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`Exhibit I
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`Case 1:14-cv-02396-PGG-SN Document 249-9 Filed 04/07/21 Page 2 of 3
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`Plaintiff,
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`NETWORK‐1 TECHNOLOGIES, INC.,
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`vs.
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`GOOGLE LLC AND YOUTUBE, LLC,
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`Defendants.
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`Case No. 1:14‐CV‐02396‐PGG‐SN
`Case No. 1:14‐CV‐09558‐PGG‐SN
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`Expert Rebuttal Report of Dr. Gregory K. Leonard
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`Confidential Outside Counsel Only
`Prosecution/Acquisition Bar Materials
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`Case 1:14-cv-02396-PGG-SN Document 249-9 Filed 04/07/21 Page 3 of 3
`Confidential Outside Counsel Only
`Prosecution/Acquisition Bar Materials
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`Table 1. Summary of Costs Google Would Have Incurred to Move Match System Outside of the US
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`d. Additional Considerations
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`88.
`The above calculations provide a conservative estimate on the total cost to
`YouTube of a design‐around that it would have been able to implement at the time of each
`hypothetical negotiation, and which therefore acts as an upper bound on what it would have
`been willing to pay during the hypothetical negotiation.
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`89.
`I understand that Network‐1’s experts (Mr. Kinrich and Dr. Mitzenmacher) have
`claimed that implementing the non‐infringing alternative of moving Content ID components
`outside of the United States would not have been considered a viable alternative. Mr. Kinrich
`appears to assume that, in order to avoid infringement of the Patents‐in‐Suit, YouTube would
`have to move the entire Content ID process abroad. Mr. Kinrich asserts that moving servers
`abroad would result in a reduction in quality (e.g., latency, reliability, and other adverse
`issues)—though he does not evaluate the economic value of the claimed quality reduction.197
`He then defers to Dr. Mitzenmacher’s opinion that there “are likely significant resource and
`performance costs to this alternative,” and that therefore this is not a viable alternative.198 As I
`discuss in the rebuttal section, Mr. Kinrich fails to consider, as an economic matter, the next‐
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`197 Kinrich Report, ¶ 33.
`198 Kinrich Report, ¶ 33.
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`46
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