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Best Evidence Memo

Best Evidence — Richard Litman v. Joshua Goldberg

Purpose: Focus on the strongest exhibits. Use this as the primary reference for counsel and trial prep. Full package remains as backup.

Case: Litman v. Goldberg, Index No. 524343/2025 (NY Sup. Ct., Kings County)
Theory: Goldberg personally participated in using Litman's name on patents and related records after Litman's authority ceased (NY Civil Rights Law §§50–51; LLC Law § 609; Turane v. MGN, LLC).


1. Same-Application Pairings — Strongest Turane Exhibits

What: Goldberg personally signed the PTO/AIA/82A transmittal (POA) in the same application that later issued with Litman on Line 74. This ties Goldberg directly to filing activity in the very applications that publicly carried Litman's name — much stronger than arguing he is liable just because he was part of the firm.

✅ OCR-VERIFIED 2026-03-16 — VERBATIM FROM ACTUAL USPTO PDF DOCUMENTS:

Application Patent 82A Signature (OCR verbatim) Reg. No. 82B Customer No. Line 74 (patent face)
18/242,465 12,043,608 B1 (July 23, 2024) /Josh ua B. Goldbe rg/ (Sept. 5, 2023) 44126 37833 "Nath, Goldberg & Meyer; Richard C. Litman"
18/511,800 12,116,333 B1 (Oct. 15, 2024) /Josh ua B. Goldbe rg/ (Nov. 16, 2023) 44126 37833 "Nath, Goldberg & Meyer; Richard C. Litman"

Note: OCR of scanned form renders the signature as /Josh ua B. Goldbe rg/ due to line breaks in the signature field — this is /Joshua B. Goldberg/ verbatim from the signed form.

PDF files: evidence/poa_pdfs/POA_12043608_18242465_2023-09-05.pdf and evidence/poa_pdfs/POA_12116333_18511800_2023-11-16.pdf — downloaded directly from USPTO API 2026-03-16.

What the 82A form shows (verbatim): - Form title: "TRANSMITTAL FOR POWER OF ATTORNEY TO ONE OR MORE REGISTERED PRACTITIONERS" - Signature: /Joshua B. Goldberg/ - Name: Joshua B. Goldberg - Registration Number: 44126

What the 82B form shows (verbatim): - "I hereby appoint the Patent Practitioner(s) associated with the following Customer Number as my/our attorney(s) or agent(s)... 37833"

Chain of custody: Goldberg (Reg. 44126) signed the 82A → 82B appointed CN-37833 → Litman's name appears on Line 74 of the issued patent. Goldberg personally executed the POA that governed which attorneys were of record in these applications.

Why it matters: Same-application chain — Goldberg signed the POA for this application; the resulting patent lists Litman on Line 74. Cleanest Turane exhibits. This is personal action by Goldberg, not just firm-level conduct.

BONUS: Third POA — Exemplar Patent 11,980,937 (App 18/392,663)

New finding (2026-03-16): The exemplar patent 11,980,937 also has a Goldberg-signed POA:

Application Patent 82A Signature Reg. No. 82B Customer No. Special Note
18/392,663 11,980,937 B1 (May 14, 2024) /Joshua B. Goldberg/ (Dec. 21, 2023) 44126 37833 Same day as KFU assignment cover sheet (docket 33150.15U)

BOMBSHELL: On December 21, 2023, Goldberg simultaneously: 1. Signed the PTO/AIA/82A Power of Attorney for app 18/392,663 (KFU — Electrical doping of iron) 2. Signed the KFU Patent Assignment Cover Sheet for the same application (docket 33150.15U, reel 065933/0139)

Both documents carry his signature on the same day, for the same application, while Litman's name remained in the correspondence block. This is the strongest single-day evidence of Goldberg's personal control over a filing where Litman's identity was used.

PDF file: evidence/poa_pdfs/POA_11980937_18392663_2023-12-21.pdf


2. Assignment Cover Sheets

What: Assignment cover sheets for KFU and UAEU applications — Goldberg as submitter/signatory per Assignment Center records. Screenshots captured — 13 with assignment data, 2 not found (18/414,442; 18/511,800). See evidence/assignments/.

Application Docket Issued Patent Date Signed Document
18/392,663 33150.15U 11,980,937 12/21/2023 18392663
18/383,448 33135.22U 11,952,371 10/29/2023 18383448
18/118,551 33090.24U 11,814,309 03/07/2023 18118551

Action: Download PDFs per evidence/assignments/ASSIGNMENT_PDF_DOWNLOAD_GUIDE.md and add to package.


3. 12 Post-7/21/24 Overlap Patents (BOP Exhibit A)

What: Patents issued after July 21, 2024 where both Litman and Goldberg appear in attorney search. Aligns with Plaintiff's BOP Exhibit A.

Court-ready outputs: - output/SOL_EXHIBIT_LIST_POST_7_21_2024.csv — Exhibit list with KFU/KSU accounting notes - output/EXHIBIT_A_FRONT_PAGES.pdf — Exhibit A: front pages of 12 patents (label + page 1 each) - output/KFU_KSU_ACCOUNTING_SUMMARY.md — KFU (9), KSU (1), assignee TBD (3)

Legacy: uspto_richard_litman_package_full/uspto_richard_litman/TWELVE_OVERLAP_EXHIBIT_TABLE.csv

Why it matters: Statute-of-limitations-safe; recent public-facing use; Litman + Goldberg overlap supports transition narrative.


4. Website — June 21, July 8, Sept 5, 2025

What: nathlaw.com showed Litman as "PATENT ATTORNEY" on June 21 and July 8, 2025 (no "Retired" on either capture). Litman was removed from the professionals page by Sept 5, 2025.

Screenshots: June 21, July 8 (still "PATENT ATTORNEY"), Sept 5 (removed).
Analysis: output/NATHLAW_LATER_SNAPSHOTS_ANALYSIS.md

Why it matters: Ongoing public use through July 2025; later removal shows firm control. Weaker on Goldberg's personal participation unless discovery ties him to site administration.


5. 905 Patents Since 6/15/2020

What: Issued US patents listing Richard Litman as attorney from 6/15/2020 forward.

File: uspto_richard_litman_package_full/uspto_richard_litman/richard_litman_attorney_issued_patents_since_2020-06-15.csv
Exhibit format: uspto_richard_litman_package_full/uspto_richard_litman/EXHIBIT_C_SUMMARY.csv

Why it matters: Scale and breadth — sustained public use, not isolated incidents.


6. Four Exemplar Patents (PTOL-85 / CN-37833)

What: Patents 11,881,807; 11,932,607; 11,976,365; 11,980,937 — each shows Litman on Line 74, Customer Number 37833 (NGM custody), PTOL-85/PTOL-85B in IFW.

Why it matters: Pairs public attribution (Line 74) with internal custody (CN-37833) — operational control.


7. KNPC — Three Verified Patents (REFRAMED 2026-03-16)

What: Kuwait National Petroleum Company patents 12,157,086; 12,280,479; 12,510,313.

⚠️ AUDIT FINDING: Line 74 on all three KNPC patents shows Joshua B. Goldberg, NOT Richard Litman. Litman appears in the USPTO API file wrapper (attorneyBag / CN-37833), but these are NOT evidence of Litman's name on public patent faces.

Reframed evidentiary value: - Transition evidence: Goldberg replaced Litman as the named attorney for KNPC. - Patent 12,510,313 was filed July 23, 2025 — post-6/15/2025 "especially problematic" cutoff — showing Goldberg actively prosecuting for KNPC while Litman's identity lingers in the file wrapper. - Patent 12,280,479 filed August 19, 2024 — post-SOL-safe cutoff. - Use these to show the transition/replacement timeline for KNPC, NOT to argue Litman's name was publicly used on these specific patents.

Action needed: Search for earlier KNPC patents (pre-2024) where Litman appears on Line 74, to establish the before/after comparison for KNPC.


Line 74 Control Inference

Key legal inference: If Goldberg's name appears on Line 74 of a patent, he had control over whose name was designated as attorney. That same control would have applied when Litman's name was used — supporting the argument that Goldberg directed or permitted that use.

Memo: output/LINE_74_CONTROL_INFERENCE_MEMO.md
Hunt-down guide: output/EARLIEST_GOLDBERG_FINDINGS.md — how to find the earliest patent with Goldberg on Line 74 (USPTO search, sort by date ascending).


IFEE — Caution

Do not say the IFEE API proves Goldberg was the submitter unless you have the actual filing image. The package materials (OCR extraction) show Goldberg's name appears in IFEE forms but do not, by themselves, establish that he was the submitter. See output/IFEE_SUBMITTER_RESULTS.md — treat as supporting, not standalone proof.


Summary

Rank Evidence One-line reason
1 Same-application pairings (18/242,465; 18/511,800; BONUS: 18/392,663) OCR-VERIFIED: Goldberg signed PTO/AIA/82A (Reg. 44126); 82B appointed CN-37833; issued patents list Litman on Line 74. PDFs in evidence/poa_pdfs/.
2 Assignment cover sheets Screenshots in evidence/assignments/; Goldberg submitter per Assignment Center
3 12 post-7/21/24 overlap patents BOP Exhibit A; SOL-safe; Litman+Goldberg
4 Website June 21, July 8, 2025 "PATENT ATTORNEY" (no Retired); removed by Sept 5
5 905 patents since 6/15/20 Scale and breadth
6 4 exemplar patents Line 74 + CN-37833 pairing
7 KNPC 3 patents (REFRAMED) Goldberg on Line 74 — transition/replacement evidence, not Litman name-use

Full package: See PACKAGE_INDEX_FOR_UNCLE.md for complete file map.
Main report: output/LITMAN_DEFENSE_REPORT.md