Case 2:20-cv-07872-GW-PVC Document 628-1 Filed 07/26/24 Page 1 of 4 Page ID
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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
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`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
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`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
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`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,
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`vs.
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`Defendants.
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` CASE NO. 2:20-cv-7872-GW-PVC
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`DECLARATION OF ERIC HUANG
`IN SUPPORT OF JOINT
`STIPULATION TO CONTINUE
`THE PRETRIAL CONFERENCE
`AND TRIAL DATE
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`Case No. 2:20-cv-7872-GW-PVC
`DECLARATION OF ERIC HUANG IN SUPPORT OF STIPULATION TO
`CONTINUE THE PRETRIAL CONFERENCE AND TRIAL DATE
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`Case 2:20-cv-07872-GW-PVC Document 628-1 Filed 07/26/24 Page 2 of 4 Page ID
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`I, Eric H. Huang, declare as follows:
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`1.
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`I am an attorney duly licensed to practice law in the State of New York
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`and appeared before this Court pro hac vice in the above-captioned matter. Dkt. 44.
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`I am an attorney at Quinn Emanuel Urquhart & Sullivan, LLP, counsel for Plaintiffs
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`NantWorks LLC and Nant Holding IP, LLC (“NantWorks”). I make this Declaration
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`in support of the Joint Stipulation to Continue the Pretrial Conference and Trial Date
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`filed by NantWorks and Defendants Bank of America Corporation and Bank of
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`America, N.A. (“Bank of America,” together with NantWorks, the “Parties”). I have
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`personal knowledge of the facts set forth in this declaration, and if called as a witness
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`I would testify competently to those facts.
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`2.
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`On May 20, 2024, the Court reset trial in this matter for September 17,
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`2024 and pretrial conference for September 5, 2024. Thereafter, the parties have
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`worked diligently to clear all conflicts with the September 17, 2024 trial date.
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`3.
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`NantWorks has identified one conflict that cannot be resolved. Its sole technical
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`expert Dr. Dan Schonfeld, who will address infringement, validity and technical
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`issues relation to damages, has two conflicting trials in September, which were
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`scheduled before the Court reset the trial date here. He is committed to testify at trial
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`for Meridian v. PAM in Houston before a Texas state court, which is set for trial
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`September 10 through 20, 2024. He is also scheduled to testify before the U.S.
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`International Trade Commission (the “ITC”) in an investigation hearing scheduled for
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`September 9 through 13, in a proceeding where Nokia filed a complaint against
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`Hewlett Packard. These two cases are unrelated and involve different counsel and
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`courts. Dr. Schonfeld has already received accommodation allowing him to testify
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`during the second week of the Houston trial (September 16-20), so that he can testify
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`in the ITC hearing the week before. Because of these conflicts, Dr. Schonfeld is
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`unable to participate in a trial in this case starting September 17, 2024.
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`4.
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`The Parties continue to meet and confer but as of today, are not able to
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`identify mutually available time before May 2025 for a new trial date. The Parties
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`Case No. 2:20-cv-7872-GW-PVC
`DECLARATION OF ERIC HUANG IN SUPPORT OF STIPULATION TO
`CONTINUE THE PRETRIAL CONFERENCE AND TRIAL DATE
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`Case 2:20-cv-07872-GW-PVC Document 628-1 Filed 07/26/24 Page 3 of 4 Page ID
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`will continue to work on clearing their conflicts to find potential trial date before May
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`2025.
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`5.
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`No similar requests for continuance of pretrial conference or trial date
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`has been previously made in this case. The Parties have previously filed the below
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`stipulations or requests to modify the case schedule:
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`a) On October 27, 2020, the Court granted the Parties’ stipulated request
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`for an extension of the briefing schedule for Defendants’ Motion to
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`Dismiss (Dkt. 33);
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`b) On September 7, 2021, the Court granted the Parties’ stipulated request
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`to extend the deadline to file demonstratives or presentation materials for
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`use at the September 23, 2021 claim construction hearing (Dkt. 118);
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`c) On November 12, 2021, the Court granted the Parties’ stipulated request
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`to continue the hearing date of Defendants’ Motion for Clarification of
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`the Claim Construction Order (Dkt. 148) from December 2, 2021 to
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`December 13, 2021 (Dkt. 150);
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`d) On March 22, 2022, the Court granted Defendants’ Unopposed Motion
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`to Extend Time for Filing Motion to Stay and extended the deadline for
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`filing a Motion to Stay Pending Inter Partes Review from March 21,
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`2022 to March 28, 2022 (Dkt. 173);
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`e) On May 22, 2023, the Court granted the Parties’ stipulated request
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`extending the date to submit an Amended Protective Order from May 19,
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`2023 to May 25, 2023 (Dkt. 208);
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`f) On September 18, 2023, the Court granted the Parties’ Joint Motion to
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`Amend Case Schedule involving discovery, summary judgment and
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`Daubert motions, as well as hearings on such motions (Dkt. 259);
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`g) On November 22, 2023, the Court granted the Parties’ Joint Stipulation
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`to Extend Case Schedule involving discovery, summary judgment and
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`Daubert motions, as well as hearings on such motions (Dkt. 287);
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`Case No. 2:20-cv-7872-GW-PVC
`DECLARATION OF ERIC HUANG IN SUPPORT OF STIPULATION TO
`CONTINUE THE PRETRIAL CONFERENCE AND TRIAL DATE
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`Case 2:20-cv-07872-GW-PVC Document 628-1 Filed 07/26/24 Page 4 of 4 Page ID
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`h) On December 18, 2023, the Court granted the Parties’ joint stipulation
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`to allow discovery out of time (Dkt. 289);
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`i) On April 8, 2024, the Court granted the Parties’ Joint Stipulation to
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`Revise Case Schedule involving summary judgment and Daubert
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`motions, as well as hearings on such motions (Dkt. 315);
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`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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`Executed in New York, New York, on July 26, 2024.
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`By
`/s/ Eric Huang
`Eric Huang
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`3
`Case No. 2:20-cv-7872-GW-PVC
`DECLARATION OF ERIC HUANG IN SUPPORT OF STIPULATION TO
`CONTINUE THE PRETRIAL CONFERENCE AND TRIAL DATE
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