`
`11/24/2020
`
`Time to Milestones Search
`
`Time to Milestones
`
`U.S. District Courts (1537 cases)
`
`Claim Construction
`
`Patentee Decisions
`
`Patentee MSJ
`
`Infringement
`
`Patent not invalid
`
`Patent enforceable
`
`Patent Challenger Decisions
`
`Patent Challenger MSJ
`
`Noninfringement
`
`Patent invalid
`
`Patent unenforceable
`
`Remedies
`
`Damages
`
`TRO/Prelim Injct
`
`Injct/Ongoing Royalty
`
`Enhncd Dam/Atty Fees
`
`Sanctions
`
`Trials
`
`Jury Trial
`
`Bench Trial
`
`Transfers & Stays
`
`Transfer
`
`Stay
`
`Appeal
`
`Termination
`
`Likely Settlement
`
`Mature Termination
`
`1yr
`
`2yr
`
`3yr
`
`4yr
`
`5yr
`
`6yr
`
`The milestones shown in this chart are based on Docket Navigator's classification of orders matching the search criteria specified to generate the report. Each box plot shows the
`time between the filing of the complaint and the named milestone. The left and right ends of the box labeled 50% are respectively the first- and third-quartiles. The lighter line
`shows events between the 2nd and 98th percentile. The remaining points are outliers, represent at most 4% of the data, and are not shown, however, the true minimum and
`maximum are included in the accompanying table and the mean includes outliers. Fewer than ten events occurring in a category are shown as dots instead of a box plot.
`
`https://search.docketnavigator.com/patent/binder/0/0?print=true
`
`1/2
`
`Salesforce Ex. 1028 – Page 1
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`
`
`11/24/2020
`
`Time to Milestones Search
`
`U.S. District Courts
`
`Claim Construction
`
`Patentee MSJ
`
`Infringement
`
`Patent not invalid
`
`Time to Milestones Search
`
`Occurences
`
`Minimum
`
`2nd Percentile
`
`First Quartile
`
`Median
`
`Third Quartile
`
`98th Percentile
`
`Maximum
`
`Average
`
`133
`
`56
`
`292
`
`422
`
`3.2
`
`4.8
`
`1.1
`
`1.1
`
`3.9
`
`7.3
`
`1.6
`
`1.6
`
`9.6
`
`12.3
`
`4.8
`
`4.2
`
`14.8
`
`32.5
`
`8.1
`
`9.6
`
`22.3
`
`40.4
`
`31.9
`
`26.0
`
`44.3
`
`51.4
`
`65.1
`
`65.1
`
`65.1
`
`74.8
`
`55.0
`
`75.7
`
`75.7
`
`75.7
`
`17.5
`
`29.0
`
`18.2
`
`16.1
`
`13.6
`
`Patent enforceable
`
`Patent Challenger MSJ
`
`Noninfringement
`
`Patent invalid
`
`Patent unenforceable
`
`357
`
`179
`
`126
`
`153
`
`11
`
`33
`
`1.1
`
`4.8
`
`3.9
`
`3.9
`
`3.9
`
`6.5
`
`1.6
`
`6.1
`
`7.3
`
`6.1
`
`12.4
`
`8.1
`
`4.0
`
`12.5
`
`13.3
`
`10.5
`
`12.4
`
`14.6
`
`6.9
`
`19.4
`
`17.4
`
`13.4
`
`15.0
`
`29.4
`
`15.4
`
`35.9
`
`32.6
`
`25.9
`
`24.6
`
`35.8
`
`55.0
`
`75.7
`
`48.7
`
`44.5
`
`50.0
`
`71.6
`
`75.7
`
`56.2
`
`44.5
`
`50.0
`
`24.5
`
`23.5
`
`19.2
`
`18.7
`
`27.3
`
`Damages
`
`TRO/Prelim Injct
`
`Injct/Ongoing Royalty
`
`Enhncd Dam/Atty Fees
`
`Sanctions
`
`Jury Trial
`
`39
`
`453
`
`23
`
`19
`
`16
`
`0.5
`
`1.1
`
`11.9
`
`10.3
`
`8.1
`
`0.5
`
`1.6
`
`16.0
`
`10.3
`
`10.8
`
`0.8
`
`5.6
`
`16.8
`
`18.9
`
`14.7
`
`1.0
`
`10.9
`
`47.3
`
`31.3
`
`34.4
`
`32.0
`
`1.0
`
`33.2
`
`51.4
`
`40.8
`
`52.5
`
`42.4
`
`20.6
`
`65.1
`
`81.7
`
`60.6
`
`58.7
`
`70.8
`
`20.6
`
`75.7
`
`81.7
`
`60.6
`
`58.7
`
`70.8
`
`2.8
`
`20.6
`
`39.9
`
`29.9
`
`32.5
`
`30.7
`
`Bench Trial
`
`Transfer
`
`Stay
`
`Appeal
`
`Likely Settlement
`
`Mature Termination
`
`23
`
`64
`
`310
`
`257
`
`926
`
`512
`
`8.8
`
`0.2
`
`0.3
`
`0.4
`
`0.4
`
`9.2
`
`1.0
`
`1.1
`
`3.2
`
`0.4
`
`1.6
`
`19.3
`
`3.1
`
`3.8
`
`13.8
`
`2.4
`
`6.8
`
`5.3
`
`8.4
`
`24.8
`
`4.3
`
`13.2
`
`7.6
`
`16.0
`
`39.7
`
`8.7
`
`26.6
`
`26.3
`
`50.0
`
`59.7
`
`32.2
`
`61.4
`
`56.5
`
`63.7
`
`73.8
`
`61.9
`
`100.4
`
`7.0
`
`12.7
`
`26.9
`
`7.1
`
`18.8
`
`https://search.docketnavigator.com/patent/binder/0/0?print=true
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`2/2
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`Salesforce Ex. 1028 – Page 2
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`
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