`
`8/12/22, 12:17 PM
`
`California Central District
`
`Time to Milestones
`
`U.S. District Courts (4430 cases)
`
`Claim Construction
`
`Patentee Decisions
`
`Patentee MSJ
`
`Infringement
`
`Patent not invalid
`
`Patent enforceable
`
`Patent Challenger Decisions
`
`Patent Challenger MSJ
`
`Noninfringement
`
`Patent invalid
`
`Patent unenforceable
`
`Remedies
`
`Damages
`
`TRO/Prelim Injct
`
`Injct/Ongoing Royalty
`
`Enhncd Dam/Atty Fees
`
`Sanctions
`
`Trials
`
`Jury Trial
`
`Bench Trial
`
`Transfers & Stays
`
`Transfer
`
`Stay
`
`Appeal
`
`Termination
`
`Likely Settlement
`
`Mature Termination
`
`1yr
`
`2yr
`
`3yr
`
`4yr
`
`5yr
`
`6yr
`
`7yr
`
`8yr
`
`9yr
`
`10yr
`
`The milestones shown in this chart are based on Docket Navigator's classification of orders matching the search criteria specified to generate the report. Each 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/court/6/16?print=true
`
`1/2
`
`VIZIO, Inc. Exhibit 1028
`VIZIO, Inc. v. Maxell, LTD, IPR2022-01459
`Page 1 of 2
`
`
`
`8/12/22, 12:17 PM
`
`California Central District
`
`U.S. District Courts
`
`Claim Construction
`
`Patentee MSJ
`
`Infringement
`
`Patent not invalid
`
`California Central District
`
`Occurences
`
`Minimum
`
`2nd Percentile
`
`First Quartile
`
`Median
`
`Third Quartile
`
`98th Percentile
`
`Maximum
`
`Average
`
`399
`
`150
`
`201
`
`309
`
`0.1
`
`4.4
`
`1.0
`
`1.0
`
`6.0
`
`6.0
`
`1.6
`
`1.9
`
`11.2
`
`13.2
`
`5.5
`
`7.4
`
`13.5
`
`19.2
`
`12.8
`
`12.4
`
`19.1
`
`26.6
`
`20.8
`
`20.5
`
`50.0
`
`64.4
`
`78.6
`
`77.2
`
`90.4
`
`78.7
`
`84.3
`
`104.0
`
`104.0
`
`104.5
`
`16.8
`
`22.0
`
`17.5
`
`17.6
`
`17.6
`
`Patent enforceable
`
`Patent Challenger MSJ
`
`Noninfringement
`
`Patent invalid
`
`Patent unenforceable
`
`123
`
`286
`
`211
`
`269
`
`11
`
`96
`
`1.6
`
`3.7
`
`3.0
`
`2.1
`
`8.4
`
`0.9
`
`1.8
`
`7.4
`
`6.0
`
`3.5
`
`9.7
`
`1.2
`
`5.3
`
`13.3
`
`13.7
`
`11.4
`
`9.7
`
`6.2
`
`10.7
`
`18.5
`
`19.8
`
`21.6
`
`11.3
`
`14.3
`
`22.3
`
`26.0
`
`27.9
`
`24.8
`
`25.9
`
`29.4
`
`54.5
`
`73.0
`
`73.0
`
`56.9
`
`78.6
`
`84.3
`
`84.8
`
`104.5
`
`56.9
`
`81.6
`
`21.1
`
`24.1
`
`23.3
`
`18.7
`
`20.3
`
`Damages
`
`TRO/Prelim Injct
`
`Injct/Ongoing Royalty
`
`Enhncd Dam/Atty Fees
`
`Sanctions
`
`Jury Trial
`
`21
`
`306
`
`79
`
`58
`
`33
`
`0.4
`
`0.9
`
`3.3
`
`1.6
`
`12.8
`
`1.0
`
`1.6
`
`4.6
`
`4.0
`
`14.5
`
`1.9
`
`4.5
`
`10.7
`
`9.7
`
`17.6
`
`4.1
`
`8.7
`
`16.0
`
`15.1
`
`27.7
`
`24.6
`
`9.0
`
`15.1
`
`34.4
`
`23.5
`
`44.3
`
`33.7
`
`122.6
`
`50.2
`
`78.6
`
`70.7
`
`66.5
`
`63.3
`
`122.6
`
`104.0
`
`80.2
`
`103.7
`
`66.5
`
`63.3
`
`10.9
`
`12.6
`
`24.1
`
`19.5
`
`31.6
`
`26.0
`
`Bench Trial
`
`Transfer
`
`Stay
`
`Appeal
`
`Likely Settlement
`
`Mature Termination
`
`22
`
`130
`
`577
`
`276
`
`2748
`
`1475
`
`5.5
`
`0.2
`
`2.5
`
`0.2
`
`6.2
`
`0.7
`
`1.4
`
`3.9
`
`0.1
`
`1.5
`
`12.9
`
`3.2
`
`4.0
`
`10.8
`
`2.7
`
`6.1
`
`4.8
`
`8.3
`
`17.9
`
`4.7
`
`12.6
`
`6.3
`
`15.0
`
`28.2
`
`8.2
`
`21.0
`
`16.6
`
`46.2
`
`74.0
`
`21.8
`
`55.3
`
`41.2
`
`87.7
`
`85.0
`
`54.1
`
`142.6
`
`5.4
`
`11.6
`
`22.2
`
`6.2
`
`15.7
`
`https://search.docketnavigator.com/patent/court/6/16?print=true
`
`2/2
`
`VIZIO, Inc. Exhibit 1028
`VIZIO, Inc. v. Maxell, LTD, IPR2022-01459
`Page 2 of 2
`
`
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