`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`DISH NETWORK L.L.C.,
`Petitioner
`
`v.
`
`BROADBAND ITV, INC.,
`Patent Owner
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`
`DECLARATION OF MICHAEL KUNKEL
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`BBiTV EX2103
`DISH v. BBiTV
`IPR2020-01267
`
`
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`
`I, Michael Kunkel, declare and state as follows:
`
`1.
`
`I am the Director of Investigative Services of Setec Security
`
`Technologies, Inc. I have personal knowledge of the facts set forth herein, except
`
`as to those stated on information and belief and, as to those, I am informed and
`
`believe them to be true. If called as a witness, I could and would competently
`
`testify to the matters stated herein. I submit this declaration in support of
`
`Broadband iTV, Inc.’s (“BBiTV”) Patent Owner Response (“POR”) in Case
`
`IPR2020-01267 pending before the Patent Trial and Appeal Board.
`
`2. My job responsibilities as the Director of Investigative Services of
`
`Setec Security Technologies, Inc. entail providing litigation support to attorneys, as
`
`well as leading our computer forensic and electronic discovery specialists who
`
`work in our business unit, Setec Investigations, which specializes in the discovery,
`
`collection, investigation, and production of electronic information for investigating
`
`and handling computer-related crimes and misuse. In my role with Setec
`
`Investigations, I work with government entities, local, state, and federal law
`
`enforcement agencies, private attorneys, and corporations, and specialize
`
`specifically in managing computer forensic investigations and providing thorough
`
`litigation support solutions. I have been involved in over 3,000 computer forensic
`
`investigations and electronic discovery engagements surrounding theft of
`
`intellectual property, trade secret misappropriation, financial fraud, email and
`
`
`
`2
`
`
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`Internet abuse, employee disputes, copyright infringement, industrial espionage,
`
`disputed dismissals, and software code reviews, spoliation, among other
`
`engagements.
`
`3.
`
`Prior to my employment at Setec Security Technologies, Inc., I was a
`
`digital forensics examiner at Stroz Friedberg, LLC, where I led digital
`
`investigations and provided expert guidance in a multitude of different litigations.
`
`Prior to working at Stroz Friedberg, I was a Special Agent in the United States Air
`
`Force Office of Special Investigations. I was Chief of the Cyber Investigations and
`
`Operations at Yokota Air Base, Japan. I investigated countless incidents of
`
`computer crime and led the Air Force’s cyber counter-intelligence gathering efforts
`
`throughout the Pacific region. I am a certified EnCase Examiner through Guidance
`
`Software as well as a Certified Information Systems Security Professional through
`
`ISC2. I have also been a Department of Defense certified Computer Crime
`
`Investigator as well as a member of various professional organizations related to
`
`computer forensics. My curriculum vitae is attached as Exhibit A.
`
`4.
`
`Setec Security Technologies, Inc.’s billing rates for electronic
`
`discovery and forensic services are $275 per hour and $400 per hour for testimony
`
`with a 3 hour minimum per day of testimony, per person.
`
`
`
`3
`
`
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`In 2021, Setec Investigations was retained by Feinberg Day Kramer
`
`5.
`
`Alberti Lim Tonkovich & Belloli LLP to provide data collection and electronic
`
`discovery services in support of BBiTV.
`
`6.
`
`As part of our services, Setec Investigations has been asked to explain
`
`and interpret metadata, and specifically, date information associated with the
`
`following files:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`h.
`
`i.
`
`BBITV184330 (Microsoft Word). I understand that this file is
`being submitted in PDF format with BBiTV’s POR as EX2110.
`
`BBITV184331 (Microsoft PowerPoint). I understand that this
`file is being submitted in PDF format with BBiTV’s POR as
`EX2111.
`
`BBITV184332 (Microsoft Word) I understand that this file is
`being submitted in PDF format with BBiTV’s POR as EX2112.
`
`BBITV184333 (Microsoft Word). I understand that this file is
`being submitted in PDF format with BBiTV’s POR as EX2113.
`
`BBITV184334 (Microsoft Word). I understand that this file is
`being submitted in PDF format with BBiTV’s POR as EX2114.
`
`BBITV184335 (Microsoft Word). I understand that this file is
`being submitted in PDF format with BBiTV’s POR as EX2115.
`
`BBITV184336 (Microsoft Word). I understand that this file is
`being submitted in PDF format with BBiTV’s POR as EX2116.
`
`BBITV032983 (Microsoft Word). I understand that this file is
`being submitted in PDF format with BBiTV’s POR as EX2067.
`
`BBITV032989 (Microsoft Word). I understand that this file is
`being submitted in PDF format with BBiTV’s POR as EX2066.
`
`
`
`4
`
`
`
`j.
`
`k.
`
`l.
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`BBITV032997 (Microsoft Word). I understand that this file is
`being submitted in PDF format with BBiTV’s POR as EX2048.
`
`BBITV033000 (Microsoft Word). I understand that this file is
`being submitted in PDF format with BBiTV’s POR as EX2049.
`
`BBITV035411 (Microsoft PowerPoint). I understand that this
`file is being submitted in PDF format with BBiTV’s POR as
`EX2072.
`
`m. BBITV049500 (Microsoft Word). I understand that this file is
`being submitted in PDF format with BBiTV’s POR as EX2150.
`
`n.
`
`o.
`
`p.
`
`BBITV049516 (Microsoft Word). I understand that this file is
`being submitted in PDF format with BBiTV’s POR as EX2070.
`
`BBITV049702 (Microsoft Word). I understand that this file is
`being submitted in PDF format with BBiTV’s POR as EX2093.
`
`BBITV184276 (Microsoft Word). I understand that this file is
`being submitted in PDF format with BBiTV’s POR as EX2061.
`
`7. Metadata is a set of data that describes and gives information about
`
`other data. Microsoft Office files, such as Microsoft Word and Microsoft
`
`PowerPoint, contain embedded metadata within each file that is specific to each
`
`file regardless of the computer used to view the file.
`
`8.
`
`Of particular importance in this matter are the “Created” and “Last
`
`Modified” date information within the “Related Dates” field in the embedded
`
`metadata that is associated with each file. This information is viewable within the
`
`Microsoft applications when viewing the “Properties” option under the “File” tab.
`
`9.
`
`In addition to the review of the “Related Dates” information in the
`
`metadata embedded within each file, Setec also used Metadata Assistant, a
`5
`
`
`
`
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`computer forensic software tool, to evaluate the metadata for each of these files.
`
`See https://new.thepaynegroup.com/metadata-assistant.
`
`10. Based on the review of the embedded metadata in each file and the
`
`report generated from the forensic software Metadata Assistant, the evidence
`
`shows the following date information for each of the following files:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`h.
`
`i.
`
`BBITV184330 (Microsoft Word) [EX2110]. Created:
`5/23/2004 3:52:00 PM. Last Modified:6/27/2004 4:15:00 PM.
`
`BBITV184331 (Microsoft PowerPoint) [EX2111]. Created:
`10/1/2003 10:32:15 PM. Last Modified: 6/27/2004 4:36:49
`PM.
`
`BBITV184332 (Microsoft Word) [EX2112]. Created:
`6/20/2004 4:20:00 PM. Last Modified: 6/27/2004 4:39:00 PM.
`
`BBITV184333 (Microsoft Word) [EX2113]. Created:
`6/27/2004 8:47:00 PM. Last Modified: 6/28/2004 12:37:00
`PM.
`
`BBITV184334 (Microsoft Word) [EX2114]. Created:
`6/27/2004 9:05:00 PM. Last Modified: 6/29/2004 9:20:00 PM.
`
`BBITV184335 (Microsoft Word) [EX2115]. Created:
`6/29/2004 9:14:00 PM. Last Modified: 6/29/2004 9:36:00 PM.
`
`BBITV184336 (Microsoft Word) [EX2116]. Created:
`6/29/2004 9:37:00 PM. Last Modified: 6/29/2004 9:56:00 PM.
`
`BBITV032983 (Microsoft Word) [EX2067]. Created:
`3/29/2004 11:24:00 AM. Last Modified: 3/29/2004 11:54:00
`AM.
`
`BBITV032989 (Microsoft Word) [EX2066]. Created:
`3/24/2004 10:42:00 AM. Last Modified: 3/26/2004 11:02:00
`AM.
`
`
`
`6
`
`
`
`j.
`
`k.
`
`l.
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`BBITV032997 (Microsoft Word) [EX2048]. Created:
`10/22/2003 3:00:00 PM. Last Modified: 10/22/2003 4:02:00
`PM.
`
`BBITV033000 (Microsoft Word) [EX2049]. Created:
`10/19/2003 4:38:00 PM. Last Modified: 10/19/2003 6:01:00
`PM.
`
`BBITV035411 (Microsoft PowerPoint) [EX2072]. Created:
`10/1/2003 10:32:15 PM. Last Modified: 2/18/2004 3:28:52
`PM.
`
`m. BBITV049500 (Microsoft Word) [EX2150]. Created:
`5/14/2004 9:47:00 AM. Last Modified: 5/14/2004 9:47:00 AM.
`
`n.
`
`o.
`
`p.
`
`BBITV049516 (Microsoft Word) [EX2070]. Created:
`4/29/2004 2:32:00 PM. Last Modified: 4/29/2004 2:47:00 PM.
`
`BBITV049702 (Microsoft Word) [EX2093]. Created:
`6/23/2004 6:34:00 PM. Last Modified: 6/23/2004 7:05:00 PM.
`
`BBITV184276 (Microsoft Word) [EX2061]. Created:
`3/31/2004 1:11:00 PM. Last Modified: 3/31/2004 1:11:00 PM.
`
`I declare that all statements made herein of my knowledge are true, and that
`
`all statements made on information and belief are believed to be true, and that
`
`these statements were made with the knowledge that willful false statements and
`
`the like so made are punishable by fine or imprisonment, or both, under Section
`
`1001 of Title 18 of the United States Code.
`
`
`
`Executed on the 10th day of May 2021.
`
`________________________________
`Michael Kunkel
`
`
`
`7
`
`
`
`EXHIBIT
`
`EXHIBIT
`A
`
`A
`
`
`
`
`
`
`
`Curriculum Vitae
`
`Michael Kunkel
`Director of Investigative Services
`
`(800) 748-5440
`mkunkel@SetecInvestigations.com
`www.SetecInvestigations.com
`
`Mr. Michael Kunkel is Setec Investigations' Director of Investigative Services. Mr. Kunkel
`possesses an extensive technical background, which is combined with a thorough education, time
`served in the United States Air Force, and numerous certifications, including an EnCase
`Certified Examiner (EnCE) by Guidance Software and as a Certified Information Security
`Systems Professional by ISC2. Mr. Kunkel's expertise in computer forensics and investigative
`techniques allows him to successfully provide corporations, law firms, and law enforcement
`agencies with electronic evidence critical to the resolution of civil and criminal litigations and
`lead these investigations in a professional manner.
`
`Mr. Kunkel continuously supports public and private corporations, along with government
`entities through litigation support and expert witness services, leveraging his technical expertise,
`understanding of the legal system, and real-world experience to produce cost-effective strategies
`for the discovery, collection, and investigation of electronic evidence. In addition, Mr. Kunkel
`participates in Setec Investigations’ Computer Incident Response Team (CIRT) and applies his
`real-world experience by performing corporate computer fraud and cybercrime investigations.
`
`Mr. Kunkel has acted as a computer forensic investigator for private attorneys, law enforcement
`agencies, corporations, insurance companies, and private individuals. Mr. Kunkel’s involvement
`in diverse investigations and litigations has spanned numerous areas, including:
`§ Fraud
`§ Divorce & Family Law
`§ Theft of Intellectual Property
`§ Asset Recovery
`§ Trade Secret Misappropriation
`§ Defamation
`§ Email & Internet Abuse
`§
`Industrial Espionage
`§ Disputed Dismissals
`§ Employee Disputes
`§ Patent Infringement
`§ Software Code Review
`§ Copyright Infringement
`§ Breach of Contract
`
`
`
`
`
`
`
`
`PROFESSIONAL EXPERIENCE:
`Director of Investigative Services, Setec Security Technologies, Inc. (September 2011 to
`Present)
`§ Leads and participates on computer forensic investigations and electronic discovery
`activities as a skilled high-tech investigator and project manager, regularly focusing
`on corporate computer fraud and cybercrime investigations.
`§ Provides litigation support advisory assistance to attorneys to advance computer
`forensic and electronic discovery efforts, satisfy discovery requests, and compel
`inspections.
`§ Acts as a computer forensic investigator for private attorneys, law enforcement
`agencies, corporations, insurance companies, and private individuals involved in
`diverse investigations and litigations spanning numerous areas, including, but not
`limited to: fraud, theft of intellectual property, trade secret misappropriation, email
`and internet abuse, employee disputes, sexual harassment, and breach of contract.
`
`
`Digital Forensic Examiner, Stroz Friedberg L.L.C., San Francisco (August 2009 to
`September 2011)
`§ Conducted digital forensic acquisitions and analyses of laptops, desktops, and servers
`in civil litigations, criminal matters, and internal investigations.
`§ Developed and programed customized utilities for use in the processing of electronic
`data, increasing the efficiency of electronic discovery processes.
`§ Performed large-scale electronic discovery involving the preservation, processing,
`and production of electronic data from a variety of digital sources.
`
`
`United States Air Force, Chief of Cyber Investigations & Operations, Office of Special
`Investigations (AFOSI), Yokota Air Base, Japan (August 2006 to August 2009)
`§ Supervised, planned, coordinated, and implemented all cyber counterintelligence
`operations and network intrusion investigations conducted by the Air Force, from the
`Horn of Africa to the International Date Line.
`§ Led a team of Special Agents providing cyber investigative and computer forensic
`support to a multitude of criminal and counterintelligence cases covering 8 locations
`and providing consultations to over one hundred field agents.
`§ Provided specialized briefings to other government agencies and Air Force leadership
`concerning the threats to the U.S. network infrastructure from foreign intelligence
`services.
`§ Conducted extensive liaison with high-level Japanese, Korean, and U.S. military and
`law enforcement counterparts regarding threats to their networks.
`
`
`
`
`
`Michael Kunkel - Curriculum Vitae
`
`– 2 –
`
`
`
`
`
`
`
`
`
`United States Air Force, Global War on Terrorism, Operation Iraqi Freedom, Iraq,
`(September 2008 to March 2009)
`§ Deployed to Iraq as part of a Joint Special Operations Task Force working alongside
`members of each service and civilians to counter the Iraqi insurgency and establish
`stability in the region.
`
`United States Air Force, Computer Crime Investigator, Travis Air Force Base, California
`(December 2005 to August 2006)
`§ Planned, coordinated, and implemented cyber counterintelligence operations in the
`western United States.
`§ Served as the primary investigator on network intrusion investigations involving US
`Air Force assets.
`§ Provided cyber investigative consultation and computer forensic analysis to 17 other
`Air Force field investigative units.
`§ Testified in multiple court martial proceedings.
`
`United States Air Force, Criminal Investigator, Travis Air Force Base, California, (June
`2004 to December 2005)
`§ Acted as primary investigator for felony-level crimes including: murder, rape, child
`molestation, drugs, blackmail, and fraud.
`§ Assisted in the apprehension and subsequent incarceration of multiple Air Force
`criminals.
`§ Wrote reports and provided testimony in multiple court-martial proceedings.
`
`
`PROFESSIONAL CERTIFICATIONS
`§ EnCase Certified Examiner, 2010.
`§ Certified Information Security Systems Professional, 2009.
`§ DoD-Certified Computer Crime Investigator, 2006.
`§ DoD-Certified Computer Forensic Examiner, 2005.
`
`
`SELECTION OF PROFESSIONAL TRAINING
`§ STROZ FRIEDBERG, Internal Training Program - Attended weekly in-house training
`presentations on digital forensics, cybercrime response, computer security, desktop and
`network forensics tools, and relevant legal topics.
`
`§ DEFENSE CYBER INVESTIGATIONS TRAINING ACADEMY - Excelled in 500
`hours of formal cyber investigative training in Networks and Computer Hardware,
`Incident Response, Windows Forensic Examinations, Forensics and Intrusions in
`Windows and Linux Environments, Network Monitoring, Online Undercover
`Techniques, and Malicious Code Analysis.
`
`Michael Kunkel - Curriculum Vitae
`
`– 3 –
`
`
`
`
`
`§ UNITED STATES AIR FORCE SPECIAL INVESTIGATIONS ACADEMY -
`Credentialed as a Special Agent of the United States Government.
`
`§ FEDERAL LAW ENFORCEMENT TRAINING CENTER - Criminal Investigator’s
`Training Program.
`
`EDUCATION
`§ 2008, UNIVERSITY OF TEXAS AT DALLAS, M.B.A., Business
`§ 2004, UNITED STATES NAVAL ACADEMY, B.S., Systems Engineering
`
`TESTIMONY EXPERIENCE
`1. United States v Mirabal, United States Air Force Court Martial, Nellis Air Force Base,
`Nevada, April 2006.
`2. United States v Turner, United States Air Force Court Martial, Travis Air Force Base,
`California, January 2007.
`3. United States v Chapman, United States Air Force Court Martial, Travis Air Force Base,
`California, January 2007.
`4. United States v Cann, United States Air Force Court Martial, Elmendorf Air Force Base,
`Alaska, January 2007.
`5. United States v Ruddy, United States Air Force Court Martial, Travis Air Force Base,
`California, June 2007.
`6. Denise Winters v County of Solano, Case No: FCS035144, Superior Court of California,
`Solano County, California, October 2011.
`7. Bruce W. Ballai v Kiewitt, Case No: 10CV09827, District Court of Johnson County
`Kansas, Johnson County, Kansas, February 2012.
`8. Hummer Construction, Inc. v Aidlin General Trust, et al., Case No: BC449181, Superior
`Court of California, Los Angeles County, California, May 2012.
`9. Bergstein, et al. v Tregub, et al., Case No: BC434558, Superior Court of California, Los
`Angeles County, California, September 2012.
`10. SMH Capital Advisors, Inc. v Jimmy Day, FINRA Case No: 12-03291, FINRA
`Arbitration, Dallas, Texas, October 2012
`11. Id., March 2013.
`12. Videotech Services, Inc. v Edward Abdalla, David Santos, Timothy Rodriquez, Timothy
`Woolsey, H.F. Woolsey Corporation d/b/a The Crew Source, Case No. SC105947,
`Superior Court of California, Los Angeles County, California, January 2013
`13. Id., July 2014.
`
`Michael Kunkel - Curriculum Vitae
`
`– 4 –
`
`
`
`
`
`14. RPMx Construction, LLC, v Brian Colin and Earth Basics Contracting Corporation, Case
`No. 417-02459-2013, District Court, 417 Judicial District, Collin County, Texas, July
`2013.
`15. Pavez Insurance Agency, Inc. DBA CPI Financial & Insurance Services v Sandra M.
`Best and Does 1 to 10, Inclusive, Case No. CIVSS 818321, Superior Court of California,
`San Bernardino County, California, September 2013
`16. Id., October 2013.
`17. Slaymaker v Armstrong Financial Group, Case No. 37-2012-00054141-CU-OE-NC,
`Superior Court of California, San Diego County, California, April 2014.
`18. Dupree, Sulatycky, O’Brien, Giron, and Morales v Sajahtera, Inc., Case No. BC463162,
`Superior Court of California, Los Angeles County, California, July 2014.
`19. Rebecca Lewis v Alexandria Gramercy, LLC; Urban Brokerage, Inc., Case No.
`BC497235, Superior Court of California, Los Angeles County, California, August 2014.
`20. Compak Securities, Inc., v Olandj, McDonald, and Orama, JAMS Reference No.
`1200047466, JAMS Arbitration, Los Angeles, California, August 2014.
`21. Stephen Welsh v Ryder Truck Rental, INC., and Navistar International Corporation; Case
`No. 37-2012-00085385-CU-PO-CTL, Superior Court of California, San Diego County,
`California, September 2014.
`22. Archie Roundtree v Los Angeles Unified School District, Gerardo Loera, Ari Bennett,
`Adriana Maldonado-Gomez and Does 1-30, Case No. BC 499893, Superior Court of
`California, Los Angeles County, California, November 2014.
`23. InfoSpan, Inc. v Emirates NBD Bank PJSC, Case No. 8:11-CV01062 JVS (ANx), United
`States District Court, Central District of California, Southern Division, January 2015.
`24. Luminant Generation Company, LLC., vs Jennifer Morrison, T. Jeff Stone, and T. Jeff
`Stone & Associates, LLC., Cause No. 416-03151-2013, District Court of Collin County,
`Texas, 416th Judicial District, February 2015.
`25. Procaps S.A. v Patheon Inc., Case No. 1:12-cv-24356-JG, United States District Court,
`Southern District of Florida, Miami Division, June 2015.
`26. Central Medical Diagnostic Laboratory, Inc., v Brian Patchett, Michael Lumkin,
`California Laboratory Sciences LLC, Case No. 30-2013-00628124, Superior Court of
`California, County of Orange – Central Justice Center, California, February 2015
`27. Id., September 2015.
`28. Cat 3, LLC, SXH, LLC, and Suchman, LLC, v Black Lineage, Inc., and Vahe Estepanian
`a/k/a Fletch Estepanian, Case N. 14-cv-5511 (AT), U.S. District Court, Southern District
`of New York, California, October 2015
`29. Id., New York, December 2015.
`
`Michael Kunkel - Curriculum Vitae
`
`– 5 –
`
`
`
`
`
`30. Charles M. Natcher, Jr., v JPH Consulting, INC., Case No. 56-2013-0446158-CU-WT-
`VTA, Superior Court of the State of California, Ventura County – Hall of Justice,
`Arbitration, California, January 2016.
`31. American Lighting Inc, Neo-Neon Led USA Holdings Ltd and Tivoli LLC, v Targetti
`Sankey, S p A, et al., Case No. 14-01285-DOC, U.S. District Court, Central District of
`California, Southern Division, California, February 2016.
`32. Bombardier Inc. v Fabio Rebello, Case No. 2014-CA-001878-O, Circuit Court of the
`Ninth Judicial Circuit In And For Orange County, Florida, Texas, February 2016.
`33. CoreLogic, Inc. v First American Financial Corporation, Case No. A213700, Judicate
`West Arbitration, California, April 2016.
`34. Integrated Instrument Services, Inc. v Aziz Rahim and Pippets Pro, LLC, Cause No.
`201613511, 165th Judicial District, District Court of Harris County, Texas, May 2016.
`35. Chaowen Zhong v Eaton Escrow, Inc, Case No. 37-2015-00006141-CU-PN-CTL,
`Superior Court of the State of California, San Diego County, California, May 2016.
`36. Building Materials Corporation of America dba GAF Materials Corporation v Paramount
`Petroleum Corporation, Case No. BC 481673, Superior Court of the State of California,
`Los Angeles County, California, July 2016.
`37. The Regents of the University of California v Paul S. Aisen, et. al., Case No. 3:15-cv-
`01766-BEN-JLB, U.S. District Court, Southern District of California, California,
`December 2016.
`38. Alessandro Camara v C.G. Motor Sports, Inc., Case No. CIVDS1517958, Superior Court
`of the State of California, County of San Bernardino, California, January 2017.
`39. Fiber Systems International, Inc. v Michael Dabrowski, Case No. 417-05506-2016,
`District Court of Collin County, Texas, 417th District Court, McKinney, Texas, February
`2017.
`40. FaxLogic, LLC v Matthew Thornton, Cause No. DC-15-07964, District Court of Dallas,
`Texas, 193rd Judicial District, Dallas, Texas, October 2016
`41. Id., May 2017.
`42. Aerovironment, Inc. v Torres, McAllister, McBride, Micasense Inc., Case No. 56-2015-
`00465460-CU-BC-VTA, Superior Court of the State of California, Ventura County,
`California, June 2017.
`43. CP Kelco U.S., Inc. v Chienkuo Yuan, Case No. 37-2015-00022453-CU-BT-CTL,
`Superior Court of the State of California, County of San Diego, California, March 2017
`44. Id., August 2017.
`45. Tracey Downey-Racen v Healthy Gourmet, LLC, Case No. 30-2012-00619381-CU-BC-
`CJC, Superior Court of the State of California, County of Orange, California, October
`2017.
`
`Michael Kunkel - Curriculum Vitae
`
`– 6 –
`
`
`
`
`
`46. The New Home Company v Jay Bartell and Ginger Marin, Case No. BC607130, Superior
`Court of the State of California, County of Los Angeles, California, October 2017.
`47. Jeffer Mangels Butler & Mitchell LLP v Gregory J. Lorber, Case No. 14-65050GAG,
`ADR Services, Inc., California, June 2018
`48. Id., July 2018.
`49. Professional Reprographics Services, Inc. v Hudson Shuffleboards, Inc., Case No. 30-
`2018-00992602-CU-UD-CJC, Superior Court of the State of California, County of
`Orange, Texas via VTC, July 2018.
`50. Oren Cohen v Avraham Hassid, Case No. BC618549, Superior Court of the State of
`California, County of Los Angeles, California, September 2018.
`51. Savills Studley, Inc. v Ashley Elkin, Case No. 1:18-cv-02887-CMA-NRN, U.S.District
`Court, District of Colorado, Colorado, November 2018.
`52. Taryn Dudley v Allan M. Acton, D.D.S., P.A a/k/a Cary Family Dental, LLC, Case No.
`5:18-cv-00146-D, U.S. District Court, Eastern District of North Carolina, Western
`Division, Texas via VTC, April 2019.
`53. Absolute Pediatric Services, Inc. v LaDonna Humphrey, Case No. 04CV-18-961, Circuit
`Court of Benton County, Arkansas, May 2019.
`54. Citcon USA, LLC. v RiverPay Inc., et al., Case No. 5:18-cv-02585-NC, U.S. District
`Court, Northern District of California, California, September 2019.
`55. Zeno Semiconductor Inc. v Silicon Storage Technology Inc., et al., Case No.
`17CV306507, Superior Court of Santa Clara, Texas via VTC, November 2019.
`56. Zitan Technologies, LLC, and Ginko, LLC, v Liang Yu, Case No. 3:18-cv-00395-MMD-
`WGC, United States District Court District of Nevada, Texas via VTC, March 2020.
`57. EMR (USA Holdings) Inc., v Richard Goldberg, et al., Case No. DC-17-14064, 116th
`Judicial District, Dallas County, Texas via VTC, October 2020.
`58. SPS Technologies, LLC d/b/a PB Fasteners, v Briles Aerospace, Inc, Mike Briles and
`Robert Briles., Case No. 2:18-cv-09536-MWF-AS, U.S. District Court, Central District
`of California, Texas via VTC, November 2020.
`59. Karma Automotive, LLC, v Lordstown Motor Corp., Case No. 8:20-cv-02104-JVS-
`DFM, U.S. District Court, Central District of California, Texas via VTC, February 2021.
`60. Timothy Allen, v Vaksman Law Office, P.C., Case No. 2:19-cv-30-TBM-MTP, U.S.
`District Court, Southern District of Mississippi, Texas via VTC, February 2021.
`61. Brown & Brown Insurance of Arizona, Inc., v Mark New, Lorna New, Zachary Hope,
`and Jenna Hope, Case N. CV2019-014651, Superior Court of the State of Arizona in and
`for the County of Maricopa, Texas via VTC, May 2021.
`
`Michael Kunkel - Curriculum Vitae
`
`– 7 –
`
`