`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Vignone, Maria on behalf of Trials
`Thursday, July 02, 2015 1:23 PM
`Rosato, Michael; Trials
`Brewer, Robin; Michael Aschenbrener; Sean Goodwin
`RE: CBM2014-00159
`
`Passcode 4566317
`
`Counsel: A conference call has been scheduled for 3:00 PM ET today. The dial‐in information is below:
`
`877-921-2059
`
`Thank you,
`
`Maria Vignone
`Paralegal Operations Manager
`Patent Trial and Appeal Board
`571‐272‐4645
`
`
`
`From: Rosato, Michael [mailto:mrosato@wsgr.com]
`Sent: Thursday, July 02, 2015 12:21 PM
`To: Trials
`Cc: Brewer, Robin; Michael Aschenbrener; Sean Goodwin
`Subject: CBM2014-00159
`
`Dear Trials,
`
`It has been brought to Petitioner’s attention that the Patent Owner (Think Computer/Aaron Greenspan) is improperly
`contacting our technical expert, Dr. Sadeh, in an apparent attempt to intimidate Dr. Sadeh into withdrawing his
`declaration testimony in the above cited case (see email below). As such, Petitioner requests a conference call with the
`Board today to discuss 1) the immediate discontinuation of this behavior by the Patent Owner; and 2) what appropriate
`sanctions are in order.
`
`Counsel for Petitioner is available today at the following times:
` 12:30‐1:30pm Eastern
` 3pm‐5pm Eastern
`
`
`Sincerely,
`
`Michael T Rosato (Counsel for Petitioner/Square)
`Wilson Sonsini Goodrich & Rosati
`[o] 206.883.2529 | [f] 206.883.2699
`mrosato@wsgr.com
`
`
`
`From: Aaron Greenspan <aarong@thinkcomputer.com>
`Date: Wednesday, July 1, 2015 at 11:29 PM
`To: Norman Sadeh <sadeh@cs.cmu.edu>
`
`1
`
`
`
`Cc: Michael Aschenbrener <mja@aschenbrenerlaw.com>
`Subject: Expert Witness Testimony Liability
`
`Dr. Sadeh,
`
` I
`
` am the inventor of U.S. Patent No. 8,396,808 (the "'808 Patent"), about which you recently testified in two related USPTO
`CBM proceedings on behalf of Square, Inc. and/or its law firm, Wilson Sonsini Goodrich & Rosati (WSGR). I am also the
`President & CEO of Think Computer Corporation ("Think"), the company to which the '808 Patent is assigned; Think is the
`plaintiff in Think Computer Corporation v. Square, Inc., Case No. 5:14‐cv‐01374‐PSG. For one of the related CBM proceedings,
`your deposition was taken on March 26, 2015. The transcript of that deposition (Exhibit 2019) and the associated errata
`document (Exhibit 2020) are both attached to this message.
`
`In your deposition testimony, you admitted that you wrote only "ten percent" of "your" July 17, 2014 declaration—upon
`which Square’s entire petition is based, and which was instrumental in convincing the Patent Trial and Appeal Board (PTAB) to
`institute proceedings against Think. Notably, your written testimony contains 111 pages of content excluding the cover page.
`You also stated, "Counsel attached most of the text, and so I think the majority of the text." When pressed further under oath,
`you were only able to identify a few scattered paragraphs, not even ten percent, that you actually could remember having
`written. In other words, the declaration was almost entirely ghostwritten by WSGR attorneys, and you signed your name to it,
`all while collecting $625.00 per hour for your supposed expertise. The term "supposed" is deliberately used here because you
`also could not properly define the basic term "ACH," despite claiming to be an expert on mobile payments. Nor could you
`substantiate the written legal conclusions in your declaration concerning the '808 Patent.
`
`The above situation poses a problem for me personally as an inventor, and for Think as a patent owner, but most of all, as I
`will explain below, it poses several problems for you. On a personal level, I find your behavior detestable and highly unethical.
`I have provided both written and deposition testimony of my own in the same case and in others previously—testimony that
`was always original and honest, unlike yours. I expect that Carnegie Mellon University and Dean Andrew W. Moore in
`particular would join me in finding your behavior to be ethically problematic, if not economically rewarding.
`
`Regardless of my opinion or the opinions of your academic colleagues, your ethical breach has already caused considerable
`harm to Think, and it is my belief that you violated the Federal Rules of Evidence as well as state and possibly federal law. At
`minimum, you are in violation of California Business and Professions Code § 17200, and there is also a serious question as to
`whether you committed perjury by signing your name—twice—to a document you did not actually write and that does not
`actually convey your original opinion, in violation of 18 U.S.C. § 1001. The Square and/or WSGR attorneys who assisted you
`with the aforementioned violations of law also likely committed legal malpractice themselves.
`
`Judiical precedent also supports the view that your actions are sanctionable. "In most cases, expert witnesses are not
`attorneys, and they may not apprehend the required components of a report set forth in Rule 26(a)(2)(B). The retaining
`attorney certainly may explain the rule’s requirements and coach the expert to be sure the report touches all the bases. That
`is a far cry, however, from abject ghostwriting, which is not allowed under any circumstances." Numatics, Inc. v. Balluff, Inc.
`and H.H. Barnum Company, Case No. 13‐11049 (E.D. Michigan December 16, 2014). "'[T]he sanction is mandatory unless there
`is a reasonable explanation of why Rule 26 was not complied with or the mistake was harmless.' Bessemer & Lake Erie R.R. Co.
`v. Seaway Marine Transport, 596 F.3d 357, 370 (6th Cir. 2010) (quoting Vance ex rel Hammons v. United States, 182 F.3d 920
`(6th Cir. 1999))." Id. The cited order from the Numatics case is one of dozens of court orders that makes essentially the same
`point: you cannot sign your name to a fabricated opinion written by attorneys.
`
`Accordingly, you have 48 hours to notify that PTAB that you completely withdraw "your" written testimony from USPTO PTAB
`proceedings CBM2014‐00159 and CBM2015‐00067. If you fail to do so, Think will not hesitate to commence legal action
`against you personally, Carnegie Mellon University, WSGR, and Square, Inc. at a date of its choosing to the maximum extent
`permitted by law. In addition, should you fail to do so, this message will be forwarded to Dean Moore and every computer
`science department head at Carnegie Mellon. Perhaps if you agree to refund your expert witness fees, Square will be kind
`enough not to pursue legal action against you of its own.
`
`Aaron
`
`
`2
`
`
`
`
`
`Aaron Greenspan
`President & CEO
`Think Computer Corporation
`
`telephone +1 415 670 9350
`fax +1 415 373 3959
`e-mail aarong@thinkcomputer.com
`web http://www.thinkcomputer.com
`
`
`
`This email and any attachments thereto may contain private, confidential, and privileged material for the sole
`use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by
`others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and
`permanently delete the original and any copies of this email and any attachments thereto.
`
`3