PUBLIC VERSION
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`In re U.S. Patent No. 8,092,345
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`Filed:
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`November 13, 2009
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`Issued:
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`January 10, 2012
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`Inventors: Michael Ellis; Caron Ellis
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`Title:
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`Systems and Methods for a Portable Electronic Journal
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`Mail Stop PATENT BOARD, PTAB
`Patent Trial and Appeal Board
`U.S.P.T.O.
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`DECLARATION OF JULIE L. DAVIS
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`I, Julie L. Davis, make this declaration in connection with Petitioner’s Reply
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`to Patent Owner’s Response submitted by Petitioner for the inter parties review of
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`U.S. Patent No. 8,092,345 (“the 345 Patent”), IPR2015-00698. All statements
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`herein made of my own knowledge are true, and all statements herein made based
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`on information and belief are believed to be true. I am over age 21 and otherwise
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`competent to make this declaration. Although I am being compensated for my
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`time in preparing this declaration, the positions articulated herein are my own, and
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`UA-1014.001
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`I have no stake in the outcome of this proceeding or any related litigation or
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`administrative proceedings.
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`I.
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`Background and Experience
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`1.
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`I have been providing audit and financial consulting services to
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`attorneys and corporate clients for over thirty-seven years. The early part of my
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`career was devoted to directing and performing independent financial audits of
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`private and publicly held companies ranging from manufacturing entities to
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`financial institutions at Touche Ross & Co., which at the time was one of the Big 8
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`accounting firms. Drawing upon that background, I have spent the last twenty-
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`eight years consulting extensively with companies involved in business and
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`intellectual property disputes. Prior to starting my own firm, Davis & Hosfield
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`Consulting LLC, I served as the Partner-in-Charge of the National Intellectual
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`Property Practice at KPMG LLP and prior to that served as the Co-Managing
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`Partner of the Global Intellectual Asset Consulting Practice at Andersen LLP.
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`2.
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`I have worked on numerous intellectual property cases during my
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`career and have conducted complex studies of damages related thereto. These
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`studies have included evaluations of lost sales, lost profits, incremental profits,
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`manufacturing and marketing capacities, fixed and variable costs, product line
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`profitability, price erosion, reasonable royalties, unjust enrichment, and
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`prejudgment interest. I have testified in matters related to these studies.
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`2
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`UA-1014.002
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`3.
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`In addition to intellectual property disputes, I have assisted companies
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`in developing intellectual property strategies and managing their intellectual
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`property portfolios. I have also conducted studies related to those portfolios
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`including patent portfolio analyses, competitive assessments, licensing analyses,
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`cost studies, and benchmarking studies. In addition, I have co-authored a book,
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`Edison in the Boardroom, on the best practices used by leading companies in
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`managing their intellectual property.
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`4.
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`I graduated in 1978, summa cum laude, from Kansas State University
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`with a Bachelor of Science degree in Business Administration and Accounting. In
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`the same year, I earned the Gold Key in the State of Kansas for the highest score in
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`the state on the CPA exam. I am a licensed CPA in California, Illinois, Kansas,
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`Missouri, and Texas. I am a member of the American Institute of Certified Public
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`Accountants, American Bar Association, and Licensing Executives Society. My
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`curriculum vitae, which is attached as Exhibit 1, describes in more detail my
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`professional credentials including other publications and prior testimony
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`experience as required under Federal Rules of Civil Procedure Rule 26(a)(2)(B).
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`II.
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`Information Relied Upon
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`5.
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`My opinions are based upon information available to me as of the date
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`of this declaration. I, and professionals working under my direction, have relied
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`UA-1014.003
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`upon and examined documents listed in Exhibit 2, as well as publicly available
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`information.
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`6.
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`We also reviewed all filings and exhibits (including those filed or
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`served) in connection with IPR2015-00698.
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`7.
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`In addition, we reviewed the following deposition testimony:
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` Deposition of Chris Glode (VP of Digital at Under Armour, Inc.), dated July
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`17, 2015.
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` Deposition of Andrew Page (Global Controller at Under Armour, Inc.),
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`dated June 12, 2015.
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` Deposition of Scott Laing (Connected Fitness Director of Product at Under
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`Armour, Inc.), dated July 10, 2015.
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` Deposition of Robin Thurston (Chief Digital Office at Under Armour, Inc.
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`and MapMyFitness, Inc. co-founder), dated June 30, 2015.
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` Deposition of Sara Hester (Senior Manager, Digital Marketing at Under
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`Armour, Inc.), dated July 15, 2015.
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` Deposition of Christy Hedgpeth (former General Manager, Digital Sport at
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`Under Armour, Inc.), dated July 21, 2015.
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`8.
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`I also spoke with Brian Scheeler (Senior Manager, Connected Fitness,
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`FP&A at Under Armour, Inc.) and Robin Thurston (Chief Digital Office at Under
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`Armour, Inc. and MapMyFitness, Inc. co-founder) in forming the opinions herein.
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`UA-1014.004
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`9.
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`My opinions are based on my skills, knowledge, experience,
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`education, and training, as well as information gathered by and/or provided to me
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`as of the date of this declaration.
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`10.
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`I understand that I may be asked to testify regarding my opinions
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`contained herein as well as related matters, including those raised on cross
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`examination. I expect to further elaborate and expand on the content of my
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`declaration as necessary to make my testimony understandable to the Board. To the
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`extent helpful to explain, or to put in context, the subject matters discussed
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`throughout my declaration, I also expect to provide further general explanations of
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`the matters I discuss. In connection with any testimony, I may rely on materials
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`referenced in this declaration and in the attachments and demonstrative exhibits to
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`be prepared and identified before my testimony.
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`11.
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`I understand that other new information may become available prior
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`to the conclusion of these proceedings. Therefore, I will be prepared to supplement
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`my declaration in the event that any new facts that may become known to me prior
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`to the final written decision impact my opinions and bases therefor.
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`III. Overview of Assignment & Summary of Opinions
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`12.
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`I have been asked to review adidas’s Response submitted in these
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`proceedings and to respond to adidas’s allegations that MMF’s mobile applications
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`have been commercially successful. Based on the information available to me and
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`my expertise in economic and financial analysis in patent matters, I have
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`concluded that
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`13.
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`14.
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`IV. Overview of Under Armour & MapMyFitness
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`16.
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`Under Armour is a corporation with its principal place of business in
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`Baltimore, Maryland. Under Armour was founded in 1996 and is a “leading
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`developer, marketer and distributor of branded performance apparel, footwear and
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`accessories.”1 Under Armour entered the market as a company focused on
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`1 Exhibit 2008 at 29.
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`Page contains redacted information.
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`providing athletes, specifically football players, with a compression shirt that
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`wicked perspiration off the skin, regulated body temperature, and enhanced
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`performance.2 Under Armour expanded its business into the athletic footwear
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`market, as well as digital products with the launch of Armour39, “the first-of-its-
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`kind performance monitoring system for athletes.”3 Under Armour’s annual
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`revenues in 2014 were $3.1 billion, primarily consisting of apparel revenues of
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`$2.29 billion, footwear revenues of $431 million, and accessory revenues of $275.4
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`million. License and other revenues, which consists of revenues from trademark
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`licenses and revenues associated with MMF, among other things, were $86.4
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`million.4
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`2 “About,” Under Armour, http://www.uabiz.com/company/about.cfm, accessed
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`February 15, 2016; “History,” Under Armour,
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`http://www.uabiz.com/company/history.cfm, accessed February 15, 2016.
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`3 “History,” Under Armour, http://www.uabiz.com/company/history.cfm, accessed
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`February 15, 2016; “Product Innovation,” Under Armour,
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`http://www.uabiz.com/company/productInnovation.cfm, accessed February 15,
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`2016.
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`4 Under Armour, Inc. Form 10-K for the fiscal year ended December 31, 2014 at
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`25, 27.
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`17.
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`MapMyFitness, Inc. (“MMF”) is a subsidiary of Under Armour.
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`MMF is a Delaware corporation with its principal place of business in Austin,
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`Texas. MMF provides interactive fitness tools via mobile applications and websites
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`to its digital fitness community.5 MMF’s mobile applications are an open platform
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`available on “more than 400 fitness tracking devices, sensors and wearables.”6 The
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`company’s most popular brands include MapMyWalk, MapMyRide, and
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`MapMyRun.7
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`5 “About MapMyFitness,” MapMyFitness,
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`http://about.mapmyfitness.com/?_ga=1.23238712.369557750.1439827430,
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`accessed February 15, 2016.
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`6 Id.
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`7 Id.
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`8 Discussion with Brian Scheeler.
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`9 Deposition of Chris Glode, dated July 17, 2015, at 71-72.
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`Page contains redacted information.
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`UA-1014.008
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`V.
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`18.
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`Patent Owner asserts that “the MMF products embody or practice at
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`least Instituted Claims 1, 6, 7, 8, 9, 10, and 20 [of the 345 Patent].”10 Below, I
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`provide additional background about these products.
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`A. Background on the Relevant Products
`The MMF applications allow users to track and “[l]og over 600
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`19.
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`different types of workouts; record GPS-based activities to view detailed stats, log
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`on to the web to join Challenges, connect devices and view 24/7 activity data.”11
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`Included in the applications are features such as the Calorie Counter and Gear
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`Tracker, which are aimed at helping athletes succeed and avoid injury.12 MMF
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`gives users the capability of syncing their accounts with other health and nutrition
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`apps like MyFitnessPal and allows them to share their progress on the Activity
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`Feed and track friends.13 The MMF apps are available as free downloads
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`10 IPR2015-00698, Paper 20 at 29-48 (Nov. 19, 2015) (“the 345 Response”), Ex.
`2003 at ¶ 28.
`11 “MapMyFitness Workout Trainer,” Google Play Store,
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`https://play.google.com/store/apps/details?id=com.mapmyfitness.android2&hl=en.,
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`accessed February 15, 2016.
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`12 Id.
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`13 Id.
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`20.
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`There are also “Plus” versions of the MMF apps available for
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`download for $2.99 each which provide users with an advertisement-free
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`environment.16 In addition, MMF offers an “MVP Subscription” for $29.99
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`annually or $5.99 monthly,17 which is available as an in-app purchase to both free
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` “Map My Run+ – GPS
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`Running and Workout Tracking with Calorie Counting,” iTunes Apple Store,
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`https://itunes.apple.com/us/app/map-myrun+-gps-running-
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`workout/id306468004?mt=8, accessed February 15, 2016.
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`17 “Go MVP,” MapMyFitness, http://mvmapmyfitness.com/, accessed February 15,
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`2016.
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`Page contains redacted information.
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`UA-1014.010
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`and paid versions of the accused MMF applications.18 The additional features
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`available through the MVP Subscription are reflected below:19
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`18 “Map My Run – GPS Running and Workout Tracking with Calorie Counting,”
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`iTunes Apple Store, https://itunes.apple.com/us/app/map-my-run-gps-running-
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`workout/id291890420?mt=8, accessed February 15, 2016; “Map My Run+ – GPS
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`Running and Workout Tracking with Calorie Counting,” iTunes Apple Store,
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`https://itunes.apple.com/us/app/map-myrun+-gps-running-
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`workout/id306468004?mt=8, accessed February 15, 2016.
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`19 “Go MVP,” MapMyFitness, http://mvmapmyfitness.com/, accessed February 15,
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`2016.
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`Page contains redacted information.
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`UA-1014.011
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`B.
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`21.
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`24.
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`25.
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`registered users in 2014 was approximately 30 million.29
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` For example, the total number of MMF
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`29 Ex. 2005.
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`26.
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`27.
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`Page contains redacted information.
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`UA-1014.016
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`28.
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`Finally, I understand the MMF products have received “frequent
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`attention and praise from major media outlets and others in the technology industry
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`since its inception.”37
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`37 345 Response at 51.
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`Page contains redacted information.
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`C.
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`29.
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`30.
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`In my opinion, numerous factors other than the patented claims would
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`affect the number of users of the products. For example, several factors affecting
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`the selection of the MMF product include
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`Page contains redacted information.
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`UA-1014.018
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`VI.
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`Jurat
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`31.
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`I declare that all statements made herein of my own knowledge are
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`true and that all statements made on information and belief are believed to be true;
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`and further that these statements were made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 of Title 18 of the United States Code.
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`32.
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`I declare under penalty of peijury that the foregoing is true and
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`COITCCL
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`
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`Julie L. Davis
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`Executed on February 16, 2016
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`19
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`UA-1014.019
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`UA-1014.019
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`Tel: 312-506-1505
`Fax: 312-506-1510
`jdavis@dhllc.com
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`Davis & Hosfield Consulting LLC – Principal
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`KPMG LLP – Partner-in-Charge, National Intellectual Property Practice
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`Andersen – Co-Managing Partner, Global Intellectual Asset Consulting
`Practice
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`Andersen – Chicago office: Senior Manager in Specialty Consulting
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`Touche Ross & Co. – Kansas City office: Audit practice
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`Inducted into Kansas State University Accounting Hall of Fame
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`Certified Public Accountant (CPA) and licensed in California, Illinois,
`Kansas, Missouri, and Texas
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`Gold Key-State of Kansas CPA Examination
`(Highest score in state)
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`B.S. in Business Administration and Accounting
`Kansas State University
`Summa Cum Laude
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`Julie L. Davis, CPA
`20 North Wacker Drive – Suite 2150
`Chicago, Illinois 60606
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`Employment
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`June 2003 – Present
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`May 2002 – May 2003
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`September 1991 – May 2002
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`November 1987 – August 1991
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`July 1978 – November 1987
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`
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`Educational Background
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`September 2000
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`July 1980 and subsequent
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`May 1978
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`May 1978
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`Litigation Consulting Experience
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`Testified at trial (bench and jury) and through deposition as expert witness.
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`Conducted complex damages studies involving lost sales, lost profits, incremental profits, manufacturing and
`marketing capacity, fixed and variable costs, product line profitability, price erosion, reasonable royalty, unjust
`enrichment and prejudgment interest.
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`Cases have involved patent, trademark, trade dress, trade secret and copyright infringement, antitrust, false
`advertising, dealership termination, fraudulent conveyance, breach of contract, professional malpractice, and
`other types of business disputes.
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`Industries have included apparel, aerospace, automotive, biotechnology, carpet, chemicals, computer hardware
`and software, construction, consumer products, electronics, financial institutions, food, hospitality, industrial
`equipment, internet, medical products, military equipment, office equipment, pharmaceuticals, power tools, real
`estate, sporting goods, and transportation.
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`Other Financial Consulting Experience
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`Assisted global companies with development of intellectual property strategy.
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`Developed competitive assessment capabilities for major consumer products company using patent portfolio
`analyses.
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`UA-1014.020
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`Exhibit 1
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`Directed analyses of a Fortune 50 company’s portfolio of over 25,000 patents, including review of prosecution
`and maintenance fees, trends, and patent department processes.
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`Assisted with licensing analyses, including whether the company should license its intellectual property and at
`what rates.
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`Supervised review of royalty payments for compliance with license agreements.
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`Directed and performed independent financial audits of private and publicly held companies ranging from
`manufacturing enterprises to financial institutions.
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`Developed insurance claims for business interruption losses in such industries as retail, processing, hospitality,
`fine arts, and professional services.
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`Performed due diligence services for potential acquisitions in the cosmetics and automotive parts industries.
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`Assisted consumer products company with analysis of operations and purchasing practices to improve
`productivity and profitability.
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`Developed and implemented comprehensive turnaround plan for national wholesale grocer experiencing
`financial crisis.
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`Investigated numerous fraud and negligence claims related to failed savings and loans.
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`Membership in Trade Associations
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`American Institute of Certified Public Accountants
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`Illinois CPA Society – past Chairperson of statewide Litigation Services Committee
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`American Bar Association
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`Licensing Executives Society
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`Publications
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`Edison in the Boardroom: How Leading Companies Realize Value from Their Intellectual Assets – Julie L.
`Davis, Suzanne S. Harrison – Wiley/Andersen Intellectual Capital Series, June 2001. (Also translated into
`Chinese and Japanese.)
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`“Tapping Into Your Company’s Hidden Resources” – U.S. Industry Today, July 1999.
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`“An Update on Patent Damages – A Closer Look at Lost Profits and Reasonable Royalty Decisions from 1982
`through June 1998” – Licensing Law and Business Report, January-February 1999 (Vol. 21, No. 1).
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`“Emerging Trends in Patent Infringement Damage Awards 1982-June 1997” – Intellectual Property
`Infringement Damages, 1999, Chapter 14.
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`“Using Your IP to Increase Shareholder Value” – Managing Intellectual Property™, Patent Yearbook 1998.
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`“Emerging Trends in Patent Infringement Damage Awards” – Intellectual Property Infringement Damages,
`1998 Cumulative Supplement, Chapter1.4A.
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`“Reaching for the Sky and Beyond” – Managing Intellectual Property™, March 1997 (Issue 67). Provided
`summary of damages cases and related data only.
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`“Patent Infringement Damages Awards” – Licensing Law and Business Report, May-June, 1995
`(Vol. 17, No. 7).
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`“An Historical Look at Patent Infringement Damage Awards” – Intellectual Property Infringement Damages,
`1995 Cumulative Supplement, Chapter 1.4A.
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`2
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`UA-1014.021
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`Exhibit 1
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`Julie L. Davis
`Testimony Experience
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`Lawsuit
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`Court
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`Law Firm
`
`Type
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`Testimony
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`Eagle Harbor Holdings LLC, and
`MediusTech, LLC v. Ford Motor
`Company
`Case No. 3:11-cv-05503-BHS
`
`U.S. District Court for
`the Western District of
`Washington at Tacoma
`
`Wilmer Cutler
`Pickering Hale & Dorr
`LLP; Brooks Kushman
`P.C.
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`Patent
`infringement
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`Trial: 2015
`Dep: 2014
`Report(2): 2014, 2015
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`Finjan, Inc. v. Blue Coat Systems, Inc.
`Case No. 13-cv-03999-BLF-PSG
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`Sprint Communications Company L.P.
`v. Comcast Cable Communications,
`LLC and Comcast IP Phone, LLC
`Civil Action No. 1:12-cv-01013-RGA
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`U.S. District Court for
`the Northern District of
`California, San Jose
`Division
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`U.S. District Court for
`the District of Delaware
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`Good Technology Corporation and
`Good Technology Software, Inc. v.
`AirWatch, LLC
`Case No. 5:12-cv-05827-EJD
`
`U.S. District Court for
`the Northern District of
`California, San Jose
`Division
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`Mobile Telecommunications
`Technologies, LLC v. Apple Inc.
`Case No. 2:13-cv-258-JRG-RSP
`
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`Intelligent Verification Systems, LLC v.
`Microsoft Corporation and Majesco
`Entertainment Co.
`Civil Action No. 2:12-cv-00525-AWA-
`LRL
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`Market Track, LLC v. Efficient
`Collaborative Retail Marketing, LLC
`Case No. 14 C 4957
`
`U.S. District Court for
`the Eastern District of
`Texas, Marshall
`Division
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`U.S. District Court for
`the Eastern District of
`Virginia, Norfolk
`Division
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`U.S. District Court for
`the Northern District of
`Illinois, Eastern
`Division
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`Wilson Sonsini
`Goodrich & Rosati
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`Patent
`infringement
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`Dep: 2015
`Report: 2015
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`Davis Polk and
`Wardwell, LLP;
`Winston & Strawn
`LLP
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`Patent
`infringement
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`Trial: 2015
`Dep: 2014
`Report: 2014
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`Morrison & Foerster
`LLP
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`Patent
`infringement
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`Report: 2015
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`Weil, Gotshal &
`Manges LLP
`
`Patent
`infringement
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`Trial: 2014
`Dep: 2014
`Report: 2014
`Declaration: 2014
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`Fish & Richardson,
`P.C.; Kaleo Legal
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`Patent
`infringement
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`Dep: 2014
`Report: 2014
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`Latham & Watkins
`LLP
`
`Patent
`infringement
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`Declaration: 2014
`
`Adaptix, Inc. v. Apple Inc. and Cellco
`Partnership d/b/a Verizon Wireless
`Case No. 5:13-cv-01776-PSG
`
`U.S. District Court for
`the Northern District of
`California, San Jose
`Division
`
`Wilmer Cutler
`Pickering Hale and
`Dorr LLP
`
`
`Patent
`infringement
`
`Dep: 2014
`Report: 2014
`
`Adaptix, Inc. v. Apple Inc., AT&T Inc.,
`and AT&T Mobility LLC
`Case Nos. 5:13-cv-01777-PSG and
`5:13-cv-02023-PSG
`
`U.S. District Court for
`the Northern District of
`California, San Jose
`Division
`
`Wilmer Cutler
`Pickering Hale and
`Dorr LLP
`
`Patent
`infringement
`
`Dep: 2014
`Report: 2014
`
`Prism Technologies LLC v. AT&T
`Mobility LLC
`Civil Action No. 8:12-cv-122-LES-TDT
`
`U.S. District Court for
`the District of Nebraska
`
`Akin Gump Strauss
`Hauer & Feld, LLP
`
`Patent
`infringement
`
`Trial: 2014
`Dep: 2014
`Report: 2014
`
`Atlas IP, LLC v. St. Jude Medical, Inc.
`and St. Jude Medical S.C., Inc.
`Case No. 14-21006-CIV-Altonaga/
`O’Sullivan
`
`U.S. District Court for
`the Southern District of
`Florida, Miami Division
`
`Gibson Dunn &
`Crutcher LLP
`
`Patent
`infringement
`
`Dep: 2014
`Report: 2014
`
`France Telecom S.A. v. Marvell
`Semiconductor, Inc.
`Case No. 3:12-cv-4967-WHO
`
`U.S. District Court for
`the Northern District of
`California, San
`Francisco Division
`
`Quinn Emanuel
`Urquhart & Sullivan,
`LLP
`
`Patent
`infringement
`
`Trial: 2014
`Report: 2014
`
`underline indicates client
`
`3
`
`UA-1014.022
`
`Exhibit 1
`
`

`
`Julie L. Davis
`Testimony Experience
`
`
`Lawsuit
`
`Court
`
`Law Firm
`
`Type
`
`Testimony
`
`Server Technology, Inc. v. American
`Power Conversion Corporation
`Civil Action No. 3:06-CV-00698-LRH
`(VPC)
`
`U.S. District Court,
`District of Nevada
`
`Jenner & Block LLP
`
`Patent
`infringement
`
`Anesta AG, Aptalis Pharmatech, Inc.
`and Ivax International GmbH v. Mylan
`Pharmaceuticals Inc. and Mylan Inc.
`
`U.S. District Court for
`the District of Delaware
`
`Wiley Rein LLP;
`Wilson Sonsini
`Goodrich & Rosati
`
`Patent
`infringement
`
`Trial: 2014
`Dep: 2011
`Report(2): 2011
`Declaration: 2014
`
`Trial: 2014
`Dep: 2014
`Report: 2014
`
`
`Report: 2014
`
`Hemopet v. Hill’s Pet Nutrition, Inc.
`Case No. 8:12-cv-01908-JST-JPR
`
`Affinity Labs of Texas, LLC v. Ford
`Motor Company
`Case No. 1:12-cv-00580-RC
`
`U.S. Ethernet Innovations, LLC v.
`Marvell Semiconductor Inc., et al.
`Case No. 4:10-cv-03724 CW
`
`U.S. District Court
`Central District of
`California, Southern
`Division
`
`U.S. District Court for
`the Eastern District of
`Texas, Beaumont
`Division
`
`U.S. District Court for
`the Northern District of
`California, Oakland
`Division
`
`Kirkland & Ellis LLP
`
`Patent
`infringement
`
`Brooks Kushman P.C
`
`Patent
`infringement
`
`Dep: 2014
`Report: 2014
`
`Quinn Emanuel
`Urquhart & Sullivan,
`LLP
`
`Patent
`infringement
`
`Report: 2014
`
`IpLearn, LLC v. Blackboard Inc.
`Civil Action No. 1:11-cv-00876-RGA
`
`U.S. District Court for
`the District of Delaware
`
`Greenberg Traurig
`LLP
`
`Patent
`infringement
`
`Dep: 2013, 2014
`Report: 2013, 2014
`
`Formax, Inc. v. Alkar-Rapidpak-MP
`Equipment, Inc. and Tomahawk
`Manufacturing, Inc.
`Civil Action No. 1:11-cv-298-WCG
`
`U.S. District Court for
`the Eastern District of
`Wisconsin, Green Bay
`Division
`
`Jenner & Block LLP
`
`Patent
`infringement
`
`Dep: 2014
`Report: 2013
`
`Reynolds Consumer Products Inc. v.
`Handi-Foil Corporation
`Case No. 1:13-cv-214 LO/TRJ
`
`SanDisk Corporation v. Round Rock
`Research LLC
`Case No. 3:11-cv-05243-RS
`
`Intellectual Ventures I LLC and
`Intellectual Ventures II LLC v. Altera
`Corporation and Xilinx, Inc.
`Civil Action No. 10-1065-LPS
`
`U.S. District Court for
`the Eastern District of
`Virginia, Alexandria
`Division
`
`U.S. District Court for
`the Northern District of
`California, San
`Francisco Division
`
`Kirkland & Ellis LLP
`
`Trademark; trade
`dress; false
`advertising
`
`Trial: 2014
`Report: 2013
`
`Vinson & Elkins LLP
`
`Patent
`infringement
`
`Dep: 2014
`Report: 2014
`
`U.S. District Court for
`the District of Delaware
`
`Jones Day
`
`Patent
`infringement
`
`Deere & Company v. Duroc, LLC;
`Alamo Group Inc.; Bush Hog, Inc.; and
`Great Plains Manufacturing
`Incorporated
`Case No. 3:09-cv-00095
`
`U.S. District Court for
`the Southern District of
`Iowa, Davenport
`Division
`
`Apple Inc. v. Samsung Electronics Co.,
`Ltd., Samsung Electronics America,
`Inc., and Samsung Telecommunications
`America, LLC
`Case No. 11-cv-01846-LHK
`
`U.S. District Court for
`the Northern District of
`California, San Jose
`Division
`
`Jenner & Block LLC
`
`Patent
`infringement
`
`Morrison & Foerster
`LLP
`
`Patent
`infringement
`
`Dep: 2013
`Report: 2013
`Declaration: 2013
`
`Trial: 2013
`Dep: 2013
`Report: 2013
`
`Trial: 2013
`Dep: 2013
`Report(2): 2013
`Declaration: 2013
`
`underline indicates client
`
`4
`
`UA-1014.023
`
`Exhibit 1
`
`

`
`Julie L. Davis
`Testimony Experience
`
`
`Lawsuit
`
`Court
`
`Law Firm
`
`Type
`
`Testimony
`
`Impulse Technology Ltd. v. Microsoft
`Corporation; Electronic Arts, Inc.;
`Ubisoft Holdings, Inc.; and Konami
`Digital Entertainment, Inc.
`Civil Action No. 11-586-RGA-CJB
`
`Intellectual Ventures I LLC and
`Intellectual Ventures II LLC v. Altera
`Corporation and Xilinx, Inc.
`Civil Action No. 10-1065-LPS
`
`U.S. District Court for
`the District of Delaware
`
`Weil, Gotshal &
`Manges LLP;
`Morrison & Foerster
`LLP; Erise IP P.A.
`
`Patent
`infringement
`
`Dep: 2013
`Report(2): 2013
`
`U.S. District Court for
`the District of Delaware
`
`Morrison & Foerster
`LLP
`
`Patent
`infringement
`
`Dep: 2013
`Report: 2013
`
`Lexington Luminance LLC v. Feit
`Electric Company, Inc.
`Case No. 1:12-cv-11554-WGY
`
`U.S. District Court for
`the District of
`Massachusetts
`
`Latham & Watkins
`LLP
`
`Patent
`infringement
`
`Report: 2013
`
`Tessera, Inc. v. Sony Corporation
`Case No. 5:11-cv-04399-EJD (HRL)
`
`Tomita Technologies USA, LLC, and
`Tomita Technologies International, Inc.
`v. Nintendo Co., Ltd., and Nintendo of
`America, Inc.
`Case No. 1:11-cv-04256-JSR
`
`Dyson, Inc. v. Bissell Homecare, Inc.
`Case No. 10-cv-8126
`
`U.S. District Court for
`the Northern District of
`California, San Jose
`Division
`
`U.S. District Court for
`the Southern District of
`New York
`
`U.S. District Court for
`the Northern District of
`Illinois, Eastern
`Division
`
`Irell & Manella LLP
`
`Breach of
`contract
`
`Dep: 2013
`Report(2): 2013
`
`Kaye Scholer LLP
`
`Patent
`infringement
`
`Trial: 2013
`Dep: 2012
`Report: 2012
`Declaration: 2013
`
`Kirkland & Ellis LLP
`
`False advertising Dep: 2013
`Report(2): 2012
`
`
`Life Technologies Corporation, et al. v.
`Illumina, Inc., et al.
`Case No. 3:11-cv-00703-CAB-DHB
`
`U.S. District Court
`Southern District of
`California (San Diego)
`
`Paul, Weiss, Rifkind,
`Wharton & Garrison
`LLP
`
`Patent
`infringement
`
`AM General v. BAE Systems, Inc., et
`al.
`Case No. 71D07-0907-PL-00195
`
`State of Indiana, County
`of St. Joseph
`
`Wilmer Cutler
`Pickering Hale and
`Dorr LLP
`
`Trade secret
`misappropriation
`and breach of
`contract
`
`Dep: 2012
`Report: 2012
`Declaration: 2012
`
`Trial: 2012
`Report(4): 2012
`
`Kimberly-Clark Worldwide, Inc. v.
`First Quality Baby Products LLC, First
`Quality Products, Inc., First Quality
`Retail Services LLC, and First Quality
`Hygienic, Inc.
`Case No. 1:09-cv-01685-WWC
`
`U.S. District Court for
`the Middle District of
`Pennsylvania
`
`Banner & Witcoff,
`Ltd.
`
`Patent
`infringement
`
`Dep: 2012
`Report(3): 2012
`
`Coloplast A/S v. Generic Medical
`Devices, Inc.
`Case No. CV 10-227 BHS
`
`U.S. District Court for
`the Western District of
`Washington at Tacoma
`
`Faegre & Benson LLP
`
`Patent
`infringement
`
`Trial: 2012
`Dep: 2011
`Report: 2011
`Declaration(2): 2012
`
`MedImmune LLC v. Henry M. Jackson
`Foundation for the Advancement of
`Military Medicine, Inc. and Virion
`Systems, Inc., et al.
`Civil Action No. 351304-V
`
`U.S. Circuit Court for
`Montgomery County,
`Maryland
`
`McKool Smith, PC
`
`Breach of license
`agreement
`
`Dep: 2012
`
`underline indicates client
`
`5
`
`UA-1014.024
`
`Exhibit 1
`
`

`
`Julie L. Davis
`Testimony Experience
`
`
`Lawsuit
`
`Court
`
`Law Firm
`
`Type
`
`Testimony
`
`Realtime Data LLC d/b/a IXO v.
`Morgan Stanley, et al. (Credit Suisse
`Holdings (USA), Inc. and Credit Suisse
`Securities (USA) LLC)
`Case No. 6:09-cv-326
`
`U.S. District Court for
`the Southern District of
`New York
`
`Wilmer Cutler
`Pickering Hale and
`Dorr LLP
`
`Patent
`infringement
`
`Dep: 2012
`Report: 2012
`
`Mformation Technologies, Inc. v.
`Research In Motion, Ltd. and Research
`In Motion Corporation
`Case No. 5:08-cv-04990
`
`U.S. District Court for
`the Northern District of
`California, San Jose
`Division
`
`Kirkland & Ellis LLP
`
`Patent
`infringement
`
`Trial: 2012
`Dep: 2011
`Report(4): 2011, 2012
`Declaration(3): 2011,
`2012
`
`U.S. District Court for
`the District of
`Massachusetts
`
`Wilmer Cutler
`Pickering Hale and
`Dorr LLP
`
`Patent
`infringement
`
`Dep: 2011
`Report(2): 2011, 2012
`
`Abbott GmbH & Co., KG and Abbott
`Biotechnology, Ltd. v. Centocor Ortho
`Biotech, Inc. and Centocor Biologics
`LLC
`Civil Action No. 4:09-cv-11340-FDS
`
`Carefusion 303, Inc. v. B. Braun
`Medical, Inc.
`Case No. 8:11-CV-01264 PA (ANx)
`
`AVM Technologies LLC v. Intel
`Corporation
`Civil Action No. 10-610-RGA
`
`U.S. District Court for
`the Central District of
`California, Western
`Division
`
`U.S. District Court for
`the District of Delaware
`
`Greenberg Traurig
`LLP
`
`Patent
`infringement
`
`Dep: 2012
`Report: 2012
`
`Wilmer Cutler
`Pickering Hale and
`Dorr LLP
`
`Patent
`infringement
`
`Report: 2012
`
`King & Spalding LLP
`
`Patent
`infringement
`
`Report: 2012
`
`EON Corp. IP Holdings LLC v.
`T-Mobile USA, Inc., et al. (Nokia, Inc.)
`Civil Action No. 6:10-CV-00379-LED
`
`U.S. District Court for
`the Eastern District of
`Texas, Tyler Division
`
`Cook Incorporated v. Endologix, Inc.
`Case No. 1:09-cv-1248-TWP-DKL
`
`General Electric Company v. Mitsubishi
`Heavy Industries, Ltd. and Mitsubishi
`Power Systems Americas, Inc.
`Case No. 3:10-cv-00276-F
`
`Kruse Technology Partnership v.
`Daimler AG; Mercedes-Benz USA
`LLC; Detroit Diesel Corporation;
`Western Star Truck Sales, Inc.;
`Volkswagen AG; Volkswagen Group of
`America, Inc., d/b/a Audi Of America,
`Inc.; Chrysler Group LLC; Daimler
`Trucks North America LLC; Mercedes-
`Benz U.S. International, Inc.; and
`Daimler Vans Manufacturing LLC
`Civil Action No. SACV 10-1066 JVS
`(RNBx)
`
`Eolas Technologies, Inc., et al. v.
`Adobe Systems, Inc., et al. (Staples,
`Inc.)
`Case No. 6:09-cv-00446-LED
`
`U.S. District Court for
`the Southern District of
`Indiana
`
`U.S. District Court for
`the Northern District of
`Texas, Dallas Division
`
`U.S. District Court for
`the Central District of
`California, Southern
`Division (Santa Ana)
`
`Brinks Hofer Gilson &
`Lione
`
`Patent
`infringement
`
`Dep: 2012
`Report(2): 2011, 2012
`
`Weil, Gotshal &
`Manges LLP; Paul,
`Weiss, Rifkind,
`Wharton & Garrison
`LLP
`
`Patent
`infringement
`
`Trial: 2012
`Dep: 2011
`Report: 2011
`
`Shearman & Sterling,
`LLP
`
`Patent
`infringement
`
`Report: 2012
`Declaration: 2011
`
`U.S. District Court for
`the Eastern District of
`Texas, Tyler Division
`
`Wilmer Cutler
`Pickering Hale and
`Dorr LLP
`
`Patent
`infringement
`
`Dep: 2012
`Report(2): 2011, 2012
`
`underline indicates client
`
`6
`
`UA-1014.025
`
`Exhibit 1
`
`

`
`Julie L. Davis
`Testimony Experience
`
`
`Lawsuit
`
`Court
`
`Law Firm
`
`Type
`
`Testimony
`
`Broadcom Corporation v. Emulex
`Corporation
`Case No. SACV-09-01058-JVS (ANx)
`consolidated SACV 10-03963-JVS
`(ANx)
`
`U.S. District Court for
`the Central District of
`California, Southern
`Division
`
`Mitsubishi Heavy Industries, Ltd. v.
`General Electric Company
`Civil Action No: 6:10-cv-00812-JA-
`GJK
`
`U.S. District Court for
`the Middle District of
`Florida, Orlando
`Division
`
`Wilmer Cutler
`Pickering Hale and
`Dorr LLP
`
`Patent
`infringement
`
`Dep(2): 2011, 2012
`Declaration: 2012
`Trial: 2011
`Report(2): 2011
`
`Weil, Gotshal &
`Manges LLP
`
`P