7/8/2020
`
`Judge Alan D. Albright
`
`Summary
`
`Is the judge experienced in patent litigation?
`
`Cases by Year
`
`2300
`
`1840
`
`1380
`
`920
`
`460
`
`0
`
`24
`1
`
`10
`2
`
`248
`
`163
`28
`
`2008
`
`2009
`
`2010
`
`2011
`
`2012
`
`2013
`
`2014
`
`2015
`
`2016
`
`2017
`
`2018
`
`2019
`
`YTD
`
`Assigned Cases
`
`Accusations in Assigned Cases
`
`This chart displays the number of Patent Cases assigned to the selected judge based on the filing date of the
`complaint, as well as the number of Patent Accusations in those cases.
`
`Judge Alan D. Albright
`
`By The Numbers
`
`1890
`
`Remedies
`
`1302
`
`High
`
`Low
`
`Average
`
`Injunctions
`
`Preliminary Injunctions
`
`Permanent Injunctions
`
`400
`
`Temporary Restraining Orders
`
`$11,488,872
`
`$5,457
`
`$7,586,891
`
`0
`
`5
`
`0
`
`317
`
`3
`
`2
`
`22
`
`2
`
`0
`
`6
`
`Claim Constructions
`
`Claim Constructions
`
`Determinations
`
`Infringed
`
`Not unenforceable
`
`Not invalid
`
`Not infringed
`
`Unenforceable
`
`Invalid
`
`https://search.docketnavigator.com/patent/judge/16961/0?print=true
`
`1/6
`
`DISH Ex-1023, p. 1
`DISH v. BBiTV
`IPR2020-01267
`
`AT&T EXHIBIT 1023
`
`

`

`7/8/2020
`
`Judge Alan D. Albright
`
`What types of patent cases does the
`judge decide?
`
`Judge Alan D. Albright
`
`Top Patentees
`
`Top Patent Challengers
`
`Top Patent Classifications
`
`WSOU Investments LLC d/b/a Brazos Licensing and Develo
`278
`
`HP Inc. f/k/a Hewlett-Packard Company
`
`86
`
`Transmission Of Digital Information, E.g. Telegraphic Commu
`242
`
`GlobalFoundries US Inc.
`
`Dell Technologies Inc.
`
`Electric Digital Data Processing
`
`200
`
`184
`
`Neodron Ltd.
`
`Bell Semiconductor, LLC
`76
`
`Data Scape Limited
`73
`
`Samsung Electronics America, Inc.
`
`Samsung Electronics Co., Ltd.
`
`Amazon.com, Inc.
`
`77
`
`73
`
`72
`
`66
`
`Data Processing Systems Or Methods, Specially Adapted Fo
`128
`
`213
`
`Wireless Communication Networks
`99
`
`Telephonic Communication
`68
`
`Hammond Development International, Inc.
`72
`
`NXP USA, Inc. f/k/a NXP Semiconductors USA, Inc.
`61
`
`Pictorial Communication, E.g. Television
`61
`
`American Patents LLC
`71
`
`Slingshot Printing LLC
`63
`
`L&L Candle Company LLC
`60
`
`Sotera Tschetter, Inc.
`60
`
`Dell Inc.
`
`MediaTek Inc.
`
`MediaTek USA Inc.
`
`EMC Corporation
`
`56
`
`56
`
`56
`
`53
`
`Semiconductor Devices : Electric Solid State Devices Not O
`52
`
`Transmission
`47
`
`Pulse Technique
`32
`
`Coin-Freed Or Like Apparatus
`29
`
`Number of Accusations
`
`Number of Accusations
`
`Number of Cases
`
`This chart displays the top parties asserting patent
`infringement claims (or who have defended against
`claims of patent invalidity, unenforceability or
`unpatentability) in cases assigned to the selected judge,
`ranked by number of Patent Accusations.
`
`This chart displays the top parties accused of patent
`infringement (or who have asserted claims of patent
`invalidity, unenforceability or unpatentability) in cases
`assigned to the selected judge, ranked by number of
`Patent Accusations.
`
`This chart shows the top Classifications for patents in
`cases assigned to the selected judge ranked by number
`of cases.
`
`https://search.docketnavigator.com/patent/judge/16961/0?print=true
`
`2/6
`
`DISH Ex-1023, p. 2
`DISH v. BBiTV
`IPR2020-01267
`
`AT&T EXHIBIT 1023
`
`

`

`7/8/2020
`
`Judge Alan D. Albright
`
`Judge Alan D. Albright
`
`How quickly does the judge process cases?
`
`Time to Milestones
`
`Claim Construction
`
`Patentee Decisions
`
`Patentee MSJ
`
`Infringement
`
`Patent not invalid
`
`Patent enforceable
`
`Patent Challenger Decisions
`
`Patent Challenger MSJ
`
`Noninfringement
`
`Patent invalid
`
`Remedies
`
`Damages
`
`Injct/Ongoing Royalty
`
`Enhncd Dam/Atty Fees
`
`Sanctions
`
`Trials
`
`Bench Trial
`
`Transfers & Stays
`
`Transfer
`
`Stay
`
`Termination
`
`Likely Settlement
`
`Mature Termination
`
`1yr
`
`2yr
`
`3yr
`
`4yr
`
`This chart shows the average and median times to reach key litigation Milestones in Patent Cases assigned to the selected judge. Each colored horizontal line (called a “box
`plot”) shows the time between the filing of the complaint and the named milestone. The left and right ends of the box labeled 50% are respectively the first- and third-quartiles.
`The lighter line shows events between the 2nd and 98th percentile. The remaining points are outliers, represent at most 4% of the data, and are not shown. However, the true
`minimum and maximum are included in the accompanying table and the mean includes outliers. Fewer than ten events occurring in a category are shown as dots instead of a box
`plot.
`
`https://search.docketnavigator.com/patent/judge/16961/0?print=true
`
`3/6
`
`DISH Ex-1023, p. 3
`DISH v. BBiTV
`IPR2020-01267
`
`AT&T EXHIBIT 1023
`
`

`

`7/8/2020
`
`Judge Alan D. Albright
`
`Judge Alan D. Albright
`
`How quickly does the judge decide motions?
`
`Motion Pendency
`
`Claim Construction Order (Markman)
`
`Motion to Transfer Venue for Convenience (28 USC § 1404(a))
`
`Motion to Stay Pending Inter Partes Review
`
`Motion to Dismiss - Failure to State a Claim (FRCP 12(b)(6))
`
`Motion to Transfer for Improper Venue (28 USC § 1406(a))
`
`1m
`
`2m
`
`3m
`
`4m
`
`5m
`
`6m
`
`7m
`
`8m
`
`This chart shows how quickly the selected judge issues specific types of decisions. Each colored horizontal line (called a “box plot”) shows the average and median number of
`days between the filing of a motion and issuance of a decision on the motion. For claim construction (Markman) orders, the box plot shows the average and median number
`of days between a claim construction hearing and issuance of a claim construction order. The left and right ends of the box labeled 50% are respectively the first- and third-
`quartiles. The lighter line shows events between the 2nd and 98th percentile. The remaining points are outliers, represent at most 4% of the data, and are not shown. Fewer than
`ten motion rulings are shown as dots instead of a box plot.
`
`https://search.docketnavigator.com/patent/judge/16961/0?print=true
`
`4/6
`
`DISH Ex-1023, p. 4
`DISH v. BBiTV
`IPR2020-01267
`
`AT&T EXHIBIT 1023
`
`

`

`7/8/2020
`
`Judge Alan D. Albright
`
`How do the judge’s determinations
`compare with other judges?
`
`Judge Alan D. Albright
`
`Alan D. Albright Determinations
`
`WDTX Determinations
`
`Determinations in all District Courts
`
`FF/CL
`
`Verdict
`
`MSJ
`
`Other
`1
`
`1
`
`2
`
`2
`
`18
`
`4
`
`FF/CL
`
`1
`
`Verdict
`12
`
`MSJ
`2
`
`Other
`16
`
`7
`
`13
`
`3
`
`FF/CL
`303
`
`Verdict
`
`202
`
`399
`
`150 66 180
`
`11
`
`15
`
`9
`
`3
`
`5
`
`827
`
`891
`
`547
`
`247
`
`14
`
`57
`
`9
`
`15
`
`52
`
`MSJ
`516 380
`
`Other
`2241
`
`1080
`
`2305
`
`1118
`
`737
`
`3313
`
`1438
`
`2354
`
`Not unenforceable
`Infringed
`Not infringed
`Unenforceable
`
`Not invalid
`Invalid
`
`Not unenforceable
`Infringed
`Not infringed
`Unenforceable
`
`Not invalid
`Invalid
`
`Not unenforceable
`Infringed
`Not infringed
`Unenforceable
`
`Not invalid
`Invalid
`
`This chart shows Patent Determinations in cases
`assigned to the selected judge based on the stage of the
`proceeding at the time of the Patent Determination. Each
`colored line represents the Patent Determinations
`rendered in a specific type of proceeding. “FFCL” shows
`Patent Determinations made in FRCP 52 Findings of Fact
`and Conclusions of Law following bench trials. “Verdict”
`shows Patent Determinations made in jury verdicts.
`“MSJ” shows Patent Determinations made in Summary
`Judgment orders. “Other” includes Patent
`Determinations rendered in all other types of court
`documents. Blue shades represent Patent
`Determinations that favor Patentees. Red shades
`represent Patent Determinations that favor Patent
`Challengers.
`
`This chart shows Patent Determinations in cases filed in
`the selected judge’s home court or agency based on the
`stage of the proceeding at the time of the Patent
`Determination. Each colored line represents the Patent
`Determinations rendered in a specific type of
`proceeding. “FFCL” shows Patent Determinations made
`in FRCP 52 Findings of Fact and Conclusions of Law
`following bench trials. “Verdict” shows Patent
`Determinations made in jury verdicts. “MSJ” shows
`Patent Determinations made in Summary Judgment
`orders. “Other” includes Patent Determinations rendered
`in all other types of court documents. Blue shades
`represent Patent Determinations that favor Patentees.
`Red shades represent Patent Determinations that favor
`Patent Challengers.
`
`This chart shows Patent Determinations in cases filed in
`any United States District Court or the Court of Federal
`Claims based on the stage of the proceeding at the time
`of the Patent Determination. Each colored line represents
`the Patent Determinations rendered in a specific type of
`proceeding. “FFCL” shows Patent Determinations made
`in FRCP 52 Findings of Fact and Conclusions of Law
`following bench trials. “Verdict” shows Patent
`Determinations made in jury verdicts. “MSJ” shows
`Patent Determinations made in Summary Judgment
`orders. “Other” includes Patent Determinations rendered
`in all other types of court documents. Blue shades
`represent Patent Determinations that favor Patentees.
`Red shades represent Patent Determinations that favor
`Patent Challengers.
`
`Determinations that favor Patentees
`
`Determinations that favor Patentees
`
`Determinations that favor Patentees
`
`Determinations that favor Accused Infringers
`
`Determinations that favor Accused Infringers
`
`Determinations that favor Accused Infringers
`
`https://search.docketnavigator.com/patent/judge/16961/0?print=true
`
`5/6
`
`DISH Ex-1023, p. 5
`DISH v. BBiTV
`IPR2020-01267
`
`AT&T EXHIBIT 1023
`
`

`

`7/8/2020
`
`Judge Alan D. Albright
`
`Judge Alan D. Albright
`
`Does the court tend to find
`patents invalid?
`
`Does the court tend to find
`patents infringed?
`
`Patents With Invalidity
`Determinations for Alan D. Albright
`
`Patents With Invalidity
`Determinations in WDTX
`
`Patents With Infringement
`Determinations for Alan D. Albright
`
`Patents With Infringement
`Determinations in WDTX
`
`526
`
`Invalid
`0.76%
`
`All
`Asserted
`Patents
`99.24%
`
`All
`Asserted
`Patents
`97.14%
`
`1,608
`
`Invalid
`2.86%
`
`526
`
`Infringed
`0.38%
`
`All
`Asserted
`Patents
`99.62%
`
`All
`Asserted
`Patents
`98.51%
`
`1,608
`
`Infringed
`1.49%
`
`All Asserted Patents
`
`Invalid
`
`All Asserted Patents
`
`Invalid
`
`All Asserted Patents
`Infringed
`
`All Asserted Patents
`Infringed
`
`This chart shows the proportion of patents
`before this judge with Patent
`Determinations of invalidity. The number
`in the center represents the total number
`of patents in cases before this judge. The
`colored segments highlight the proportion
`of those patents for which any claims
`were found invalid by this judge.
`
`This chart shows the percentage of
`patents in cases filed in the selected court
`that have at least one Determination of
`invalidity.
`
`This chart shows the proportion of patents
`before this judge with Patent
`Determinations of infringement. The
`number in the center represents the total
`number of patents in cases before this
`judge. The colored segments highlight the
`proportion of those patents for which any
`claims were found infringed by this judge.
`
`This chart shows the percentage of
`patents in cases filed in the selected court
`that have at least one Determination of
`infringement.
`
`How do the judge’s outcomes compare
`with other judges?
`
`Alan D. Albright Outcomes
`
`WDTX Outcomes
`
`National Outcomes
`
`Patent Challenger
`Won
`59.09%
`
`Patentee Won
`9.09%
`
`Patent
`Challenger Won
`69.62%
`
`22
`
`158
`
`Patentee Won
`7.59%
`
`Patent
`Challenger
`Won
`54.19%
`
`18,475
`
`Non-Merits Dismissal
`31.82%
`
`Non-Merits
`Dismissal
`22.78%
`
`Patentee Won
`18.74%
`
`Non-Merits Dismissal
`27.07%
`
`Non-Merits Dismissal
`Patent Challenger Won
`Patentee Won
`Settled
`
`Non-Merits Dismissal
`Patent Challenger Won
`Patentee Won
`Settled
`
`Non-Merits Dismissal
`Patent Challenger Won
`Patentee Won
`Settled
`
`This chart shows Patent Accusations that have
`Outcomes in Patent Cases assigned to the selected
`judge. By default, the chart does not reflect Patent
`Accusations that were settled or voluntarily dismissed, or
`Patent Accusations that are still pending. See our Official
`Scope to view the current date range that our Outcomes
`data covers.
`
`This chart shows Patent Accusations that have
`Outcomes in Patent Cases in the selected judge's home
`court. By default, the chart does not reflect Patent
`Accusations that were settled or voluntarily dismissed, or
`Patent Accusations that are still pending. See our Official
`Scope to view the current date range that our Outcomes
`data covers.
`
`This chart shows Patent Accusations that have
`Outcomes in Patent Cases in any federal district court.
`By default, the chart does not reflect Patent Accusations
`that were settled or voluntarily dismissed, or Patent
`Accusations that are still pending. See our Official
`Scope to view the current date range that our Outcomes
`data covers.
`
`https://search.docketnavigator.com/patent/judge/16961/0?print=true
`
`6/6
`
`DISH Ex-1023, p. 6
`DISH v. BBiTV
`IPR2020-01267
`
`AT&T EXHIBIT 1023
`
`