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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`DISH NETWORK L.L.C.,
`Petitioner
`
`v.
`
`BROADBAND ITV, INC.,
`Patent Owner
`___________________
`
`Case IPR2020-01267
`Patent 10,028,026
`___________________
`
`
`
`PATENT OWNER’S UPDATED EXHIBIT LIST
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`IPR2020-01267
`U.S. Patent No. 10,028,026
`Patent Owner submits this Updated Exhibit List to accompany submission of
`
`
`
`Exhibit 2034, the transcript of the teleconference held between the Board and
`
`parties on February 2, 2021.
`
`
`PATENT OWNER’S UPDATED EXHIBIT LIST
`
`
`2001
`
`2002
`
`2003
`
`2004
`
`Exhibit No. Description
`Complaint for Patent Infringement, Broadband iTV, Inc. v. DISH
`Network, LLC, Case No. 6:19-cv-00716-ADA (W.D. Tex.),
`December 19, 2019.
`Transcript of Telephonic Discovery Hearing Before the Honorable
`Alan D. Albright, Broadband iTV, Inc. v. DISH Network, LLC,
`Case No. 6:19-cv-00716-ADA (W.D. Tex.), August 31, 2020.
`“The last thing anyone should think about WDTX is that it is patent
`plaintiff friendly, says Albright,” (IAM, Apr. 7, 2020),
`https://www.iam-media.com/law-policy/albright-the-last-thing-
`anyone-should-think-about-venue-it-plaintiff-friendly (accessed
`Sept. 14, 2020).
`Order Denying Motion to Stay Case, Continental Intermodal
`Group-Trucking, LLC v. Sand Revolution, LLC, Case No. 7:18-cv-
`00147 (W.D. Tex.), July 22, 2020.
`Order Denying Motion to Stay Case, Kerr Machine Co. v. Vulcan
`Indus. Holdings, LLC., Case No. 6:20-cv-00200 (W.D. Tex.),
`August 18, 2020.
`Divisional Standing Order Regarding Trials in Waco, U.S. District
`Court for the Western District of Texas, August 18, 2020.
`Divisional Standing Order Regarding Trials in Waco, U.S. District
`Court for the Western District of Texas, September 23, 2020.
`Divisional Standing Order Regarding Trials in Waco, U.S. District
`Court for the Western District of Texas, March 24, 2020.
`Order Granting Motion to Consolidate Cases, Broadband iTV, Inc.
`v. DISH Network, LLC, Case No. 6:19-cv-00712 (W.D. Tex.), April
`15, 2020.
`Minute Entry for Proceedings held before Judge Alan D. Albright,
`Broadband iTV, Inc. v. DISH Network, LLC, Case No. 6:19-cv-
`00716 (W.D. Tex.), August 31, 2020.
`
`2005
`
`2006
`
`2007
`
`2008
`
`2009
`
`2010
`
`
`
`- 1 -
`
`
`
`IPR2020-01267
`U.S. Patent No. 10,028,026
`
`2011
`
`2012
`
`2013
`
`2014
`
`2015
`
`2016
`2017
`
`2018
`
`2019
`
`2020
`
`Exhibit No. Description
`“Roku Tells WDTX Patent Jury Its Tech's Web Access Is Key”
`Law360, October 5, 2020,
`https://www.law360.com/articles/1302893/print?section=ip
`(accessed October 20, 2020).
`Order Denying Motion to Dismiss, Broadband iTV, Inc. v. DISH
`Network, LLC, Case No. 6:19-cv-00716-ADA (W.D. Tex.), July
`25, 2020.
`Dish Network LLC’s Preliminary Invalidity Contentions,
`Broadband iTV, Inc. v. DISH Network, LLC, Case No. 6:19-cv-
`00716-ADA (W.D. Tex.), June 25, 2020.
`Intentionally Left Blank
`Defendants’ Opening Claim Construction Brief, Broadband iTV,
`Inc. v. DISH Network, LLC, Case No. 6:19-cv-716, U.S. District
`Court for the Western District of Texas, dated September 10, 2020.
`Intentionally Left Blank
`U.S. Patent Appl. Publ. No. 2002/00104099 to Novak (“Novak”)
`“Roku Beats $41M Infringement Claim In Texas Trial” Law360,
`October 14, 2020,
`https://www.law360.com/articles/1319005/print?section=ip
`(accessed October 21, 2020).
`“3 Things To Know After Busy WDTX Patent Judge's 1st Trial”
`Law360, October 16, 2020,
`https://www.law360.com/articles/1320360/print?section=ip
`(accessed October 21, 2020).
`Transcript of Telephonic Discovery Hearing Before the Honorable
`Alan D. Albright, Broadband iTV, Inc. v. DISH Network, LLC,
`Case No. 6:19-cv-00716-ADA (W.D. Tex.), March 26, 2020.
`Intentionally Left Blank
`BBiTV Court’s Claim Constructions Final At Hearing 11/13/20,
`Broadband iTV, Inc. v. DISH Network, LLC, Case No. 6:19-cv-716,
`U.S. District Court for the Western District of Texas, dated
`November 13, 2020.
`Intentionally Left Blank
`Teleconference Transcript, November 25, 2020.
`DISH Final Invalidity Contentions and Example Claim Charts
`AT&T Final Invalidity Contentions and Example Claim Charts
`
`2021-2025
`
`2026
`
`2027-2029
`2030
`2031
`2032
`
`
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`- 2 -
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`IPR2020-01267
`U.S. Patent No. 10,028,026
`
`Exhibit No. Description
`Civil Docket for Broadband iTV, Inc. v. DISH Network, LLC, Case
`2033
`No. 6:16-cv-00716-ADA (W.D. Tex.), February 2, 2021.
`Teleconference Transcript, February 2, 2021.
`2034
`
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`
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`Date: February 3, 2021
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Richard M. Bemben/
`
`
`Richard M. Bemben
`Registration No. 68,658
`Counsel for Patent Owner
`
`
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`- 3 -
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`
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`IPR2020-01267
`U.S. Patent No. 10,028,026
`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that true and correct copies of the
`
`foregoing PATENT OWNER’S UPDATED EXHIBIT LIST and Exhibit 2034
`
`were served electronically via e-mail on February 3, 2021, in their entireties on the
`
`following counsel for Petitioner:
`
` Alyssa Caridis (Lead Counsel)
` K. Patrick Herman (Back-up Counsel)
`ORRICK, HERRINGTON, & SUTCLIFFE, LLP
`A8CPTABDocket@orrick.com
`P52PTABDocket@orrick.com
`
`
`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Richard M. Bemben/
`
`
`Richard M. Bemben
`Registration No. 68,658
`Counsel for Patent Owner
`
`
`
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`
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`
`
`
`
`Date: February 3, 2021
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`
`
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`16234478_1.docx
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