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IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`BROADBAND iTV, INC.,
`
`Plaintiff,
`
`v.
`
`DISH NETWORK, L.L.C.,
`
`Defendant.
`
`
`
`
`
`
`
`NO. 6:19-cv-716-ADA
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`PLAINTIFF BROADBAND iTV, INC.’S PRELIMINARY INFRINGEMENT
`CONTENTIONS AND IDENTIFICATION OF PRIORITY DATES
`
`Plaintiff Broadband iTV, Inc. (“BBiTV”) serves its preliminary infringement contentions
`
`and identification of priority dates (“Disclosure”) subject to the governing Scheduling Order
`
`regarding infringement by Defendant DISH Network L.L.C. (“DISH”) of U.S. Patent Nos.
`
`10,028,026 (the “’026 Patent”), 10,506,269 (the “’269 Patent”), 9,998,791 (the “’791 Patent”),
`
`and 9,648,388 (the “’388 Patent”) (collectively, “the Asserted Patents”).
`
`BBiTV bases this Disclosure on its current knowledge, understanding, and belief as to the
`
`facts and information available as of the date of this Disclosure. BBiTV has not yet completed its
`
`investigation, collection of information, discovery, or analysis relating to this action, and
`
`additional discovery, including discovery from DISH and third parties, may lead BBiTV to
`
`amend, revise, and/or supplement this Disclosure. BBiTV specifically reserves the right to
`
`amend, revise and/or supplement this Disclosure and/or accompanying exhibits in accordance
`
`with any Orders of record in this matter, and Federal Rule of Civil Procedure 26(e), as additional
`
`documents and information become available and as discovery and investigation proceed.
`
`
`
`DISH Ex-1026, p. 1
`DISH v. BBiTV
`IPR2020-01267
`
`AT&T EXHIBIT 1026
`
`

`

`BBiTV reserves the right to supplement, modify or amend this Disclosure to include additional
`
`products or services made, used, sold, or offered for sale in or imported into the United States by
`
`DISH.
`
`This Disclosure is made without prejudice to any position BBiTV may take with respect
`
`to claim construction. BBiTV reserves its right to supplement this Disclosure and exhibits based
`
`on the Court’s claim construction. BBiTV further reserves the right to introduce and use such
`
`supplemental materials at trial.
`
`The information in this Disclosure is not an admission regarding the scope of any claims
`
`or the proper construction of those claims or any terms contained therein. The production of
`
`documents accompanying this Disclosure is not an admission that such documents are admissible
`
`and BBiTV does not waive any objections regarding admissibility. BBiTV reserves the right to
`
`supplement its production of documents accompanying this disclosure upon identification or
`
`receipt of additional documents, including documents from third parties.
`
`I.
`
`PRELIMINARY INFRINGEMENT CONTENTIONS
`
`BBiTV’s preliminary infringement contentions are attached hereto as Exhibits 1-4. At
`
`this stage, BBiTV provides charts for the following claims of the Asserted Patents:
`
`•
`
`•
`
`•
`
`•
`
`’026 Patent: claims 1-9, 11-16 (Exhibit 1)
`
`’269 Patent: claims 1-6, 8-12, 14-17 (Exhibit 2)
`
`’791 Patent: claims 1-3, 5-12, 14-18 (Exhibit 3)
`
`’388 Patent: claims 1-19 (Exhibit 4)
`
`II.
`
`IDENTIFICATION OF THE PRIORITY DATE FOR EACH CLAIM OF THE
`ASSERTED PATENTS
`
`
`
`BBiTV sets forth that the priority date for each asserted claim is at least as early as:
`
`•
`
`’026 Patent, claims 1-9: July 30, 2004
`
`-2-
`
`DISH Ex-1026, p. 2
`DISH v. BBiTV
`IPR2020-01267
`
`AT&T EXHIBIT 1026
`
`

`

`•
`
`•
`
`•
`
`•
`
`’026 Patent, claims 11-16: March 12, 2007
`
`’269 Patent, claims 1-6, 8-12, 14-17: March 12, 2007
`
`’791 Patent, claims 1-3, 5-12, 14-18: July 30, 2004
`
`’388 Patent, claims 1-19: July 30, 2004
`
`III. DOCUMENT PRODUCTION
`
`Accompanying this Disclosure, BBiTV produces, inter alia, copies of the file history for
`
`each Asserted Patent. The foregoing documents are included in the Bates range BBITV000001 -
`
`BBITV032925. In addition, source code pertinent to conception and reduction to practice is
`
`available for inspection by DISH per the terms of the Protective Order.
`
`-3-
`
`DISH Ex-1026, p. 3
`DISH v. BBiTV
`IPR2020-01267
`
`AT&T EXHIBIT 1026
`
`

`

`Dated: April 30, 2020
`
`
`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.
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on April 30, 2020, a copy of the foregoing was
`
`
`
`
`
`served via email to all counsel of record.
`
`By: /s/ Jeremiah A. Armstrong
`Jeremiah A. Armstrong
`
`-4-
`
`DISH Ex-1026, p. 4
`DISH v. BBiTV
`IPR2020-01267
`
`AT&T EXHIBIT 1026
`
`

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