`Case 1:14-cv-02396—PGG-MHD Document 176-1 Filed 10/01/19 Page 1 of 4
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`EXHIBIT A
`EXHIBIT A
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`Case 1:14-cv-02396-PGG-MHD Document 176-1 Filed 10/01/19 Page 2 of 4
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`14 Civ. 2396 (PGG)
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`14 Civ. 9558 (PGG)
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`NETWORK-1 TECHNOLOGIES, INC.
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`Plaintiff,
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`- against -
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`GOOGLE LLC and YOUTUBE, LLC
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`Defendants.
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`DEFENDANTS’ SECOND SUPPLEMENTAL INVALIDITY CONTENTIONS
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`In accordance with Paragraph 6 of the Joint Proposed Case Management Plan (D.I. 137-1)
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`and Local Patent Rule 7, Defendants Google LLC and YouTube, LLC (collectively, “Defendants")
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`provide the following Supplemental Invalidity Contentions to Plaintiff Network-1 Technologies,
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`Inc. ("Network-1"). The exclusion of any prior art reference, software, or system from this
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`disclosure does not constitute an admission that such reference does not anticipate and/or render
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`obvious one or more claims of the asserted patents. Additionally, to the extent that prior art
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`software or systems embody or are related to the printed patents or publications recited in this
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`disclosure, Defendants reserve the right to assert the individual printed patents or publications
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`listed in this pleading, as well as any related prior art software or systems. Defendants reserve the
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`right to supplement or amend this disclosure at any time, including but not limited to the right to
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`supplement or amend this disclosure in response to further discovery, further analysis, further prior
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`art searching, the assertion of additional claims by Network-1, Network-1's litigation positions,
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`Network-1's proposed claim constructions, or the Court's claim construction ruling.
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`At this time, Defendants supplement their prior invalidity contentions to include the
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`Case 1:14-cv-02396-PGG-MHD Document 176-1 Filed 10/01/19 Page 3 of 4
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`following additional asserted grounds of invalidity of the asserted patents:
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`U.S. Patent No. 8,010,988
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`In addition to the grounds indicated in Defendants’ prior invalidity contentions, all asserted
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`claims of U.S. Patent No. 8,010,988 are invalid under 35 U.S.C. §§ 102 and 103 (Anticipation and
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`Obviousness), because the following system(s), either individually or in combination with other
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`prior art references identified by Defendants, disclose all elements of the asserted claims:
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` The Relatable FreeAmp audio identification system, including when used in conjunction
`with the MusicBrainz audio information database.
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`U.S. Patent No. 8,205,237
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`In addition to the grounds indicated in Defendants’ prior invalidity contentions, all asserted
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`claims of U.S. Patent No. 8,205,237 are invalid under 35 U.S.C. §§ 102 and 103 (Anticipation and
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`Obviousness), because the following system(s), either individually or in combination with other
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`prior art references identified by Defendants, disclose all elements of the asserted claims:
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` The Relatable FreeAmp audio identification system, including when used in conjunction
`with the MusicBrainz audio information database.
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`U.S. Patent No. 8,904,464
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`In addition to the grounds indicated in Defendants’ prior invalidity contentions, all asserted
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`claims of U.S. Patent No. 8,904,464 are invalid under 35 U.S.C. §§ 102 and 103 (Anticipation and
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`Obviousness), because the following system(s), either individually or in combination with other
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`prior art references identified by Defendants, disclose all elements of the asserted claims:
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` The Relatable FreeAmp audio identification system, including when used in conjunction
`with the MusicBrainz audio information database.
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`2
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`Case 1:14-cv-02396-PGG-MHD Document 176-1 Filed 10/01/19 Page 4 of 4
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`Dated: August 30, 2019
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` /s/ Andrew V. Trask
`Kevin Hardy (pro hac vice)
`Samuel Bryant Davidoff
`Andrew V. Trask
`WILLIAMS & CONNOLLY LLP
`725 Twelfth Street N.W.
`Washington, DC 20005
`(202) 434-5000
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`For Matters in New York:
`WILLIAMS & CONNOLLY LLP
`650 Fifth Avenue, Suite 1500
`New York, NY 10019
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`Attorneys for Defendants Google LLC and
`YouTube, LLC
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`3
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