`
`Legalcases
`1994-95
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`1996-98
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`1998
`
`1998
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`1998
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`1998-00
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`1999
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`1999
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`2000
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`2000
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`2000-01
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`2000
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`2001
`
`3Com v. SynOptics Communications
`Workman, Nydegger 8: Seeley (Salt Lake City, UT) for Plaintiff 3Com
`Patent litigation relating to secure Ethernet repeater technology. Provided expert technology
`consultation. Case settled before deposition or trial.
`Datapoint v. Intel, et. al.
`Kenyon and Kenyon (Washington, DC) for Defendant Intel
`Patent litigation relating to multi-speed Local Area Networks, Ethernet, Fast Ethernet, LAN
`Bridges, and Auto-Negotiation. Provided expert consultation and testimony at Markman
`hearing. Summary judgment for client Intel (non-infringement); affirmed on appeal.
`Bay Networks
`Provided expert opinion on the classification of networking products for the Harmonized Tariff
`Schedule of the European Union (World Customs Organization).
`Level One v. SEEQ
`Fish 8: Richardson (Menlo Park, CA) for Plaintiff Level One
`Patent litigation relating to Fast Ethernet Auto-Negotiation and IEEE standards. Provided expert
`consultation, expert report and deposition testimony. Case settled prior to trial.
`Ashraf Dahod v. LANCity Communications (Bay Networks)
`Weingarten, Schurgin, Gagnebin 8: Hayes (Boston, MA) for Defendant Bay Networks
`Patent litigation relating to broadband metropolitan-area network equipment. Provided expert
`consultation, expert report, and deposition testimony. Trial verdict for client Bay Networks.
`Accton Technology v. Microlinear
`Morgan, Miller 8: Blair (Walnut Creek, CA) for Plaintiff Accton
`Liability litigation relating to defective Ethernet transceiver components. Provided expert
`consultation. Case settled before trial.
`
`Texas Instruments v. Hyundai
`Jones, Day, Reavis 8: Pogue (Dallas, TX) for Plaintiff Texas Instruments
`Patent litigation relating to Fast Ethernet, signal encoding, and IEEE standards. Provided expert
`consultation and expert report. Case settled before trial (in excess of $1B for Plaintiff).
`Lucent v. Cisco Systems
`Weil, Gotshal 8: Manges (Menlo Park, CA) for Defendant Cisco Systems
`Patent litigation relating to Virtual LANs, internetworking, etc. (many patents at issue). Provided
`expert consultation. Case settled before trial.
`Nortel Networks v. Optical Networks, Inc.
`Fenwick 8: West (Menlo Park, CA) for Defendant Optical Networks
`Patent litigation relating to redundant fiber ring technology. Provided expert technology
`consultation. Consulting assignment completed during pendency of case.
`Accton Technology V. Valor Electronics
`Morgan, Miller 8: Blair (Walnut Creek, CA) for Plaintiff Accton
`Liability litigation relating to defective Ethernet power converter modules. Provided expert
`consultation and deposition testimony. Case settled before trial.
`II1tel v. Broadcom
`
`Superior Court of California (Santa Clara County)
`Litigation relating to potential disclosure of trade secrets as a result of hiring employees from a
`competitor. Served as Special Master to the Court, pursuant to a Preliminary Injunction ruling.
`Acted as a neutral, technically-knowledgeable third party to monitor work of affected employees
`to see if trade secret information was being misappropriated. Technologies at issue included
`Gigabit Ethernet and LAN Switch semiconductors. Provided report to court; case subsequently
`settled before trial.
`Grumman v. 3Com
`
`Workman, Nydegger 8: Seeley (Salt Lake City, UT) for Defendant 3Com
`Patent litigation relating to internetworking systems architecture. Provided expert consultation.
`Consulting assignment completed during pendency of case.
`Intel Corporation
`Provided expert consultation to in-house counsel regarding entire portfolio of network-related
`patents.
`
`Feb 2015
`
`0052
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`it 1029
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`Aerohive - Exhibit 1029
`0052
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`
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`2001-04
`
`2001-02
`
`2002-04
`
`2002-05
`
`2005
`
`2005
`
`2005-07
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`2005-
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`2005-07
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`2006-07
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`2006-07
`
`2006-07
`
`2006
`
`2006-
`
`Rich Seifert, continued
`
`Nortel v. Foundry Networks
`Orrick, Herrington 8: Sutcliffe (Menlo Park, CA) for Defendant Foundry Networks
`Patent litigation relating to design of bridges, switches, and routers. Provided expert consultation
`and expert reports. Case settled before trial.
`IBM V. Pluris
`
`Wilson, Sonsini, Goodrich & Rosati (Palo Alto, CA) for Defendant Pluris
`Patent litigation relating to a variety of internetworking technologies. Provided expert
`consultation. Case rendered moot by dissolution of Pluris.
`Connectel v. NMS
`
`Mintz, Levin, Cohn, Ferris, Glovsky & Popeo (Boston, MA) for Defendant NMS
`Patent litigation relating to Internet fax technology. Provided expert consultation, expert report,
`deposition testimony and testimony at Markman hearing. Case settled before trial.
`Chrimar Systems v. Cisco Systems
`Orrick, Herrington & Sutcliffe (Menlo Park, CA) for Defendant Cisco Systems
`Patent litigation relating to providing power to Ethernet devices over a communications link.
`Provided expert consultation, expert reports and affidavits, deposition and hearing testimony.
`Summary judgment for client Cisco (both non-infringement and invalidity of asserted patent
`claim).
`Connectel v. Cisco Systems
`Kirkland 8: Ellis (San Francisco, CA) for Defendant Cisco Systems
`Patent litigation relating to Internet fax technology. Provided expert consultation. Case settled
`before trial.
`Micrel v. Deloitte
`
`Bingham McCutcheon (East Palo Alto, CA) for Defendant Deloitte
`Accounting malpractice dispute relating to network semiconductor devices. Provided expert
`consultation. Consulting assignment completed during pendency of case.
`Negotiated Data Solutions v. Dell Computer
`Greenberg Traurig (Costa Mesa, CA) and Paul Hastings (Palo Alto, CA) for Defendant Dell
`Patent litigation relating to Ethernet Auto-Negotiation. Provided expert consultation. Consulting
`assignment completed during pendency of case.
`Marvell v. Broadcom
`
`O’Melveny 8: Myers (San Francisco, CA) for Defendant Broadcom
`Trade secret dispute relating to network semiconductor devices. Provided expert consultation.
`Case stayed indefinitely due to criminal prosecution of employee involved.
`L3 Communications V. Reveal Imaging Technologies, Inc.
`Mintz, Levin, Cohn, Ferris, Glovsky 8: Popeo (Boston, MA) for Defendant Reveal
`Patent litigation relating to networked airport baggage scanning equipment. Provided expert
`consultation. Case settled before trial.
`
`Network-1 v. D-Link Systems
`Christine Yang (Fountain Valley, CA) for Defendant D-Link Systems
`Patent litigation relating to providing power to Ethernet devices over a communications link.
`Provided expert consultation, expert report, deposition testimony. Case settled before trial.
`Accton Technology v. Centillium Communications
`Morgan, Miller &: Blair (Walnut Creek, CA) for Plaintiff Accton.
`Liability litigation relating to defective network routing semiconductors. Provided expert
`consultation, declarations. Case settled before trial.
`Alcatel v. Foundry Networks
`Orrick, Herrington 8: Sutcliffe (Menlo Park, CA) for Defendant Foundry Networks
`Patent litigation relating to user authentication for network switches. Provided expert
`consultation. Case settled before trial.
`
`Antor Media v. Palm Computing
`Quinn Emanuel (Redwood Shores, CA) for Defendant Palm Computing
`Patent litigation relating to method for data communications. Provided expert consultation. Case
`settled before trial.
`
`Enterasys Networks v. Foundry Networks
`Orrick, Herrington 8: Sutcliffe (Menlo Park, CA) for Defendant Foundry Networks
`Patent litigation relating to Virtual LAN implementation in network switches. Provided expert
`consultation. Consulting assignment completed during pendency of case.
`
`Feb 2015
`
`
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`Aerohive - Exhibit 1029
`0053
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`
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`2006-10
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`2007
`
`2008-09
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`2008
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`2008-10
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`2008-09
`
`2008-
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`2009
`
`2009
`
`2009
`
`2009-
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`2009-10
`
`2010
`
`Rich Seifert, continued
`
`Chrimar Systems v. PowerDSine, Chrimar Systems v. D-Link Systems
`Orrick, Herrington 8: Sutcliffe (Menlo Park, CA) for Defendants PowerDSine and D-Link.
`Patent litigation relating to providing power to Ethernet devices over a communications link.
`Provided expert consultation, expert reports, declarations, deposition and hearing testimony.
`Case settled before trial.
`3Com v. Realtek
`
`Simpson Thacher (New York, NY) for Plaintiff 3Com
`Patent litigation relating to implementation of host interface in Ethernet and FDDI network
`products. Provided expert consultation. Consulting assignment completed during pendency of
`case.
`
`Commil v. Cisco Systems
`Simpson Thacher (Palo Alto, CA) for Defendant Cisco Systems
`Patent litigation relating to partitioning of Wireless LAN devices. Provided expert consultation.
`Consulting assignment completed during pendency of case.
`Epson v. Advanced Micro Devices
`Townsend, Townsend and Crew (San Francisco, CA) for Plaintiff / Cross-Defendant Epson.
`Patent negotiation relating to Ethernet Auto-Negotiation, Wake-on LAN, Full Duplex Ethernet
`(many patents at issue). Provided expert consultation.
`Network Appliance v. Sun Microsystems, Inc.
`DLA Piper (Washington, DC) for Defendant Sun Microsystems
`Patent litigation relating to Ethernet Link Aggregation. Provided expert consultation. Case settled
`before trial.
`Fenner v. 3Com, et. al.
`Finnegan, Henderson (Palo Alto, CA) for Defendants D-Link, Extreme Networks, Netgear, ZyXel
`Vasquez, Benisek 8: Lindgren (Lafayette, CA) for Defendants SMC, Enterasys, et. al.
`Patent litigation relating to MAC bridging, IP routing, and address lookup algorithms. Provided
`expert consultation, expert report. Case settled before trial.
`Network-1 v. Enterasys, et. al.
`Vasquez, Benisek 8: Lindgren (Lafayette, CA) for Enterasys and Ioint Defense
`Follow-on case from prior Network-1 v. D-Link, same patent pursued against additional
`defendants following earlier settlement. Provided expert consultation. Consulting assignment
`completed during pendency of case.
`Fenner v. Dell, et. al.
`Weil, Gotshal 8: Manges (New York, NY) for Defendant Dell Computer
`Goodwin, Procter (Washington, DC) for Defendant Hewlett-Packard
`Follow-on case from prior Fenner v. 3Com litigation relating to MAC bridging, IP routing, and
`address lookup algorithms. Provided expert consultation. Consulting assignment completed
`during pendency of case.
`FINoc v. D-Link
`
`Law Offices of Christine Yang for Defendant D-Link
`Patent litigation relating to wireless DSL communications systems. Provided expert consultation.
`Case settled before trial.
`United States v. Ge
`
`Swanson 8: McNamara (San Francisco, CA) for Defendant Yuefei Ge
`Criminal prosecution relating to economic espionage and theft of trade secrets. Provided expert
`consultation. Defendant acquitted on two counts, mistrial (jury deadlock) on three counts.
`Zircon v. Stanley
`Haynes and Boone (San Jose, CA) for Plaintiff Zircon
`Patent litigation relating to algorithms for electronic stud finder. Provided expert consultation.
`Consulting assignment completed during pendency of case.
`Optimum Path v. SMC Networks
`Vasquez, Benisek 8: Lindgren (Lafayette, CA) for Defendant SMC Networks
`Patent litigation relating to wireless routers. Provided expert consultation. Consulting assignment
`completed during pendency of case.
`Eon V. Verizon
`
`Simpson Thacher (New York, NY) for Defendant Verizon
`Patent litigation relating to interactive video networks. Provided expert consultation, expert
`reports, deposition testimony. Case settled before trial.
`
`Feb 2015
`
`0054
`
`it 1029
`
`Aerohive - Exhibit 1029
`0054
`
`
`
`2010
`
`2011-
`
`2011-
`
`2011
`
`2011
`
`2011
`
`2012
`
`2012-
`
`2012-13
`
`2012-13
`
`2013
`
`2013-
`
`2013-
`
`2014
`
`2014-
`
`2014-
`
`Rich Seifert, continued
`
`SynQor, Inc. v. Lineage Power, et. al.
`Vasquez, Benisek & Lindgren (Lafayette, CA) for Defendants Lineage Power and Cherokee Power
`Patent litigation relating to switching power systems architecture. Provided expert consultation.
`Consulting assignment completed during pendency of case.
`Eon V. D-Link
`
`Law Offices of Christine Yang for Defendant D-Link
`Patent litigation relating to interactive video networks. Provided expert consultation. Consulting
`assignment completed during pendency of case.
`Fujitsu v. D-Link
`Law Offices of Christine Yang for Defendant D-Link
`Patent litigafion relating to PCMCIA interface adapters. Provided expert consultation. Consulting
`assignment completed during pendency of case.
`Pepper Hamilton LLP
`Evaluated patent portfolio for client considering acquisition of IP.
`VirnetX v. Siemens
`
`Pepper Hamilton LLP for Defendant Siemens
`Patent litigation relating to secure communications systems. Provided expert consultation.
`Consulting assignment completed during pendency of case.
`Chalumeau V. Enterasys, et. al.
`Vasquez, Benisek 8: Lindgren for joint defense.
`Patent litigation relating to Power-over-Ethernet. Provided expert consultation. Consulting
`assignment completed during pendency of case.
`Chrimar v. Avaya, et. al.
`Crowell 6: Moring for Defendant Avaya
`ITC action relating to Power-over-Ethernet. Provided expert consulting. Consulting assignment
`completed during pendency of case.
`Eon v. FLO TV
`
`Simpson Thacher for Defendant FLO TV
`Patent litigation relating to interactive video networks. Provided expert consultation. Case
`pending.
`Eon v. Novatel, et. al.
`K&L Gates for Defendants Novatel and Enfora.
`
`Patent litigation relating to interactive video networks. Provided expert consultation, expert
`report, and deposition testimony. Case settled before trial.
`USEI v. Digi
`Robins, Kaplan, lVIiller 8: Ciresi for Defendant Digi, Inc.
`Patent litigation relating to Ethernet interface design. Provided expert consultation. Consulting
`assignment completed during pendency of case.
`Eon v. Silver Spring Networks
`SNR Denton for Defendant Silver Spring Networks.
`Patent litigation relating to wireless telemetry systems. Provided expert consultation. Consulting
`assignment completed during pendency of case.
`Fenner v. Iuniper Networks
`lrell 8: Manella, LLP for Defendant Juniper Networks. Provided expert consultation. Case
`pending.
`USEI v. Xerox Corp.
`Robins, Kaplan, Miller & Ciresi for Defendant Xerox Corp. Provided expert consultation, expert
`report. Case settled before trial.
`USEI v. Apple Corp.
`Williams Morgan for Defendant Apple Corp. Provided expert consultation, expert reports.
`Summary judgment in favor of Defendant Apple.
`Chrimar v. AMX, et al.
`McDermott, Will & Emery for Defendant AMX. Provided expert consultation. Case pending.
`Net Navigation Systems LLC v. Extreme Networks
`Vasquez, Benisek, and Lindgren for Defendant Extreme. Provided expert consultation. Case
`pending.
`
`Feb 2015
`
`
`
`Aerohive - Exhibit 1029
`0055
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`
`
`EXHIBIT B
`ADDITIONAL MATERIALS CONSIDERED
`
`The following materials were considered in producing this report.
`
`U.S. Pat. No. 8,702,760, issued Dec. 2, 2014 (including Prosecution History).
`[’O12 Patent]
`
`U.S. Pat. No. 8,942,107, issued Ian. 27, 2015 (including Prosecution History).
`[’O12 Patent]
`
`U.S. Pat. No. 9,019,838, issued Apr. 28, 2015 (including Prosecution History).
`[’O12 Patent]
`
`Harry Newton, Newton's Telecom Dictionary, 18”‘ ed., CMP Books, 2002.
`
`Leonard Crow, Learning Electricity Fundamentals, Howard Sams, 1957
`[hereinafter ”Crow”]
`
`Declaration of Les Baxter, Dec. 17, 2015 [hereinafter ”Baxter Dec1.”].
`
`Microchip Corp., PIC12C5XX Family Datasheet.
`
`Page 1
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`
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`Aerohive - Exhibit 1029
`0056
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`