`Case 1:14-cv-02396-PGG-SN Document 287-4 Filed 11/01/22 Page 1 of 4
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`EXHIBIT C
`EXHIBIT C
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`Case 1:14-cv-02396-PGG-SN Document 287-4 Filed 11/01/22 Page 2 of 4
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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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`Case 1:14-cv-02396-PGG-SN Document 287-4 Filed 11/01/22 Page 3 of 4
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`negotiation, and it is not possible to reliably adjust to account for dissimilarities, then the
`license should not be used as a comparable.
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`a. License Agreement Between
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` and Mirror Worlds
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`100. A potentially comparable license is the agreement between
` and Mirror
`Worlds. The agreement grants
` a license under the “Mirror Worlds Patents,”205 which is
`defined as all patents and patent applications in all jurisdictions worldwide that are assigned to
`or owned by Mirror Worlds and Network‐1.206 The agreement covers 39 issued U.S. patents
`and 15 U.S. applications. The Patents‐in‐Suit represent three of the patents in the licensed
`portfolio.207 The agreement went into effect on July 8, 2016, and will remain effective
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`.208
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` agreed to a
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` for this license.209
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`101. This agreement shows that Network‐1 was willing to license the Patents‐in‐Suit
`to a technology company that has a track record for developing new software (including
`internet) products and powerful platform economies of scope, and could have reasonably
`expected
` to put the licensed Patents‐in‐Suit into use by developing their own type of
`content identification system.
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`102.
`’s resources and expanding product offerings are frequently directed
`toward audio and visual media products. For example,
` provided “
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`” a system of matching a user’s local music collection with the versions of songs that
` stored on its cloud.210 In 2018,
` acquired
`, an app that allows users to
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`205 “Settlement and License Agreement,” Agreement between
`Mirror Worlds Agreement”), § 1.2 (NETWORK1_014113).
` Mirror Worlds Agreement, § 1.2.
`206
` Mirror Worlds Agreement, Exhibit B‐1 and B‐2.
`207
` Mirror Worlds Agreement, § 5.1.
`208
` Mirror Worlds Agreement, § 3.1.
`209
`210 “Subscribe to
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`50
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` and Mirror Worlds, July 8, 2016, (“
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`Case 1:14-cv-02396-PGG-SN Document 287-4 Filed 11/01/22 Page 4 of 4
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`System outside of the U.S., Google could have accelerated efforts to switch over to the Siberia
`system.
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`Gregory K. Leonard
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`Dated: February 14, 2020
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`94
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