Case 2:22-md-03034-TGB ECF No. 98-3, PageID.8139 Filed 11/14/22 Page 1 of 13
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`EXHIBIT I
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`EXHIBIT I
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`Case 2:22-md-03034-TGB ECF No. 98-3, PageID.8140 Filed 11/14/22 Page 2 of 13
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`IN RE NEO WIRELESS, LLC
`PATENT LITIG.
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`2:22-md-03034-TGB
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`HON. TERRENCE G. BERG
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`§
`§
`§
`§
`§
`§
`§
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`PLAINTIFF NEO WIRELESS, LLC’S INITIAL DISCLOSURES
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`Plaintiff Neo Wireless, LLC (“Neo”) serves its First Initial Disclosures
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`pursuant to Federal Rule of Civil Procedure 26. Neo submits these disclosures based
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`on information it has acquired to date, as it presently understands this information
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`and the significance thereof, and without yet having had the benefit of formal
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`discovery from Defendants Toyota Motor Corporation, Inc., Toyota Motor North
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`America, Inc., Toyota Motor Sales, USA, Inc., Toyota Motor Engineering &
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`Manufacturing North America, Inc., and Toyota Motor Credit Corporation
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`(collectively, “Toyota”), FCA US, LLC (“FCA”), Ford Motor Company (“Ford”),
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`General Motors Company and General Motors LLC (collectively, “GM”), American
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`Honda Motor Co., Inc. and Honda Development & Manufacturing of America, LLC
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`(collectively, “Honda”), Mercedes-Benz USA, LLC (“Mercedes”), Nissan North
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`America Inc. and Nissan Motor Acceptance Corporation a/k/a Nissan Motor
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`1
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`Case 2:22-md-03034-TGB ECF No. 98-3, PageID.8141 Filed 11/14/22 Page 3 of 13
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`Acceptance Company LLC (collectively, “Nissan”), Tesla Inc. (“Tesla”), and
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`Volkswagen Group of America, Inc. and Volkswagen Group of America
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`Chattanooga Operations, LLC (collectively, “VW”) (all collectively “Defendants”).
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`Accordingly, Neo reserves the right to modify, amend, retract, and/or supplement
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`these disclosures as additional evidence and information becomes available.
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`Any contact with Neo personnel should be Neo’s counsel. These disclosures
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`are made without any admission concerning the relevance, admissibility, or
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`discoverability of particular documents or information for any specific purpose, and
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`without waiver of any attorney-client privilege, work product immunity, or any other
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`privilege or immunity from discovery.
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`Initial Disclosures
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`A. The name and, if known, the address and telephone number of each
`individual likely to have discoverable information—along with the
`subjects of that information—that the disclosing party may use to
`support its claims or defenses, unless the use would be solely for
`impeachment.
`Pursuant to Rule 26(a)(1)(A)(i), and subject to the reservations stated above,
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`the following persons are likely to have discoverable information that Neo may use
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`to support its claims and/or defenses in this action. By making these disclosures, Neo
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`does not represent that it has identified every witness possibly relevant to this action.
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`The attribution of particular knowledge to each individual is not necessarily all-
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`2
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`Case 2:22-md-03034-TGB ECF No. 98-3, PageID.8142 Filed 11/14/22 Page 4 of 13
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`inclusive, and each individual may have relevant information in other areas as well.
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`Any contact with Plaintiff or Neo personnel should be through counsel for Plaintiff.
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`The information herein is provided without any admission concerning the relevance,
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`admissibility, or discoverability of particular documents or information for any
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`specific purpose, and without waiver of any attorney-client privilege, work product
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`immunity, or any other privilege or immunity from discovery.
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`INDIVIDUAL OR
`ENTITY
`
`CONTACT
`INFORMATION
`
`Dr. Xiaodong (Alex) Li May only be contacted
`through the offices of
`Caldwell Cassady &
`Curry, 2121 N Pearl St.,
`Ste 1200, Dallas TX
`75201
`(214) 888-4848
`
`Dr. Titus Lo
`
`May only be contacted
`through the offices of
`Caldwell Cassady &
`Curry, 2121 N Pearl St.,
`Ste 1200, Dallas TX
`75201
`(214) 888-4848
`
`SUBJECTS
`
`Inventor of the Patents-
`in-Suit, with knowledge
`of the subject matter of
`those Patents,
`conception and
`reduction to practice,
`secondary
`considerations, and
`invalidity; co-founder
`of Neocific, Inc. and
`former governor of
`Waltical Solutions, Inc.
`Inventor of the Patents-
`in-Suit, with knowledge
`of the subject matter of
`those Patents,
`conception and
`reduction to practice,
`secondary
`considerations, and
`invalidity; founding
`employee of Neocific,
`Inc. and former agent
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`
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`3
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`Case 2:22-md-03034-TGB ECF No. 98-3, PageID.8143 Filed 11/14/22 Page 5 of 13
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`INDIVIDUAL OR
`ENTITY
`
`CONTACT
`INFORMATION
`
`
`David Loo
`
`William Marino
`
`May only be contacted
`through the offices of
`Caldwell Cassady &
`Curry, 2121 N Pearl St.,
`Ste 1200, Dallas TX
`75201
`(214) 888-4848
`
`May only be contacted
`through the offices of
`Caldwell Cassady &
`Curry, 2121 N Pearl St.,
`Ste 1200, Dallas TX
`75201
`(214) 888-4848
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`Dr. Kemin Li
`
`Unknown
`
`Dr. Haiming Huang
`
`Unknown
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`
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`4
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`SUBJECTS
`
`and governor of
`Waltical Solutions, Inc.
`Co-CEO of Neo
`Wireless, LLC, with
`knowledge of the
`Patents-in-Suit
`(including the subject
`matter, title and
`ownership, licensing,
`and value), Neo’s
`history, negotiations
`involving the Patents-
`in-Suit, Neo’s licensing
`practice, and various
`corporate matters.
`Co-CEO of Neo
`Wireless, LLC, with
`knowledge of Neo’s
`history, negotiations
`involving the Patents-
`in-Suit, Neo’s licensing
`practice, valuation of
`the patents-in-suit, and
`various corporate
`matters.
`Inventor of the Patents-
`in-Suit, with knowledge
`of the subject matter of
`those Patents,
`conception and
`reduction to practice,
`secondary
`considerations, and
`invalidity
`Inventor of the Patents-
`in-Suit, with knowledge
`of the subject matter of
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`
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`Case 2:22-md-03034-TGB ECF No. 98-3, PageID.8144 Filed 11/14/22 Page 6 of 13
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`INDIVIDUAL OR
`ENTITY
`
`CONTACT
`INFORMATION
`
`
`Neocific, Inc.
`
`May only be contacted
`through the offices of
`Caldwell Cassady &
`Curry, 2121 N Pearl St.,
`Ste 1200, Dallas TX
`75201
`(214) 888-4848
`Waltical Solutions, Inc. Unknown
`
`James R. Uhlir
`Perkins Coie, LLP
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`AT&T Corp.
`
`AT&T Communications,
`LLC
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`AT&T Mobility, LLC
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`1201 Third Ave., Ste.
`4900, Seattle, WA 98101-
`3099
`(206) 359-8000
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`208 S. Akard St., Dallas
`TX 75202
`(210) 821-4105
`
`208 S. Akard St., Dallas
`TX 75202
`(210) 821-4105
`
`1025 Lenox Park Blvd.
`NE, Atlanta, GA 30319
`(888) 722-1787
`
`
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`5
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`SUBJECTS
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`those Patents,
`conception and
`reduction to practice,
`secondary
`considerations, and
`invalidity
`Former owner of rights
`to the ’366, ’908,
`’941,’450, ’512, and
`’302 Patents, with
`knowledge of
`assignment documents
`for those Patents
`Former assignee of the
`’366 Patent, with
`knowledge of
`assignment documents
`for that Patent
`Prosecution counsel for
`the Patents-in-Suit, with
`knowledge of the
`prosecution history of
`the Patents-in-Suit
`Knowledge relating to
`the use of Defendants’
`Accused Products on
`AT&T’s network
`Knowledge relating to
`the use of Defendants’
`Accused Products on
`AT&T’s network
`Knowledge relating to
`the use of Defendants’
`Accused Products on
`AT&T’s network
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`
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`Case 2:22-md-03034-TGB ECF No. 98-3, PageID.8145 Filed 11/14/22 Page 7 of 13
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`INDIVIDUAL OR
`ENTITY
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`Cellco Partnership d/b/a
`Verizon Wireless
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`T-Mobile USA, Inc.
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`Qualcomm Technologies,
`Inc.
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`LG Electronics USA
`
`Continental Automotive
`Systems, Inc.
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`Gemalto M2M GmbH
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`Telit Communications
`S.p.A.
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`Quectel Wireless
`Solutions Co., Ltd
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`CONTACT
`INFORMATION
`
`One Verizon Way,
`Basking Ridge, NJ 07920
`(908) 559-2001
`
`12920 SE 38th St.
`Bellevue, WA 98006
`(425) 378-4000
`
`5775 Morehouse Drive,
`San Diego, CA
`858-587-1121
`
`111 Sylvan Avenue, North
`Building, Englewood
`Cliffs, NJ 07632
`201-816-2000
`21440 W Lake Cook Rd.,
`Deer Park, IL 60010
`847-862-2435
`
`St.-Martin-Str.60, Munich,
`Germany 81541
`+49 30-31102-8241
`
`3131 RDU Center Drive,
`Suite 135, Morrisville, NC
`27560
`919-439-7977
`Building 5
`Shanghai Business Park
`Phase III (Area B)
`No. 1016 Tianlin Road
`Minhang District
`Shanghai 200233
`+86-21-5108-6236
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`SUBJECTS
`
`Knowledge relating to
`the use of Defendants’
`Accused Products on
`Verizon’s network.
`Knowledge relating to
`the use of Defendants’
`Accused Products on T-
`Mobile’s network
`Knowledge relating to
`the design and technical
`operation of the
`Accused Products
`Knowledge relating to
`the design and technical
`operation of the
`Accused Products
`Knowledge relating to
`the design and technical
`operation of the
`Accused Products
`Knowledge relating to
`the design and technical
`operation of the
`Accused Products
`Knowledge relating to
`the design and technical
`operation of the
`Accused Products
`Knowledge relating to
`the design and technical
`operation of the
`Accused Products
`
`
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`6
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`Case 2:22-md-03034-TGB ECF No. 98-3, PageID.8146 Filed 11/14/22 Page 8 of 13
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`INDIVIDUAL OR
`ENTITY
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`Licensees to the asserted
`patents (to be disclosed
`once an appropriate
`protective order has been
`entered and third-party
`confidentiality
`restrictions resolved)
`
`Defendants’ corporate
`representative(s) or
`witness(es) who will give
`live testimony at trial,
`including, but not limited
`to, Defendants’
`representative who will
`sit at the counsel table on
`behalf of each Defendant
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`
`
`CONTACT
`INFORMATION
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`To Be Disclosed
`
`SUBJECTS
`
`Knowledge of licensing
`of the Patents-in-Suit
`
`Counsel for Defendants
`
`Knowledge of the
`operation and
`functionality, marketing
`and advertising, sales
`and financial
`information, design and
`development,
`manufacturing and
`importation, and testing
`of Accused Products,
`and licensing
`negotiations between
`Neo and Defendants
`respectively.
`
`B. A copy—or a description by category and location—of all documents,
`electronically stored information, and tangible things that the disclosing
`party has in its possession, custody, or control and may use to support its
`claims or defenses, unless the use would be solely for impeachment.
`The documents and things that are in Neo’s possession, custody, and control
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`and that Neo may use to support its claims or defenses are maintained at one or more
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`of its offices and should be obtained through Plaintiff’s counsel. The following
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`7
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`Case 2:22-md-03034-TGB ECF No. 98-3, PageID.8147 Filed 11/14/22 Page 9 of 13
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`categories of documents may be relevant to support Neo’s claims and defenses
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`asserted in this action:
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`1. U.S. Patent No. 8,467,366 and its prosecution and assignment history.
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`2. U.S. Patent No. 10,833,908 and its prosecution and assignment history.
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`3. U.S. Patent No. 10,075,941 and its prosecution and assignment history.
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`4. U.S. Patent No. 10,447,450 and its prosecution and assignment history.
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`5. U.S. Patent No. 10,965,512 and its prosecution and assignment history.
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`6. U.S. Patent No. 10,771,302 and its prosecution and assignment history.
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`7. Licenses related to Neo’s asserted intellectual property, and associated
`
`correspondence.
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`8. Communications with each Defendant regarding Neo’s asserted
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`intellectual property.
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`9. Documents related to LTE, LTE-A, or 5G standards.
`
`C. Computation of each category of damages claimed by the disclosing
`party—who must also make available for inspection and copying as
`under Rule 34 the documents or other evidentiary material, unless
`privileged or protected from disclosure, on which each computation is
`based, including materials bearing on the nature and extent of injuries
`suffered.
`Neo has not computed an exact damages amount, which will be based in part
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`on discovery, including third party discovery yet to be taken. Neo also intends to
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`rely on a damages expert, and will provide a complete computation of damages at
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`8
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`Case 2:22-md-03034-TGB ECF No. 98-3, PageID.8148 Filed 11/14/22 Page 10 of 13
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`the time for Expert Disclosures under the Scheduling Order in this case. Neo reserves
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`the right to supplement its initial disclosures as discovery reveals the full extent of
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`the damages caused by Defendants’ infringement. Nonetheless, Neo provides the
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`following disclosure regarding categories of damages claimed by Neo:
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`At a minimum, Neo seeks compensatory damages in an amount not less than
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`a reasonable royalty for Defendants’ direct and/or indirect infringement of the
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`patents-in-suit. Defendants’ revenues for the Accused Products (including any
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`convoyed sales) are the starting point for determining the royalty base. Methods that
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`may be appropriate to calculate the reasonable royalty include: (1) a Georgia-Pacific
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`analysis; (2) an analysis of Neo’s licensing policies and history; (3) a per-unit
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`royalty; (4) the Analytical Method; (5) an analysis of the costs and acceptability of
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`implementing a non-infringing alternative; (6) an analysis of comparable licenses;
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`and (7) a combination of all or some of the methods listed herein.
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`Neo is producing, has produced, or will produce documents relevant to the
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`computation of damages in this case. Neo will continue to supplement its production,
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`including with documents from third parties, as discovery is ongoing. The following
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`types of documents may be relevant to consider under the methods by which
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`damages can be ascertained, as described above: competitive analyses;
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`communications with Defendants’ suppliers indicating the value of, or demand for,
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`the patented technology; customer surveys; third-party customer surveys; consumer
`9
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`Case 2:22-md-03034-TGB ECF No. 98-3, PageID.8149 Filed 11/14/22 Page 11 of 13
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`value surveys; documents that correlate the value of accused features to revenue
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`and/or market share; proprietary studies investigating the value or performance
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`benefits of the accused features; documents describing the accused features’
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`importance of value in locking in customers; patent licenses and/or judgments for
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`the technology covered in the patents-in-suit, foreign equivalents thereof, or patents
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`covering technology similar to the patents-in-suit; documents describing the effects
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`of the accused features on pricing or revenue or profits; documents describing
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`reasons why each Defendant developed the Accused Instrumentalities; how the
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`accused features affect sales against competitors who do not implement the accused
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`features; licenses, licensing policies, and various marketing materials.
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`Because this is an exceptional case, Neo also seeks reasonable and necessary
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`attorneys’ fees. To the extent allowable by law, Neo seeks attorneys’ fees, costs,
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`expenses, and pre- and post-judgment interest on these claims, and such other relief
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`as the Court may deem appropriate either at law or in equity, including any relief
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`requested in the operative complaints filed against each Defendant, which are
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`incorporated herein by reference.
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`D. Any insurance agreement under which an insurance business may be
`liable to satisfy all or part of a possible judgment in the action or to
`indemnify or reimburse for payments made to satisfy the judgment.
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`10
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`Case 2:22-md-03034-TGB ECF No. 98-3, PageID.8150 Filed 11/14/22 Page 12 of 13
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`Neo is presently unaware of any insurance agreement under which an
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`insurance business may be liable to satisfy all or part of a possible judgment in the
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`action or to indemnify or reimburse for payments made to satisfy the judgment.
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`DATED: September 14, 2022
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`Respectfully submitted,
`
`
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`
`
`/s/ Jason D. Cassady
`Jason D. Cassady
`Texas State Bar No. 24045625
`Email: jcassady@caldwellcc.com
`Christopher S. Stewart
`Texas State Bar No. 24079399
`Email: cstewart@caldwellcc.com
`CALDWELL CASSADY CURRY
`P.C.
`2121 N. Pearl St., Suite 1200
`Dallas, Texas 75201
`Telephone: (214) 888-4848
`Facsimile: (214) 888-4849
`
`Jaye Quadrozzi (P71646)
`YOUNG, GARCIA &
`QUADROZZI, PC
`2775 Stansbury Blvd., Suite 125
`Farmington Hills, MI 48334
`Telephone: (248) 353-8620
`Email: quadrozzi@youngpc.com
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`ATTORNEYS FOR PLAINTIFF
`NEO WIRELESS, LLC
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`11
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`Case 2:22-md-03034-TGB ECF No. 98-3, PageID.8151 Filed 11/14/22 Page 13 of 13
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that on September 14, 2022, the foregoing
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`document was served upon all counsel of record via electronic mail.
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`/s/ Jason D. Cassady
`Jason D. Cassady
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`12
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