`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`BROADBAND iTV, INC.,
`
`Plaintiff,
`
`v.
`
`DISH NETWORK, L.L.C.,
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`Defendant.
`
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`NO. 6:19-cv-716-ADA
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`PLAINTIFF BROADBAND iTV, INC.’S FIRST AMENDED PRELIMINARY
`INFRINGEMENT CONTENTIONS COVER PLEADING AND IDENTIFICATION OF
`PRIORITY DATES
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`Plaintiff Broadband iTV, Inc. (“BBiTV”) serves its preliminary infringement contentions
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`and identification of priority dates (“Disclosure”) subject to the governing Scheduling Order
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`regarding infringement by Defendant DISH Network L.L.C. (“DISH”) of U.S. Patent Nos.
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`10,028,026 (the “’026 Patent”), 10,506,269 (the “’269 Patent”), 9,998,791 (the “’791 Patent”),
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`and 9,648,388 (the “’388 Patent”) (collectively, “the Asserted Patents”).
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`BBiTV bases this Disclosure on its current knowledge, understanding, and belief as to the
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`facts and information available as of the date of this Disclosure. BBiTV has not yet completed its
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`investigation, collection of information, discovery, or analysis relating to this action, and
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`additional discovery, including discovery from DISH and third parties, may lead BBiTV to
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`amend, revise, and/or supplement this Disclosure. BBiTV specifically reserves the right to
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`amend, revise and/or supplement this Disclosure and/or accompanying exhibits in accordance
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`with any Orders of record in this matter, and Federal Rule of Civil Procedure 26(e), as additional
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`documents and information become available and as discovery and investigation proceed.
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`DISH Ex. 1027, p. 1
` DISH v. BBiTV
` IPR2020-01280
`
`
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`BBiTV reserves the right to supplement, modify or amend this Disclosure to include additional
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`products or services made, used, sold, or offered for sale in or imported into the United States by
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`DISH.
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`This Disclosure is made without prejudice to any position BBiTV may take with respect
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`to claim construction. BBiTV reserves its right to supplement this Disclosure and exhibits based
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`on the Court’s claim construction. BBiTV further reserves the right to introduce and use such
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`supplemental materials at trial.
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`The information in this Disclosure is not an admission regarding the scope of any claims
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`or the proper construction of those claims or any terms contained therein. The production of
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`documents accompanying this Disclosure is not an admission that such documents are admissible
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`and BBiTV does not waive any objections regarding admissibility. BBiTV reserves the right to
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`supplement its production of documents accompanying this disclosure upon identification or
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`receipt of additional documents, including documents from third parties.
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`I.
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`PRELIMINARY INFRINGEMENT CONTENTIONS
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`BBiTV’s preliminary infringement contentions are attached hereto as Exhibits 1-4. At
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`this stage, BBiTV provides charts for the following claims of the Asserted Patents:
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`(cid:157)
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`(cid:157)
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`(cid:157)
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`(cid:157)
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`’026 Patent: claims 1-9, 11-16 (Exhibit 1)
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`’269 Patent: claims 1-6, 8-12, 14-17 (Exhibit 2)
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`’791 Patent: claims 1-3, 5-12, 14-18 (Exhibit 3)
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`’388 Patent: claims 1-19 (Exhibit 4)
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`II.
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`IDENTIFICATION OF THE PRIORITY DATE FOR EACH CLAIM OF THE
`ASSERTED PATENTS
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`BBiTV sets forth that the priority date for each asserted claim is:
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`(cid:157)
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`’026 Patent, claims 1-9: at least as early as July 30, 2004, but no earlier than October
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`-2-
`
`DISH Ex. 1027, p. 2
` DISH v. BBiTV
` IPR2020-01280
`
`
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`2003.
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`(cid:157)
`
`(cid:157)
`
`(cid:157)
`
`(cid:157)
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`’026 Patent, claims 11-16: at least as early as March 12, 2007, but no earlier than July
`30, 2004.
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`’269 Patent, claims 1-6, 8-12, 14-17: at least as early as March 12, 2007, but no
`earlier than July 30, 2004.
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`’791 Patent, claims 1-3, 5-12, 14-18: at least as early as July 30, 2004, but no earlier
`than October 2003.
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`’388 Patent, claims 1-19: at least as early as July 30, 2004, but no earlier than October
`2003.
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`III.
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`DOCUMENT PRODUCTION
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`Accompanying this Disclosure, BBiTV produces, inter alia, copies of the file history for
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`each Asserted Patent. The foregoing documents are included in the Bates range BBITV000001 -
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`BBITV033865. In addition, source code pertinent to conception and reduction to practice is
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`available for inspection by DISH per the terms of the Protective Order.
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`-3-
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`DISH Ex. 1027, p. 3
` DISH v. BBiTV
` IPR2020-01280
`
`
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`Dated: May 15, 2020
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`Respectfully submitted,
`
`/s/ Jeremiah A. Armstrong
`Robert F. Kramer (pro hac vice)
`rkramer@feinday.com
`M. Elizabeth Day (pro hac vice)
`eday@feinday.com
`David Alberti (pro hac vice)
`dalberti@feinday.com
`Sal Lim (pro hac vice)
`slim@feinday.com
`Marc Belloli (pro hac vice)
`mbelloli@feinday.com
`Lawrence G. McDonough (Admitted to Practice)
`lmcdonough@feinday.com
`Hong Lin (pro hac vice)
`hlin@feinday.com
`Jeremiah A. Armstrong (pro hac vice)
`jarmstrong@feinday.com
`FEINBERG DAY KRAMER ALBERTI
`LIM TONKOVICH & BELLOLI LLP
`577 Airport Blvd., Suite 250
`Burlingame, California 94010
`Tel: 650-825-4300
`Fax: 650-460-8443
`
`Wesley Hill (SBN 24032294)
`wh@wsfirm.com
`Claire Abernathy Henry (SBN 24053063)
`claire@wsfirm.com
`Andrea L. Fair (SBN 24078488)
`andrea@wsfirm.com
`WARD, SMITH & HILL, PLLC
`1507 Bill Owens Parkway
`Longview, Texas 75604
`Tel: 903-757-6400
`Fax: 903-757-2323
`
`Attorneys for Plaintiff
`Broadband iTV, Inc.
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on May 15, 2020, a copy of the foregoing was
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`served via email to all counsel of record.
`
`By: /s/ Jeremiah A. Armstrong
`Jeremiah A. Armstrong
`
`-4-
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`DISH Ex. 1027, p. 4
` DISH v. BBiTV
` IPR2020-01280
`
`