throbber
Plaintiff,
`
`
`v.
`
`
`
`
`
`
`1:14-cv-02396 (PGG)
`
`
`1:14-cv-09558 (PGG)
`
`
`NETWORK-1 TECHNOLOGIES, INC.,
`
`
`
`
`GOOGLE LLC, and YOUTUBE, LLC,
`
`
`
`
`Case 1:14-cv-02396-PGG-SN Document 235-1 Filed 11/11/20 Page 1 of 5
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`
`
`
`
`
`
`
`Defendants.
`
`
`
`APPENDIX TO PLAINTIFFS’ STATEMENT
`AND MEMORANDUM OF LAW TO REPLY IN SUPPORT OF MOTION FOR
`SUMMARY JUDGMENT
`
`
`
`Dated: November 6, 2020
`
`By: /s/ Brian D. Ledahl
`Marc A. Fenster (pro hac vice)
`Brian D. Ledahl (pro hac vice)
`Adam S. Hoffman (pro hac vice)
`Paul A. Kroeger (pro hac vice)
`Amy E. Hayden (pro hac vice)
`RUSS, AUGUST & KABAT
`12424 Wilshire Boulevard 12th Floor
`Los Angeles, California 90025
`Telephone: (310) 826-7474
`Facsimile: (310) 826-6991
`mfenster@raklaw.com
`bledahl@raklaw.com
`ahoffman@raklaw.com
`pkroeger@raklaw.com
`ahayden@raklaw.com
`
`Charles R. Macedo
`AMSTER, ROTHSTEIN & EBENSTEIN LLP
`90 Park Avenue
`New York, NY 10016
`Telephone: (212) 336-8000
`Facsimile: (212) 336-8001
`cmacedo@arelaw.com
`
`Attorneys for Network-1 Technologies, Inc.
`
`

`

`Case 1:14-cv-02396-PGG-SN Document 235-1 Filed 11/11/20 Page 2 of 5
`
`EXHIBIT
`
`APPENDIX OF EXHIBITS
`
`DESCRIPTION OF EXHIBIT
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`Expert Report of Dr. Trevor Darrell, dated December 20, 2019
`
`U.S. Patent No. 8,010,988
`
`U.S. Patent No. 8,205,237
`
`Excerpts from the Deposition Transcript of Dr. Trevor Darrell, taken on July 10.
`2020
`
`U.S. Patent No. 8,904,464
`
`Excerpts from the Deposition Transcript of Erling Wold, taken on September 4,
`2019
`
`Excerpts from the Deposition Transcript of Jim Schrempp taken on September 25,
`2019
`
`Excerpts from the Deposition Transcript of Sean Ward taken on October 31, 2019
`
`Excerpts from the Deposition Transcript of Patrick Breslin taken on October 8, 2019
`
`Google Inc., v. Network-1 Technologies, Inc., Case No. IPR2015-00345 Petition
`for Inter Partes Review of Patent No. 8,205,237, dated December 3, 2014
`
`Petitioner’s Exhibit 1006 to the Petition for IPR of the ‘237 Patent
`
`Petitioner’s Exhibit 1008 to the Petition for IPR of the ‘237 Patent
`
`PTAB’s institution decision in IPR2015-00345 dated June 23, 2015
`
`Google Inc., v. Network-1 Technologies, Inc., Case No. IPR2015-00345 Final
`Written Decision dated June 20, 2016
`
`Google Inc., v. Network-1 Technologies, Inc., Case No. IPR2015-00347 Petition
`for Inter Partes Review of Patent No. 8,010,988, dated December 3, 2014
`
`PTAB’s institution decision in IPR2015-00347 dated June 23, 2015
`
`Google Inc., v. Network-1 Technologies, Inc., Case No. IPR2015-00347 Final
`
`
`
`2
`
`

`

`Case 1:14-cv-02396-PGG-SN Document 235-1 Filed 11/11/20 Page 3 of 5
`
`EXHIBIT
`
`DESCRIPTION OF EXHIBIT
`Written Decision dated June 20, 2016
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`29
`
`30
`
`31
`
`32
`
`33
`
`34
`
`35
`
`Google Inc. and Youtube, LLC’s Corrected Preliminary Invalidity Contentions
`served on or about September 8, 2014
`
`Excerpts of the Expert Report of Michael Mitzenmacher, Ph.D. Regarding Validity
`of U.S. Patent Nos. 8,010,988; 8,205,237; and 8,904,464 (Feb. 14, 2020)
`
`Email Correspondence from Counsel for Audible Magic Regarding Confidentiality
`Designations (Oct. 16, 2020)
`
`Declaration of Erling Wold (Oct. 12, 2020)
`
`U.S. Patent No. 7,562,012
`
`U.S. Patent No. 6,968,337
`
`U.S. Patent Pub. No. 2002/0133499
`
`U.S. Patent App. No. 09/706,227
`
`U.S. Provisional Patent App. No. 60/304,647
`
`U.S. Provisional Patent App. No. 60/275,029
`
`Excerpts from the Deposition Transcript of Ingemar Cox taken on June 12, 2015
`
`Excerpts from the Deposition Transcript of Dr. Trevor Darrell taken on July 10,
`2020
`
`Excerpts from the Deposition Transcript of Audible Magic (Erling Wold, as
`Rule 30(b)(6) designee) taken on Sep. 4, 2019
`
`Exhibit 2 to the Deposition Transcript of Audible Magic taken on Sep. 4, 2019
`
`Exhibit 9 to the Deposition Transcript of Audible Magic taken on Sep. 4, 2019
`
`Exhibit 10 to the Deposition Transcript of Audible Magic taken on Sep. 4, 2019
`
`Exhibit 11 to the Deposition Transcript of Audible Magic taken on Sep. 4, 2019
`
`Exhibit 12 to the Deposition Transcript of Audible Magic taken on Sep. 4, 2019
`
`
`
`3
`
`

`

`Case 1:14-cv-02396-PGG-SN Document 235-1 Filed 11/11/20 Page 4 of 5
`
`EXHIBIT
`
`DESCRIPTION OF EXHIBIT
`
`36
`
`37
`
`38
`
`39
`
`40
`
`41
`
`42
`
`43
`
`44
`
`45
`
`46
`
`47
`
`48
`
`49
`
`50
`
`51
`
`52
`
`53
`
`54
`
`Excerpts from the Deposition Transcript of Jim Schrempp taken on Sep. 25,
`2019
`
`Exhibit 1 to the Deposition Transcript of Jim Schrempp taken on Sep. 25, 2019
`
`Exhibit 3 to the Deposition Transcript of Jim Schrempp taken on Sep. 25, 2019
`
`Exhibit 4 to the Deposition Transcript of Jim Schrempp taken on Sep. 25, 2019
`
`Exhibit 5 to the Deposition Transcript of Jim Schrempp taken on Sep. 25, 2019
`
`Exhibit 6 to the Deposition Transcript of Jim Schrempp taken on Sep. 25, 2019
`
`Exhibit 7 to the Deposition Transcript of Jim Schrempp taken on Sep. 25, 2019
`
`Exhibit 8 to the Deposition Transcript of Jim Schrempp taken on Sep. 25, 2019
`
`Exhibit 9 to the Deposition Transcript of Jim Schrempp taken on Sep. 25, 2019
`
`Exhibit 10 to the Deposition Transcript of Jim Schrempp taken on Sep. 25, 2019
`
`Exhibit 11 to the Deposition Transcript of Jim Schrempp taken on Sep. 25, 2019
`
`Exhibit 12 to the Deposition Transcript of Jim Schrempp taken on Sep. 25, 2019
`
`Exhibit 13 to the Deposition Transcript of Jim Schrempp taken on Sep. 25, 2019
`
`Exhibit 14 to the Deposition Transcript of Jim Schrempp taken on Sep. 25, 2019
`
`Exhibit 15 to the Deposition Transcript of Jim Schrempp taken on Sep. 25, 2019
`
`Document Produced by Audible Magic stamped AUD_MAGIC_00000022 (Feb.
`9, 1996)
`
`Document Produced by Audible Magic stamped AUDMAG01764922 (Dec.
`2000)
`
`Document Produced by Audible Magic stamped AUDMAG00396656 (May 8,
`2001)
`
`Document Produced by Audible Magic stamped AUDMAG01764675 (May 16,
`2001)
`
`
`
`4
`
`

`

`Case 1:14-cv-02396-PGG-SN Document 235-1 Filed 11/11/20 Page 5 of 5
`
`EXHIBIT
`
`DESCRIPTION OF EXHIBIT
`
`55
`
`56
`
`57
`
`58
`
`59
`
`60
`
`61
`
`62
`
`63
`
`64
`
`65
`
`66
`
`67
`
`68
`
`Excerpts from the Deposition Transcript of Patrick Breslin taken on Oct. 8, 2019
`
`Exhibit 1 to the Deposition Transcript of Patrick Breslin taken on Oct. 8, 2019
`
`Exhibit 2 to the Deposition Transcript of Patrick Breslin taken on Oct. 8, 2019
`
`Exhibit 3 to the Deposition Transcript of Patrick Breslin taken on Oct. 8, 2019
`
`Excerpts of Exhibit 4 to the Deposition Transcript of Patrick Breslin taken on
`Oct. 8, 2019
`
`Exhibit 5 to the Deposition Transcript of Patrick Breslin taken on Oct. 8, 2019
`
`Exhibit 8 to the Deposition Transcript of Patrick Breslin taken on Oct. 8, 2019
`
`Excerpts from the Deposition Transcript of Sean Ward taken on Oct. 31, 2019
`
`Excerpts of Exhibit 2 to the Deposition Transcript of Sean Ward taken on Oct.
`31, 2019
`
`Exhibit 4 to the Deposition Transcript of Sean Ward taken on Oct. 31, 2019
`
`Excerpts of the Deposition Transcript of Robert Kaye taken on Oct. 11, 2019
`
`Excerpts of Discovery Hearing Transcript (Nov. 7, 2019)
`
`Excerpts of Google’s Fourth Supp. Resp. & Obj. to Network-1’s Interrogatory
`Nos. 1, 2, 5-7, 9-11, 13-15, & 19 (Sep. 30, 2019)
`
`Declaration and Power of Attorney of Erling F. Wold (September 12, 2002).
`CERTIFICATE OF SERVICE
`
`I certify that on November 6, 2020, a true and correct copy of the foregoing documents
`
`were served on all parties of record via email.
`
`/s/ Brian D. Ledahl
`Brian D. Ledahl
`
`Attorneys for Plaintiff
`Network Technologies Inc.
`
`
`
`5
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket