OPPOSITION TO DEFENDANTS’
`MOTION FOR PARTIAL SUMMARY JUDGEMENT REGARDING PLAINTIFFS’ FAILURE TO COMPLY WITH
`35 U.S.C. § 287(a)
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