Case 1:17-cv-02097-RBJ Document 308-3 Filed 08/13/21 USDC Colorado Page 1 of 5
`Case 1:17-cv-02097-RBJ Document 308-3 Filed 08/13/21 USDC Colorado Pageiof5
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`EXHIBIT 2
`EXHIBIT 2
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`Case 1:17-cv-02097-RBJ Document 308-3 Filed 08/13/21 USDC Colorado Page 2 of 5
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLORADO
`REALTIME ADAPTIVE STREAMING, LLC
`CIVIL ACTION NO. 1:17-CV-02097
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`Plaintiff,
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`v.
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`SLING TV L.L.C., et al.
`PATENT CASE
`Defendants.
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`AFFIDAVIT IN SUPPORT OF
`DEFENDANTS’ MOTION TO FIND THIS CASE EXCEPTIONAL
`UNDER 35 U.S.C § 285 AND FOR FEE SHIFTING OF ATTORNEY’S FEES
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`I, Hugh Gottschalk, declare as follows:
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`1.
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`I am a partner of Wheeler Trigg O’Donnell LLP (“WTO”). Defendants Sling TV
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`L.L.C., Sling Media L.L.C., Dish Technologies L.L.C., and Dish Network L.L.C. (collectively
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`“Defendants”) retained WTO in mid-April 2021 as co-counsel in this patent infringement action
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`brought by Realtime Adaptive Streaming LLC (“Realtime”).
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`2.
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`I am submitting this declaration in support of Defendants’ Motion to Find This Case
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`Exceptional Under 35 U.S.C § 285 and for Fee Shifting of Attorney’s Fees. I have personal
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`knowledge of the facts contained in this declaration.
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`3.
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`As discussed in the concurrently-filed motion, Defendants only seek to recover fees
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`from after the Court lifted the stay on January 15, 2021.
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`4.
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`For the period of April 2021 through July 2021, WTO spent 163.3 hours defending
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`Defendants from Realtime’s allegations of patent infringement, and preparing to present
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`Defendants’ witnesses and evidence at trial regarding damages. This time amounts to $103,986.50
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`in attorney’s fees. Under its fee arrangement with Defendants in this case, WTO charged its usual
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`and customary fixed hourly rates.
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`5.
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`WTO has a standard practice of tracking attorney time charges associated with a
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`case in an electronic database. To compile the information submitted with this declaration, I
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`obtained a printout from that database of the final time charges and costs associated with this case.
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`1
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`Case 1:17-cv-02097-RBJ Document 308-3 Filed 08/13/21 USDC Colorado Page 3 of 5
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`This itemization of the services performed during this period is attached as Exhibit A to this
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`declaration.1
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`6.
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`The below table summarizes the billing rates charged by WTO:
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`Timekeeper
`Hugh Q. Gottschalk (Partner)
`CiCi Cheng (Associate)
`Sharon A. Gottesfeld (Paralegal)
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`Hourly Rate
`$685
`$445
`$220
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`7.
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`Through my practice and experience, I am familiar with the normal and customary
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`fees charged for legal services in the District of Colorado considering the time expended, the
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`amount in controversy, the complexity of the case, the experience, reputation, ability, and billing
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`rates of the attorneys and staff involved, and the expertise involved. I am also aware of the various
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`court opinions issued by the United States District Court for the District of Colorado and the United
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`States Court of Appeals for the Federal Circuit. I am knowledgeable of the fees and work required
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`to litigate a case such as this.
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`8.
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`In my opinion, the fees and rates described herein were reasonably and necessarily
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`incurred in defending this case. I believe that the total amount of fees were extremely reasonable
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`for a case of this nature considering all of the unique and time-consuming legal issues and briefing
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`that was required. The fees and rates are also appropriate for the skill level of the attorneys
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`involved, the complexity of the case, and the normal and customary fees and rates charged for
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`patent litigation in the District of Colorado. Further, I believe that WTO’s fees and rates were
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`justified given that Defendants were ultimately able to fully prevail in the case, leading to no
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`liability.
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`1 It is not my intention, nor the intention of Defendants, to waive the attorney-client privilege or
`protection provided by the work-product doctrine regarding any issue. As such, we have only
`redacted from the invoices information that we believe is protected and is not necessary for the
`Court to consider an award of attorney’s fees.
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`Case 1:17-cv-02097-RBJ Document 308-3 Filed 08/13/21 USDC Colorado Page 4 of 5
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`9.
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`Below is an explanation of the professional qualifications of the attorneys whose
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`services appear in Exhibit A:
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`10.
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`Hugh Gottschalk: I have taken more than 75 trials to verdict and over 20
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`arbitrations to award. I represent companies and individuals across diverse industries in complex
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`commercial, torts, and intellectual property lawsuits. I am a Fellow and past Colorado State Chair
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`of the American College of Trial Lawyers, and am ranked in Band 1 in Chambers USA. For three
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`straight years, Super Lawyers has ranked me in the Top 10 lawyers in Colorado. I have represented
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`clients in numerous disputes involving alleged breaches of contracts, fraud and misrepresentation,
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`securities, franchise matters, and intellectual property infringements. I have served as national or
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`regional trial counsel to several large and well-known companies in industries as diverse as oil and
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`gas, automotive, information technology, manufacturing, and consumer and professional services.
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`Chambers USA ranks me among the top commercial litigators in Colorado. I have also been
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`selected for inclusion in Benchmark Litigation, Best Lawyers, and The Legal 500 U.S. I graduated
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`from the University of Colorado Law School in 1979 and graduated from Northwestern University
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`in 1975 with a B.S. in Biochemistry.
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`11.
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`Chuan (Cici) Cheng: Ms. Cheng is an associate at WTO. She has handled cases
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`involving trade secrets, antitrust and unfair competition, shareholder derivative and securities class
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`actions, and other business issues. Previously, she was a law clerk to the Honorable R. Brooke
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`Jackson; Judicial Intern to Chief Justice Nancy E. Rice, Colorado Supreme Court; and Judicial
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`Intern to the Honorable Christine M. Arguello, U.S. District Court for the District of Colorado.
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`Ms. Cheng graduated from the University of Colorado Law School in 2012 where she was an
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`Associate Editor on the Colorado Law Review. Ms. Cheng graduated from the University of
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`Georgia in 2009 with a B.S. in Biochemistry & Molecular Biology and a B.A. in Political Science.
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`Case 1:17-cv-02097-RBJ Document 308-3 Filed 08/13/21 USDC Colorado Page 5 of 5
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`12.
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`Sharon A. Gottesfeld: Ms. Gottesfeld is a paralegal at WTO. She has more than
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`30 years of experierence assisting in complex litigation, including intellectual property disputes.
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`Ms. Gottesfeld and Mr. Gottschalk have worked together for more than 20 years.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Date: August 13, 2021
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`Respectfully submitted,
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`/s/ Hugh Q. Gottschalk
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` Hugh Q. Gottschalk
` Wheeler Trigg O’Donnell LLP
` 370 Seventeenth Street, Suite 4500
` Denver, CO 80202
` Telephone: 303.244.1800
` Facsimile: 303.244.1879
`Email: gottschalk@wtotrial.com
`Attorney for Defendants DISH Network
`L.L.C., Sling TV L.L.C., Sling Media
`L.L.C., and DISH Technologies L.L.C.
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