`
`Case IPR 2015-01341
`Declaration of Frederick A. Lorig
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`THE BOEING COMPANY
`Petitioner,
`
`V.
`
`SEYMOUR LEVINE
`Patent Owner
`
`Case IPR2015-01341
`
`Patent RE039,618
`
`DECLARATION OF FREDERICK A. LORIG IN SUPPORT PRO HAC
`VICE ADMISSION UNDER 37 C.F.R. § 42.10
`
`06012-00001/7982377.1
`
`
`
`Case IPR 2015-01341
`Declaration of Frederick A. Lorig
`
`I, Frederick A. Lorig, declare as follows:
`
`1.
`
`I am a partner at the law firm Quinn Emanuel Urquhart & Sullivan
`
`LLP. I make this declaration in support of Patent Owner Seymour Levine’s
`
`Motion for Frederick A. Lorig to Appear Pro Hac Vice Under 37 C.F.R. § 42.10,
`
`filed in the above-captioned IPR No. 2015-01341.
`
`2.
`
`I have more than forty years of litigation experience and have litigated
`
`numerous patent cases in federal district courts and before the United States Court
`
`of Appeals for the Federal Circuit. Attached as Exhibit A is a true and correct
`
`copy of my professional biography as provided by Quinn Emanuel Urquhart &
`
`Sullivan EEP.
`
`3.
`
`I am a member of the Eos Angeles Intellectual Property Eaw
`
`Association (LAIPEA), Association of Business Trial Lawyers, and the American,
`
`Federal and California Bar Associations.
`
`4.
`
`I am counsel of record for Patent Owner Seymour Levine in the
`
`related district court litigation, Seymour Levine v. The Boeing Company, Case No.
`
`2:14-cv-1991-RSL (W.D. Wash.), concerning U.S. Patent No. RE39,618.
`
`Attached as Exhibit B is a true and correct copy of the docket from that
`
`proceeding, which shows that I have appeared as lead counsel in that lawsuit on
`
`behalf of Seymour Levine. I am very familiar with the ’618 Patent and the subject
`
`06012-00001/7982377.1
`
`-1-
`
`
`
`Case IPR 2015-01341
`Declaration of Frederick A. Lorig
`matter of the current inter partes review proceeding as a result of my position as
`
`Mr. Levine’s lead counsel in the related district court litigation.
`
`5.
`
`I was admitted to practice law in California on December 19, 1973.
`
`My bar number is 057645. I remain in good standing as a member of the
`
`California bar. Attached as Exhibit C is a true and correct copy of my bar status
`
`from the State Bar of California.
`
`6.
`
`I have been admitted to the practice in the following courts: U.S.
`
`Supreme Court; U.S. Court of Appeals, Federal Circuit; U.S. Court of Appeals,
`
`Ninth Circuit; USDC, Southern District of California; USDC, Northern District of
`
`California; USDC, Central District of California; U.S. Claims Court; and all
`
`California state courts.
`
`7.
`
`I have never been suspended or disbarred by any court or
`
`administrative body. Nor have I ever been disciplined by a court, bar association.
`
`or
`
`committee thereof that would reflect unfavorably upon my conduct, competency
`
`or fitness as a member of the Bar. No sanctions or contempt citations have been
`
`imposed upon me by any court or administrative body.
`
`8.
`
`I previously applied to appear pro hac vice before the Patent Trial and
`
`Appeal Board regarding the appeal associated with the ex parte reexamination of
`
`U.S. Patent No. 6,115,690, Control No. 90/010,987, Appeal 2014-007772. That
`
`06012-00001/7982377.1
`
`-2-
`
`
`
`Case IPR 2015-01341
`Declaration of Frederick A. Lorig
`application was denied for a failure to show good cause “[i]n view of the specifics
`
`of [that] ex parte reexamination proceeding.”
`
`9.
`
`I have read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
`
`I also understand that I am subject to the USPTO Rules of Professional Conduct
`
`set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37
`
`C.F.R. §§11.19(a).
`
`10.
`
`I understand that I would be admitted for the limited purpose of
`
`appearing in the case specified above only.
`
`I declare under penalty of perjury under the laws of the United States that
`
`the foregoing is true and correct.
`
`Executed July 19, 2016, at Los Angeles, California.
`
`06012-00001/7982377.1
`
`-3-
`
`
`
`Exhibit A
`Exhibit A
`
`
`
`uuinn emanuel trial lawyers
`lI|li|l1i1El|'l1EIllUEtl |Jl|Z|Ll|'lEl'l3- $|JI]i'|.|'EIli.|IIl
`
`Frederick A. Lorig
`
`Partner
`
`Los Angeles Office
`Tel : +1 213 443 3000
`Fax: +1 213 443 3100
`
`frederick|orig@guinnemanue|.com
`
`Biography
`
`Fred Lorig has acted as a lead trial lawyer before juries for over 30 years. Fred is a trial lawyer not
`
`merely a litigator. Fred has been listed in Best Lawyers in America, named a Southern California Super
`
`Lawyer and his trial victories have been featured in numerous publications including the National Law
`
`Journal, American Lawyer, the Wall Street Journal and the Los Angeles Times. Fred has specialized in
`
`litigation involving complex technology since 1976 when he defended his first trade secret case
`
`involving computer networks where he obtained an injunction and his first Patent case where he
`
`obtained a finding of inequitable conduct and an award of attorneys fees. Fred joined Quinn Emanuel
`
`in January 2006 as Co-Chair of our National Trial Practice and was recently named Co Chair of
`
`Intellectual Property Litigation.
`
`Fred has represented clients in both intellectual property and antitrust matters and obtained
`
`plaintiffs verdicts in excess of $ 2
`
`billion before trebling ,
`
`including $1.2 billion for patent
`
`infringement in Litton v. Honeywell, which was later settled for $440 million. Fred has been lead trial
`
`counsel in efforts to license a number of patent portfolios and has obtained licensing revenues of in
`
`excess of $1 billion. One patent portfolio, where Fred acted as lead trial counsel, included actions
`
`against 11 defendants involving patents on the smart battery management used in all notebook
`
`computers and obtained license fees for his client of approximately $250 million. Eight of these
`
`disputes were resolved by judgments in his client's favor, three by cross license with payments by
`
`each cross licensee in confidential amounts of 8 figures each. At the same time, Fred has been lead
`
`counsel in a similar effort to license Stanford's pioneering patent on optical fiber amplifiers which is
`
`
`
`exclusively licensed to Northrop Grumman .
`
`In addition to judgments against Corning, Nortel and
`
`Alcatel, Fred obtained licenses for his client on advantageous terms in a total amount exceeding $200
`
`million. Fred has also acted as lead defense lawyer in numerous cases for Fortune 100 companies
`
`resulting in either dismissals or settlements on favorable terms including the payment of attorneys
`
`fees to his client. Fred originally acted a lead counsel in our firm’s efforts to defend Nokia in a
`
`worldwide patent war against Qualcomm, Fred has recently tried 3 patent cases to verdict and is
`
`currently acting as lead trial counsel for lntertrust v Apple where lntertrust is seeking a license
`
`payment for Apple's alleged used of |ntertrust’s Digital Rights Management portfolio in Apple’s
`
`iPhones, iPads, iPods, App Store and iTunes store. lntertrust is seeking a payment from Apple at least
`
`proportionate to the $440 million license fee paid by Microsoft.
`
`Representative Clients
`
`0 Fred's clients include lntertrust, City University of New York, Stanford University, Northrop
`
`Grumman, IBM, Thomson, General Electric and Teledyne.
`
`Notable Representations
`
`- Represented Unova as lead trial counsel in a large patent litigation against Hewlett Packard
`
`("HP"). After HP obtained summaryjudgment, we appealed to the Federal Circuit who
`
`unanimously reversed and instead ordered summaryjudgment in favor of Unova. Thereafter, the
`
`case was settled for $23 million only days prior to trial, when HP asked for a mediator and paid for
`
`a license under the patents. HP thereby joined the following companies who licensed the patents
`
`after suit was filed: Toshiba (License); Compaq (Judgment); Dell (Judgment); IBM (Judgment);
`
`NEC (Judgment); Matsushita/Panasonic (Judgment); Fujitsu (Judgment); Acer (Judgment);
`
`Gateway (Judgment) and Apple (Judgment). Pursuant to those licenses, Unova has obtained
`
`almost a quarter billion dollars to date.
`
`Represented Northrop as lead trial counsel against Hewlett Packard in a patent infringement
`
`case which settled for a confidential sum only days before trial.
`
`Represented Allred Pool Supply as lead trial counsel against Pool Water Products and obtained a
`
`judgment of monopolization, trebled damages, attorneys fees and an injunction.
`
`Represented Litton as co lead trial counsel against Honeywell in a successful monopolization
`
`case. This is believed to be the largest non-class action antitrust verdict in California, over $700
`
`million after trebling.
`
`Represented Celeritas Technologies as lead trial counsel against Rockwell International Corp.,
`
`obtaining a judgment of $64 million for willful infringement and breach of non-disclosure
`
`agreement involving later patented technology on the wireless transmission of data over cellular
`
`
`
`systems.
`
`Represented Litton as lead trial counsel against Honeywell and received a verdict of $1.2 billion
`
`for willful patent infringement and interference with contract and prospective business
`
`advantage. At the time, the largest patent infringement verdict in U.S. history. Ultimately settled
`
`for $440 million after two retrials ordered by the Federal Circuit following erroneous JMOL and
`
`summaryjudgment.
`
`Represented Litton Systems as lead trial counsel against Ssangyong Corp. in a case involving the
`
`theft of the fire control radar for a military aircraft. Established that Section 44 of the Lanham Act
`
`creates a Federal Cause of Action for Trade Secret Misappropriation against a foreign
`
`corporation. A confidential financial settlement in 8 figures was reached, along with the
`
`abandonment of efforts to illegally export military technology to the Far East.
`
`Represented a university professor as lead trial counsel in a patent infringement case involving
`
`recombinant DNA technology resulting in a jury verdict of $50 million plus a 6% royalty.
`
`Represented an individual inventor as lead trial counsel in a patent case involving computer
`
`firmware, obtaining a $44 million award following a verdict of willful infringement. Represented
`
`the same inventor as lead trial lawyer in a an earlier case which settled on confidential terms
`
`while the jury was deliberating.
`
`Represented Teledyne Industries, Inc., establishing that the disclosure of an opinion on patent
`
`validity or infringement submitted in defense of a charge of willful infringement waived the
`
`entire subject matter of the privilege including trial counsel. Defended Teledyne in numerous
`
`cases including one resulting in a payment of attorneys fees to Teledyne because of the patentee’s
`
`inequitable conduct.
`
`Represented Litton as lead trial counsel against Allied in a complex patent, trade secret and RICO
`
`case that settled on the first day of trial resulted in the defendant withdrawing its products from
`
`the market while paying Litton a very substantial but confidential sum in 8 figures.
`
`Represented Litton as lead trial counsel against Honeywell, successfully defending their failed
`
`attempt to use their patent portfolio to drive its only competitor from the market place. Obtained
`
`license under all Honeywell patents on product line for a token payment of a few hundred
`
`thousand dollars.
`
`Practice Areas
`
`Antitrust and Competition
`
`Intellectual Property Litigation
`
`International Trade Commission Proceedings
`
`Israel Practice
`
`Satellite and Aerospace Litigation
`
`
`
`6/27/2016
`
`Print | Quinn Emanuel Urquhart & Sullivan, LLP
`
`0 Patent Litigation
`
`0 Trade Secret Litigation
`
`Education
`
`Harvard Law School
`
`(J.D., 1973)
`
`Harvard Voluntary Defenders
`
`University of California, Berkeley
`
`(B.A., with highest honors, Phi Beta Kappa, 1969)
`
`Admissions
`
`The State Bar of California; United States Court of Appeals: Federal Circuit, Ninth Circuit; United
`States Supreme Court; United States District Court: Southern District of California, Northern District
`of California, Central District of California; United States Claims Court
`
`Prior Associations
`
`Bright & Lorig, Los Angelesz
`
`Partner, 1988-2006
`
`Publications and Lectures
`
`-
`
`PLI Patent Litigation: Maximizing Patent Damages (with David Mayer)
`
`o Amicus Briefs in a number of Supreme Court Cases including Festo v. Shoketsu Kinzoku Kogyo
`
`Kabushiki (2000)
`
`- Warner-Jenkinson Company, Inc. v. Hilton Davis Chemical Co. (1996)
`
`- Markman v Westview Instruments (1995)
`
`http:/lwww.quinnemanuel.com/printbio/?pid=4016&|an=eng|ish
`
`4/4
`
`
`
`Exhibit (cid:37)
`
`Exhibit
`
`
`
`United States District Court for the Western District of Washington (Seattle)
`CIVIL DOCKET FOR CASE #: 2:14-cv-01991-RSL
`
`U.S. District Court
`
`CLOSED,PROTO,STAYED
`
`Levine V. The Boeing Company
`Assigned to: Judge Robert S. Lasnik
`Case in other court: Illinois Northern, 1:14-cv-07587
`Cause: 35: 145 Patent Infringement
`
`Date Filed: 12/29/2014
`Date Terminated: 01/05/2016
`Jury Demand: Both
`Naftlffi Of Slliti 830 Patent
`Jurisdiction: Federal Question
`
`Mm
`
`Seymour Levine
`an individual
`
`represented by Amar L. Thakur
`QUINN EMANUEL URQUHART &
`SULLIVAN (LA)
`865 S FIGUEROA ST, 10TH FLOOR
`LOS ANGELES, CA 90017
`213-443-3263
`
`Email: amarthakur@quinnemanue1.com
`LEAD ATTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`Frederick A. Lorig
`QUINN EMANUEL URQUHART &
`SULLIVAN (LA)
`865 S FIGUEROA ST, 10TH FLOOR
`LOS ANGELES, CA 90017
`213-443-3000
`
`Email: fredericklorig@quinnemanuel.com
`LEAD ATTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`Bruce R Zisser
`
`QUINN EMANUEL URQUHART &
`SULLIVAN (LA)
`865 S FIGUEROA ST, 10TH FLOOR
`LOS ANGELES, CA 90017
`213-443-3434
`
`Email: brucezisser@quinnemanuel.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`David Aaron Nelson
`
`Quinn Emanuel Unquhart Oliver & Hedges
`LLP
`
`500 West Madison, Suite 2450
`Chicago, IL 60661
`(312)704-7400
`Email: davenelson@quinnemanuel.com
`
`
`
`TERMINATED: 01/06/2015
`
`Jenny A Durkan
`QUINN EMANUEL URQUHART &
`SULLIVAN LLP
`
`600 UNIVERSITY STREET, SUITE 2800
`SEATTLE, WA 98101
`206-617-1031
`
`Email: jennydurkan@quinnemanue1.com
`ATTORNEY TO BE NOTICED
`
`V.
`
`Defendant
`
`The Boeing Company
`a Delaware Corporation
`
`represented by Edward G. Dane
`MUNGER TOLLES & OLSON (L.A.)
`355 SOUTH GRAND AVE
`35TH FLOOR
`
`LOS ANGELES, CA 90071-1560
`213-683-9100
`
`Email: Ted.Dane@mto.com
`LEAD ATTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`Peter E. Gratzinger
`MUNGER TOLLES & OLSON (L.A.)
`355 SOUTH GRAND AVE
`
`35TH FLOOR
`
`LOS ANGELES, CA 90071-1560
`213-683-9513
`
`Email: peter.gratzinger@mto.com
`LEAD ATTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`Rohit K. Singla
`MUNGER TOLLES & OLSON (SF)
`560 MISSION STREET
`
`27TH FLOOR
`
`SAN FRANCISCO, CA 94105-2907
`415-512-4032
`
`Email: rohit.sing1a@mto.com
`LEAD ATTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`Adam R. Lawton
`
`MUNGER TOLLES & OLSON (L.A.)
`355 SOUTH GRAND AVE
`
`35TH FLOOR
`
`LOS ANGELES, CA 90071-1560
`213-683-9100
`
`
`
`Fax: 213-687-3702
`
`Email: adam.lawton@mto.com
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`Jonathan R Buck
`
`PERKINS COIE (IL)
`131 S DEARBORN ST
`
`STE 1700
`
`CHICAGO, IL 60603
`312-324-8400
`
`Email: JBuck@perkinscoie.com
`ATTORNEY TO BE NOTICED
`
`Ryan McBrayer
`PERKINS COIE (SEA)
`1201 3RD AVE
`
`STE 4900
`
`SEATTLE, WA 98101-3099
`206-359-3073
`
`Email: RMcBrayer@perkinscoie.com
`ATTORNEY TO BE NOTICED
`
`Date Filed H Docket Text
`09/29/2014
`1 COMPLAINT for Patent Infringement filed by Seymour Levine; Jury Demand. Filing fee
`$ 400, receipt number 0752-9909043. (Attachments: # 1 Exhibit A - USRE039618E)
`(Nelson, David) [Transferred from ilnd on 1/5/2015.] (Entered: 09/29/2014)
`
`09/29/2014
`
`09/29/2014
`
`09/29/2014
`
`09/29/2014
`
`09/30/2014
`
`09/3 0/2014
`
`09/30/2014
`
`09/30/2014
`
`10/01/2014
`
`2 CIVIL Cover Sheet (Nelson, David) [Transferred from ilnd on 1/5/2015.] (Entered:
`09/29/2014)
`
`3 ATTORNEY Appearance for Plaintiff Seymour Levine by David Aaron Nelson (Nelson,
`David) [Transferred from ilnd on 1/5/2015.] (Entered: 09/29/2014)
`
`4 Notice of Claims Involving Patents by Seymour Levine (Nelson, David) [Transferred from
`ilnd on 1/5/2015.] (Entered: 09/29/2014)
`
`CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the
`Honorable Sheila M. Finnegan. (nsf, ) [Transferred from ilnd on 1/5/2015 .] (Entered:
`09/30/2014)
`
`SUMMONS Issued as to Defendant The Boeing Company (pg, ) [Transferred from ilnd on
`1/5/2015.] (Entered: 09/30/2014)
`
`5 MAILED patent report to Patent Trademark Office, Alexandria VA (mr, ) [Transferred
`from ilnd on 1/5/2015.] (Entered: 09/30/2014)
`
`MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-
`9913958. (Lorig, Frederick) [Transferred from ilnd on 1/5/2015.] (Entered: 09/30/2014)
`
`1 MOTION for Leave to Appear Pro Hac Vice Filing fee 33 50, receipt number 0752-
`9914033. (Zisser, Bruce) [Transferred from ilnd on 1/5/2015.] (Entered: 09/30/2014)
`
`MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-
`9916851. Motion for Leave to Appear Pro Hac Vice Amar Thakur (Thakur, Amar)
`
`
`
`10/01/2014
`
`1 [Transferred from ilnd on 1/5/2015.] (Entered: 10/01/2014)
`ORDER: The initial status conference in this matter is set for 11/25/2014 at 9:30 AM. The
`
`parties are directed to review the procedures and requirements for this conference on
`Judge Ellis‘ web site and to submit the required Initial Status Report by 11/18/2014.
`Motion by Frederick A. Lorig for leave to appear pro hac vice 6 is granted. Motion by
`Bruce R. Zisser for leave to appear pro hac Vice 1 is granted. Signed by the Honorable
`Sara L. Ellis on 10/1/2014. Mailed notice(mr, ) [Transferred from ilnd on 1/5/2015.]
`(Entered: 10/02/2014)
`
`10/02/2014
`
`10/03/2014
`
`10/06/2014
`
`10/15/2014
`
`1_0 ORDER: Motion by Amar L. Thakur for leave to appear pro hac vice 8 is granted. Signed
`by the Honorable Sara L. Ellis on 10/2/2014. Mailed notice(mr, ) [Transferred from ilnd
`on 1/5/2015.] (Entered: 10/03/2014)
`
`Q MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-
`9926807. (Singla, Rohit) [Transferred from ilnd on 1/5/2015.] (Entered: 10/03/2014)
`
`l_ ORDER: Motion by Rohit K. Singla for leave to appear pro hac vice Q is granted. Signed
`by the Honorable Sara L. Ellis on 10/6/2014. Mailed notice(mr, ) [Transferred from ilnd
`on 1/5/2015.] (Entered: 10/07/2014)
`
`13 SUMMONS Returned Executed by Seymour Levine as to The Boeing Company on
`10/8/2014, answer due 10/29/2014. (Nelson, David) [Transferred from ilnd on 1/5/2015.]
`(Entered: 10/15/2014)
`
`10/17/2014 E MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-
`9969297. (Lawton, Adam) [Transferred from ilnd on 1/5/2015.] (Entered: 10/17/2014)
`
`10/20/2014
`
`1
`
`ORDER: Motion by Adam R. Lawton for leave to appear pro hac vice on behalf of The
`Boeing Company fl is granted. Signed by the Honorable Sara L. Ellis on 10/20/2014.
`Mailed notice(mr, ) [Transferred from ilnd on 1/5/2015.] (Entered: 10/21/2014)
`
`10/24/2014
`
`Q MOTION for Leave to Appear Pro Hac Vice Filing fee 35 50, receipt number 0752-
`9992640. (Gratzinger, Peter) [Transferred from ilnd on 1/5/2015.] (Entered: 10/24/2014)
`
`10/28/2014
`
`1_7 ATTORNEY Appearance for Defendant The Boeing Company by Jonathan R Buck
`(Buck, Jonathan) [Transferred from ilnd on 1/5/2015.] (Entered: 10/28/2014)
`
`10/29/2014
`
`Q ANSWER to Complaint with Jury Demand by The Boeing Company(Lawton, Adam)
`[Transferred from ilnd on 1/5/2015.] (Entered: 10/29/2014)
`
`10/29/2014
`
`Q NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The Boeing Company
`(Lawton, Adam) [Transferred from ilnd on 1/5/2015.] (Entered: 10/29/2014)
`
`10/30/2014
`
`10/30/2014
`
`11/03/2014
`
`11/04/2014
`
`_0 MOTION by Defendant The Boeing Company for extension of time and Stipulation to
`Extend Iimefor Patent Disclosures (Unopposed) (Buck, Jonathan) [Transferred from ilnd
`on 1/5/2015.] (Entered: 10/30/2014)
`
`21 NOTICE of Motion by Jonathan R Buck for presentment of extension of time 2_0 before
`Honorable Sara L. Ellis on 11/5/2014 at 09:30 AM. (Buck, Jonathan) [Transferred from
`ilnd on 1/5/2015.] (Entered: 10/30/2014)
`
`22 ORDER: Motion by Peter E. Gratzinger for leave to appear pro hac vice E is granted.
`Signed by the Honorable Sara L. Ellis on 11/3/2014. Mailed notice(mr, ) [Transferred from
`ilnd on 1/5/2015.] (Entered: 11/04/2014)
`
`23 MINUTE entry before the Honorable Sara L. Ellis: Unopposed motion and stipulation to
`extend time for patent disclosures E is granted. Parties are granted a 30-day extension of
`time to comply with Rule 2.1 of the Local Patent Rules of the Northern District of Illinois.
`Status hearing of 11/25/14 to stand. No appearance required, 11/5/2014. Mailed notice (rj,
`
`
`
`11/11/2014
`
`11/11/2014
`
`11/18/2014
`
`1 ) [Transferred from ilnd on 1/5/2015.] (Entered: 11/04/2014)
`
`Q MOTION by Defendant The Boeing Company to transfer case to the Western District of
`Washington Pursuant to 28 US. C. ]404(a) (Attachments: # 1 Declaration of John B.
`Maggiore, # 2 Declaration of Rohit K. Singla, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, #
`6 Exhibit 4, # 1 Exhibit 5, # 8 Exhibit 6, # 2 Exhibit 7, # Q Exhibit 8, # H Exhibit 9, # Q
`Exhibit 10, # Q Exhibit 11, # fl Exhibit 12, # 1_5 Exhibit 13, # l_6 Exhibit 14, # 1_7 Exhibit
`15)(Lawton, Adam) [Transferred from ilnd on 1/5/2015.] (Entered: 11/11/2014)
`
`2_5 NOTICE of Motion by Adam R. Lawton for presentment of motion to transfer case,, E
`before Honorable Sara L. Ellis on 11/18/2014 at 09:30 AM. (Lawton, Adam) [Transferred
`from ilnd on 1/5/2015.] (Entered: 11/11/2014)
`
`E MINUTE entry before the Honorable Sara L. Ellis: Motion hearing held on 11/18/2014
`regarding motion to transfer case,, E . Briefing schedule as to motion to transfer case,, g
`2 Plaintiffs response due by 12/9/2014. Defendant's reply due by 12/23/2014. Status
`hearing set for 3/3/2015 at 9:30 AM for ruling on motion to transfer venue. Status hearing
`set for 11/25/2014 is stricken. Mailed notice (rj, ) [Transferred from ilnd on 1/5/2015.]
`(Entered: 11/18/2014)
`
`11/ 19/2014
`
`2_7 Amended ANSWER to Complaint by The Boeing Company(LaWton, Adam) [Transferred
`from ilnd on 1/5/2015.] (Entered: 11/19/2014)
`
`11/26/2014
`
`11/26/2014
`
`12/03/2014
`
`12/04/2014
`
`12/08/2014
`
`12/09/2014
`
`Q MOTION by Plaintiff Seymour Levinefor Clarification and/or Reconsideration of
`Discovery Stay (Attachments: # 1 Exhibit to Motion, # 2 Declaration of Amar L. Thakur,
`# 3 Exhibit A to Declaration of Amar L. Thakur, # 4 Exhibit B to Declaration of Amar L.
`Thakur, # 5 Exhibit C to to Declaration of Amar L. Thakur, # 6 Exhibit D to Declaration of
`Amar L. Thakur, # 1 Exhibit E to Declaration of Amar L. Thakur)(Zisser, Bruce)
`[Transferred from ilnd on 1/5/2015.] (Entered: 11/26/2014)
`
`Q NOTICE of Motion by Bruce R Zisser for presentment of motion for miscellaneous relief,
`3 before Honorable Sara L. Ellis on 12/4/2014 at 01:30 PM. (Zisser, Bruce) [Transferred
`from ilnd on 1/5/2015.] (Entered: 11/26/2014)
`
`Q RESPONSE by The Boeing Companyin Opposition to MOTION by Plaintiff Seymour
`Levinefor Clarification and/or Reconsideration of Discovery Stay 3 (Attachments: # 1
`Declaration of Rohit K. Singla, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Lawton, Adam)
`[Transferred from ilnd on 1/5/2015.] (Entered: 12/03/2014)
`
`Q MINUTE entry before the Honorable Sara L. Ellis: Motion hearing held on 12/4/2014.
`Plaintiff Seymour Levine's motion for clarification and/or reconsideration of court's order
`re discovery 3 is denied for the reasons stated in open court. Next status date set for
`March 3, 2015 at 9:30 AM for ruling on motion to transfer venue. Mailed notice (rj, )
`[Transferred from ilnd on 1/5/2015.] (Entered: 12/08/2014)
`
`Q RESPONSE by Seymour Levine to MOTION by Defendant The Boeing Company to
`transfer case to the Western District of Washington Pursuant to 28 US. C. 1404(a) E
`Statement ofNon-Opposition (Zisser, Bruce) [Transferred from ilnd on 1/5/2015.]
`(Entered: 12/08/2014)
`
`Q ORDER ; Boeing's Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a) E is
`granted. It is hereby ordered that this action is transferred to the Western District of
`Washington. All pending dates and/or motions are terminated as moot. Signed by the
`Honorable Sara L. Ellis on 12/9/2014. Mailed notice. (ea, ) [Transferred from ilnd on
`1/5/2015.] (Entered: 12/11/2014)
`
`12/29/2014
`
`fl TRANSFERRED to the Washington Western District Court the electronic record. (sj, )
`[Transferred from ilnd on 1/5/2015.] (Entered: 12/29/2014)
`
`
`
`Case transferred in from District of Illinois Northern, Case Number 1:14-cv-07587;.
`(Entered: 01/05/2015)
`01/05/2015 I Judge Robert s. Lasnik added. (MKB) (Entered: 01/05/2015)
`01/05/2015
`E LETTER from Clerk to counsel re receipt of case from District of Northern Illinois and
`advising of WAWD case number and judge assignment. (MKB) (Entered: 01/05/2015)
`
`01/06/2015
`
`Per notification from Attorney David Aaron Nelson, he has been terminated. (LMK)
`(Entered: 01/06/2015)
`
`01/27/2015
`
`3_7 NOTICE of Appearance by attorney Jenny A Durkan on behalf of Plaintiff Seymour
`Levine. (Durkan, Jenny) (Entered: 01/27/2015)
`
`01/3 0/2015
`
`01/30/2015
`
`3 APPLICATION OF ATTORNEY Frederick A. Lorig FOR LEAVE TO APPEAR PRO
`HAC VICE for Plaintiff Seymour Levine (Fee Paid) Receipt No. 0981-3893015 (Durkan,
`Jenny) (Entered: 01/30/2015)
`
`ORDER re Q Application for Leave to Appear Pro Hac Vice. The Court ADMITS
`Attorney Frederick A. Lorig for Seymour Levine by William M. McCool. (NOTE TO
`COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the
`matter, including the trial thereof, in the event the applicant is unable to be present on any
`date scheduled by the court, pursuant to LCR 83.l(d)). O\Io document associated with this
`docket entry, text only.)(DS) (Entered: 01/30/2015)
`
`01/30/2015
`
`_ APPLICATION OF ATTORNEY Bruce R. Zisser FOR LEAVE TO APPEAR PRO HAC
`
`VICE for Plaintiff Seymour Levine (Fee Paid) Receipt No. 0981-3893177 (Lorig,
`Frederick) (Entered: 01/30/201 5)
`
`01/30/2015
`
`01/30/2015
`
`ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND
`EARLY SETTLEMENT Joint Status Report due by 3/ 13/2015, by Judge Robert S. Lasnik.
`(KERR) (Entered: 01/30/2015)
`
`ORDER re Q Application for Leave to Appear Pro Hac Vice. The Court ADMITS
`Attorney Bruce R. Zisser for Seymour Levine by William M. McCool. (NOTE TO
`COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the
`matter, including the trial thereof, in the event the applicant is unable to be present on any
`date scheduled by the court, pursuant to LCR 83.l(d)). (N0 document associated with this
`docket entry, text only.)(DS) (Entered: 01/3 0/2015)
`
`01/3 0/2015
`
`_ APPLICATION OF ATTORNEY Amar L. Thakur FOR LEAVE TO APPEAR PRO HAC
`
`VICE for Plaintiff Seymour Levine (Fee Paid) Receipt No. 0981-3893926 (Lorig,
`Frederick) (Entered: 01/30/2015)
`
`02/02/2015
`
`ORDER re Q Application for Leave to Appear Pro Hac Vice. The Court ADMITS
`Attorney Amar L. Thakur for Seymour Levine by William M. McCool. (NOTE TO
`COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the
`matter, including the trial thereof, in the event the applicant is unable to be present on any
`date scheduled by the court, pursuant to LCR 83.1(d))(No document associated with this
`docket entry, text only.)(DS) (Entered: 02/02/2015)
`
`02/04/2015
`
`45
`_ NOTICE of Appearance by attorney Ryan McBrayer on behalf of Defendant The Boeing
`Company. (McBrayer, Ryan) (Entered: 02/04/2015)
`
`02/04/2015
`
`fl CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by
`The Boeing Company (McBrayer, Ryan) (Entered: 02/04/2015)
`
`02/04/2015
`
`4_7 APPLICATION OF ATTORNEY Adam R. Lawton FOR LEAVE TO APPEAR PRO
`
`HAC VICE for Defendant The Boeing Company (Fee Paid) Receipt No. 0981-3899139
`
`
`
`1 (McBrayer, Ryan) (Entered: 02/04/2015)
`
`02/04/2015
`
`_8 APPLICATION OF ATTORNEY Edward G. Dane FOR LEAVE TO APPEAR PRO HAC
`
`02/04/2015
`
`02/04/2015
`
`02/05/2015
`
`02/05/2015
`
`02/05/2015
`
`02/05/2015
`
`VICE for Defendant The Boeing Company (Fee Paid) Receipt No. 0981-3899186
`(McBrayer, Ryan) (Entered: 02/04/2015)
`
`APPLICATION OF ATTORNEY Peter E. Gratzinger FOR LEAVE TO APPEAR PRO
`HAC VICE for Defendant The Boeing Company (Fee Paid) Receipt No. 0981-3899198
`(McBrayer, Ryan) (Entered: 02/04/2015)
`
`_ APPLICATION OF ATTORNEY Rohit K. Singla FOR LEAVE TO APPEAR PRO HAC
`VICE for Defendant The Boeing Company (Fee Paid) Receipt No. 0981-3899242
`(McBrayer, Ryan) (Entered: 02/04/2015)
`
`ORDER re fl Application for Leave to Appear Pro Hac Vice. The Court ADMITS
`Attorney Adam R. Lawton for The Boeing Company, by Clerk of Court, William M.
`McCool. (NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be
`prepared to handle the matter, including the trial thereof, in the event the applicant is
`unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d)). (N0
`document associated with this docket entry, text only.)(LMK) (Entered: 02/05/2015)
`
`ORDER re Q Application for Leave to Appear Pro Hac Vice. The Court ADMITS
`Attorney Edward G. Dane for The Boeing Company, by Clerk of Court, William M.
`McCool.(NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be
`prepared to handle the matter, including the trial thereof, in the event the applicant is
`unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d)). (N0
`document associated with this docket entry, text only.)(LMK) (Entered: 02/05/2015)
`
`ORDER re Q Application for Leave to Appear Pro Hac Vice. The Court ADMITS Peter
`E. Gratzinger for The Boeing Company, by Clerk of Court, William M. McCool.(NOTE
`TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the
`matter, including the trial thereof, in the event the applicant is unable to be present on any
`date scheduled by the court, pursuant to LCR 83.1(d)).(No document associated with this
`docket entry, text only.)(LMK) (Entered: 02/05/2015)
`
`ORDER re fl Application for Leave to Appear Pro Hac Vice. The Court ADMITS
`Attorney Rohit K. Singla for The Boeing Company by Clerk of Court, William M.
`McCool. (NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be
`prepared to handle the matter, including the trial thereof, in the event the applicant is
`unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d)). O\Io
`document associated with this docket entry, text only.)(LMK) (Entered: 02/05/2015)
`
`03/13/2015
`
`fl
`
`JOINT STATUS REPORT signed by all parties estimated Trial Days: 7 to 10. (Zisser,
`Bruce) (Entered: 03/13/2015)
`
`03/14/2015
`
`03/20/2015
`
`Q JOINT STATUS REPORT signed by all parties estimated Trial Days: 7-10. Filed by
`Plaintiff Seymour Levine. (Attachments: # 1 Federal Circuit E-Discovery Model Order)
`(Zisser, Bruce) (Entered: 03/14/2015)
`
`Q MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 7-
`10 days. Jury Trial is set for 10/3/2016 at 9:00 AM in Courtroom 15106 before Judge
`Robert S. Lasnik. Statement of asserted claims and preliminary infringement contentions
`due 4/3/2015, Statement of preliminary invalidity contentions due 5/3/2015, Joinder of
`Parties due by 5/18/2015, Amended Pleadings due by 5/18/2015, Opening claim
`construction briefs due 9/30/2015, Responsive claim construction briefs due 10/15/2015,
`Markman Hearing set for 11/ 10/2015 at 9:00 AM in Courtroom 15106 before Judge
`Robert S. Lasnik, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by
`
`
`
`6/15/2016, Dispositive motions due by 7/6/2016, Attorney settlement conference to be
`held by 6/22/2016, Motions in Limine due by 8/17/2016, Pretrial Order due by 9/3/2016,
`Trial briefs to be submitted by 9/28/2016, Proposed voir dire/jury instructions due by
`9/28/2016, by Judge Robert S. Lasnik. (KERR) (Entered: 03/20/2015)
`
`I4/16/2016,RebuttalExpertDisclosure/Reportsdueby5/16/2016,Discoverycompletedby
`I 05/05/2015)
`
`54 STIPULATION AND PROPOSED ORDER to Extend Time to Submit Potential Technical
`
`Advisors by parties (Attachments: # 1 Proposed Order)(McBrayer, Ryan) (Entered:
`
`05/05/2015
`
`05/18/2015
`
`05/26/2015
`
`06/04/2015
`
`06/10/2015
`
`06/ 10/2015
`
`06/12/2015
`
`5
`5_ ORDER granting parties‘ fl joint motion to extend time to identify potential technical
`advisors by Judge Robert S. Lasnik. (LMK) (Entered: 05/18/2015)
`
`6
`5_ NOTICE JOINT IDENTIFICATION OF POTENTIAL TECHNICAL AD VISORS ; filed by
`Defendant The Boeing Company. (Gratzinger, Peter) (Entered: 05/26/2015)
`
`fl MOTION to Stay Pending Inter Partes Review by Defendant The Boeing Company.
`(Attachments: # 1 Proposed Order, # 2 Declaration of Adam R. Lawton, # 3 Exhibit 1, # 4
`Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 1 Exhibit 5) Noting Date 6/19/2015, (Lawton,
`Adam) (Entered: 06/04/2015)
`
`STIPULATION for Protective Order by parties (Zisser, Bruce) (Entered: 06/10/2015)
`
`STIPULATION for Order Regarding the Discovery ofElectronically Stored Information
`by parties (Zisser, Bruce) (Entered: 06/10/2015)
`
`STIPULATED PROTECTIVE ORDER by Judge Robert S. Lasnik. (LMK) (Entered:
`06/ 1 2/20