Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 1 of 23 PageID #: 7576
`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 1 of 23 PageID #: 7576
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`EXHIBIT 1
`EXHIBIT 1
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`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 1 of 23 PageID #: 7576
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`EXHIBIT 1
`EXHIBIT 1
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`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 2 of 23 PageID #: 7577
`
`Uniloc USA, Inc., et al.
`v.
`Big Fish Games, Inc.,
`2:16-cv-00741-RWS (lead)
`2:16-cv-00858-RWS
`
`January 28, 2020, Arguments Regarding
`Plaintiffs’ Motion for Discovery
`
`Aaron S. Jacobs, for Plaintiffs
`
`© 2019 Prince Lobel Tye LLP
`
`
`
`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 3 of 23 PageID #: 7578
`
`Case History
`
` Aug. 2, 2016:
` Nov. 14, 2016:
` Aug. 16, 2017:
` Sept. 18, 2017:
` Sept. 28, 2017:
` May 24, 2019:
`
`Case filed.
`Big Fish moves to dismiss.
`Court issues claim construction.
`Discovery closes.
`Court grants motion to dismiss.
`Federal Circuit reverses.
`
`© 2019 Prince Lobel Tye LLP
`
`2
`
`
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`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 4 of 23 PageID #: 7579
`
`Uniloc’s Proposal
`
` Discovery is reopened for 90 days.
` The parties supplement their Patent L.R. 3-2 and 3-4
`disclosures within 30 days.
` The parties supplement their interrogatory responses within
`30 days.
` Supplemental depositions may be taken of prior witnesses, up
`to 3 hours per witness.
` New witnesses, and deponents designated pursuant to Rule
`30(b)(6), subject to the usual time limits.
` Expert reports may be amended or supplemented 21 days
`after the close of discovery.
` Rebuttal reports are due 21 days after that.
`
`© 2019 Prince Lobel Tye LLP
`
`3
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`
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`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 5 of 23 PageID #: 7580
`
`Changed Circumstances
`
` Big Fish acquired by Aristocrat for $990,000,000.
` Patents in suit assigned to Uniloc 2017.
` ‘578 patent found drawn to eligible subject matter.
` ‘293 patent found drawn to eligible subject matter.
` ‘466 patent affirmed not eligible.
` ‘578 patent expired.
` Accused systems have presumably changed.
` More infringement.
`
`© 2019 Prince Lobel Tye LLP
`
`4
`
`
`
`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 6 of 23 PageID #: 7581
`
`Uniloc’s Proposal
`
` Discovery is reopened for 90 days.
` The parties supplement their Patent L.R. 3-2 and 3-4
`disclosures within 30 days.
` The parties supplement their interrogatory responses within
`30 days.
` Supplemental depositions may be taken of prior witnesses, up
`to 3 hours per witness.
` New witnesses, and deponents designated pursuant to Rule
`30(b)(6), subject to the usual time limits.
` Expert reports may be amended or supplemented 21 days
`after the close of discovery.
` Rebuttal reports are due 21 days after that.
`
`© 2019 Prince Lobel Tye LLP
`
`5
`
`
`
`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 7 of 23 PageID #: 7582
`
`Big Fish’s Intransigence
`
`Deadline for substantial completion.
` May 18, 2017:
`– Big Fish produced just 3,193 pages (135 total documents)
` May 25, 2017:
`Big Fish’s production up to 4,581.
` July 17, 2017:
`Big Fish produces source code.
` July 25, 2017:
`Letter demanding production.
` Aug. 10, 2017:
`Depo. of Big Fish’s Kurniawan.
` Aug. 11, 2017:
`Big Fish’s production up to 7,206.
` Sept. 12, 2017:
`Big Fish’s production up to 20,496.
` Sept. 13, 2017:
`Depo. of 2 Big Fish witnesses (Wed.).
` Sept. 14, 2017:
`Depo. of 1 Big Fish witness (Thurs.).
` Sept. 15, 2017:
`Depo. of 1 Big Fish witness (Fri.).
` Sept. 18, 2017:
`Discovery deadline (Mon.).
`
`© 2019 Prince Lobel Tye LLP
`
`6
`
`
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`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 8 of 23 PageID #: 7583
`
`Uniloc’s Proposal
`
` Discovery is reopened for 90 days.
` The parties supplement their Patent L.R. 3-2 and 3-4
`disclosures within 30 days.
` The parties supplement their interrogatory responses within
`30 days.
` Supplemental depositions may be taken of prior witnesses, up
`to 3 hours per witness.
` New witnesses, and deponents designated pursuant to Rule
`30(b)(6), subject to the usual time limits.
` Expert reports may be amended or supplemented 21 days
`after the close of discovery.
` Rebuttal reports are due 21 days after that.
`
`© 2019 Prince Lobel Tye LLP
`
`7
`
`
`
`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 9 of 23 PageID #: 7584
`
`Uniloc’s Proposal
`
` Discovery is reopened for 90 days.
` The parties supplement their Patent L.R. 3-2 and 3-4
`disclosures within 30 days.
` The parties supplement their interrogatory responses within
`30 days.
` Supplemental depositions may be taken of prior witnesses, up
`to 3 hours per witness.
` New witnesses, and deponents designated pursuant to Rule
`30(b)(6), subject to the usual time limits.
` Expert reports may be amended or supplemented 21 days
`after the close of discovery.
` Rebuttal reports are due 21 days after that.
`
`© 2019 Prince Lobel Tye LLP
`
`8
`
`
`
`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 10 of 23 PageID #: 7585
`
`Uniloc USA, Inc., et al.
`v.
`Big Fish Games, Inc.,
`2:16-cv-00741-RWS (lead)
`2:16-cv-00858-RWS
`
`January 28, 2020, Arguments Regarding
`Plaintiffs’ Motion for Discovery
`
`Aaron S. Jacobs, for Plaintiffs
`
`© 2019 Prince Lobel Tye LLP
`
`
`
`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 11 of 23 PageID #: 7586
`
`Uniloc USA, Inc., et al.
`v.
`Big Fish Games, Inc.,
`2:16-cv-00741-RWS (lead)
`2:16-cv-00858-RWS
`
`January 28, 2020, Arguments Regarding
`Defendant’s Motion to Strike
`
`Aaron S. Jacobs, for Plaintiffs
`
`© 2019 Prince Lobel Tye LLP
`
`
`
`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 12 of 23 PageID #: 7587
`
`Uniloc’s Supplemental Infringement Contentions
`
` Timely.
` Big Fish’s argument is that Uniloc was supposed to perform
`claim construction in its infringement contentions.
`
`© 2019 Prince Lobel Tye LLP
`
`11
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`
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`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 13 of 23 PageID #: 7588
`
`Uniloc’s Supplemental Infringement Contentions
`
`© 2019 Prince Lobel Tye LLP
`
`12
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`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 14 of 23 PageID #: 7589
`
`Uniloc’s Supplemental Infringement Contentions
`
`3-1(c):
`
`3-3(c):
`
`DN 335:
`
`© 2019 Prince Lobel Tye LLP
`
`13
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`
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`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 15 of 23 PageID #: 7590
`
`Uniloc’s Supplemental Infringement Contentions
`
`© 2019 Prince Lobel Tye LLP
`
`14
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`
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`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 16 of 23 PageID #: 7591
`
`Uniloc’s Final Infringement Contentions
`
` Extensively detailed, with evidence.
` Incorporated into expert report.
` Served four days after the deadline to amend after claim
`construction ruling.
`
`© 2019 Prince Lobel Tye LLP
`
`15
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`
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`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 17 of 23 PageID #: 7592
`
`Uniloc’s Final Infringement Contentions
`
` Aug. 2, 2016:
` Dec. 8, 2016:
`
`Case filed.
`Big Fish serves initial disclosures.
`
`© 2019 Prince Lobel Tye LLP
`
`16
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`
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`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 18 of 23 PageID #: 7593
`
`Uniloc’s Final Infringement Contentions
`
`Case filed.
` Aug. 2, 2016:
`Big Fish serves initial disclosures.
` Dec. 8, 2016:
`Deadline to produce source code.
` Jan. 30, 2017:
`Deadline for substantial completion.
` May 18, 2017:
`– Big Fish produced just 3,193 pages (135 total documents)
` May 25, 2017:
`Big Fish’s production up to 4,581.
` July 17, 2017:
`Big Fish produces source code.
` July 25, 2017:
`Letter demanding production.
`
`© 2019 Prince Lobel Tye LLP
`
`17
`
`
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`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 19 of 23 PageID #: 7594
`
`Uniloc’s Final Infringement Contentions
`
` June 30, 2017:
` Aug. 9, 2017:
` Aug. 10, 2017:
`
`Depo noticed for July 21, 2017.
`Big Fish revises initial disclosures.
`Big Fish offers Kurniawan for depo.
`
`© 2019 Prince Lobel Tye LLP
`
`18
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`
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`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 20 of 23 PageID #: 7595
`
`Uniloc’s Final Infringement Contentions
`
` Aug. 11, 2017:
` Aug. 16, 2017:
` Aug. 21, 2017:
` Sept. 12, 2017:
` Sept. 13, 2017:
` Sept. 14, 2017:
` Sept. 15, 2017:
` Sept. 18, 2017:
` Sept. 18, 2017:
` Sept. 22, 2017:
` Sept. 22, 2017:
`
`© 2019 Prince Lobel Tye LLP
`
`Big Fish’s production up to 7,206 pages.
`Claim construction ruling.
`Uniloc timely serves Supp. Infring. Cont.
`Big Fish’s production up to 20,496 pages.
`Two depos of newly disclosed individuals.
`One depo of newly disclosed individual.
`One depo of newly disclosed individual.
`Discovery closes.
`Deadline to amend on claim construction.
`Uniloc serves Final Infring. Cont.
`Uniloc serves expert reports.
`
`19
`
`
`
`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 21 of 23 PageID #: 7596
`
`Uniloc’s Final Infringement Contentions
`
` Aug. 11, 2017:
` Aug. 16, 2017:
` Aug. 21, 2017:
` Sept. 12, 2017:
` Sept. 13, 2017:
` Sept. 14, 2017:
` Sept. 15, 2017:
` Sept. 18, 2017:
` Sept. 18, 2017:
` Sept. 22, 2017:
` Sept. 22, 2017:
`
`© 2019 Prince Lobel Tye LLP
`
`Big Fish’s production up to 7,206 pages.
`Claim construction ruling.
`Uniloc timely serves Supp. Infring. Cont.
`Big Fish’s production up to 20,496 pages.
`Two depos of newly disclosed individuals.
`One depo of newly disclosed individual.
`One depo of newly disclosed individual.
`Discovery closes.
`Deadline to amend on claim construction.
`Uniloc serves Final Infring. Cont.
`Uniloc serves expert reports.
`
`20
`
`
`
`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 22 of 23 PageID #: 7597
`
`Uniloc’s Final Infringement Contentions
`
` Aug. 11, 2017:
` Aug. 16, 2017:
` Aug. 21, 2017:
` Sept. 12, 2017:
` Sept. 13, 2017:
` Sept. 14, 2017:
` Sept. 15, 2017:
` Sept. 18, 2017:
` Sept. 18, 2017:
` Sept. 22, 2017:
` Sept. 22, 2017:
`
`© 2019 Prince Lobel Tye LLP
`
`Big Fish’s production up to 7,206 pages.
`Claim construction ruling.
`Uniloc timely serves Supp. Infring. Cont.
`Big Fish’s production up to 20,496 pages.
`Two depos of newly disclosed individuals.
`One depo of newly disclosed individual.
`One depo of newly disclosed individual.
`Discovery closes.
`Deadline to amend on claim construction.
`Uniloc serves Final Infring. Cont.
`Uniloc serves expert reports.
`
`21
`
`
`
`Case 2:16-cv-00741-RWS Document 359-1 Filed 01/30/20 Page 23 of 23 PageID #: 7598
`
`Uniloc USA, Inc., et al.
`v.
`Big Fish Games, Inc.,
`2:16-cv-00741-RWS (lead)
`2:16-cv-00858-RWS
`
`January 28, 2020, Arguments Regarding
`Defendant’s Motion to Strike
`
`Aaron S. Jacobs, for Plaintiffs
`
`© 2019 Prince Lobel Tye LLP
`
`
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