Prepared: March 25, 2026 Case: Litman v. Goldberg, Index No. 524343/2025 (NY Sup. Ct., Kings County) Relevance: Count V -- NY Civil Rights Law Sections 50-51 Source: Direction from Richard C. Litman (Plaintiff)
Richard Litman's name was commercially exploited across four distinct categories of publication, each constituting separate acts under NY Civil Rights Law Section 51. The KNPC patent portfolio provides the control proof -- demonstrating that Goldberg exercised knowing, conscious choice over whose name appeared on every document.
| # | Category | Acts | Key Evidence | Exhibit |
|---|---|---|---|---|
| 1 | USPTO Issued Patents & Filings | 905 patents + 206+ outgoing docs | Patent front pages (Line 74), Filing Receipts, NOAs, Office Actions | Existing (MECHANISM_OF_LIABILITY_MEMO.md) |
| 2 | Client-Facing Publications | 24,526+ emails | Martha Long forwarding USPTO docs to clients; "27 years" solicitations | CLIENT_FACING_PUBLICATION_EXHIBIT.md |
| 3 | Trademark Practice Name Use | 1,813+ trademark emails | Howard Kline / Nicola Pizza; outside counsel contacting Litman by name | TRADEMARK_NAME_USE_EXHIBIT.md |
| 4 | Foreseeable Republication | 9,050+ database entries | Google Patents, Espacenet, Justia, FPO, Lens.org indexing | FORESEEABLE_REPUBLICATION_MEMO.md |
Control Proof: KNPC_TRANSITION_CONTROL_EXHIBIT.md
| Category | Estimated Acts | SOL Period |
|---|---|---|
| Category 1: USPTO Publications | ~1,111 | 6/15/2020 - present |
| Category 2: Client-Facing Publications | ~24,526 | 6/15/2020 - present |
| Category 3: Trademark Publications | ~1,813 | 6/15/2020 - 10/13/2025 |
| Category 4: Foreseeable Republication | ~9,050 | 6/15/2020 - present (ongoing) |
| TOTAL | ~36,500+ |
Before analyzing each category, the threshold question is: Did Goldberg cause these publications? His Answer (Doc #65, Para. 33) denies it.
The KNPC portfolio destroys that denial:
| Fact | Evidence |
|---|---|
| All 3 KNPC patents list Goldberg on Line 74 | USPTO patent front pages (OCR-verified) |
| All KNPC matters billed under "Richard Litman (RL)" | RL_Client_List.csv (NGM Soluno export, 6/16/2025) |
| Same Customer Number (CN-37833) used for KNPC and 905 Litman patents | IFW JSON data |
| Goldberg personally directed KNPC POA filing 5 days post-arbitration | Email C2051472_ND0000247121 (6/19/2023) |
| Litman explicitly objected to name use the next month | Sent item ND263307 (7/18/2023) -- "we need to ensure there is no likelihood of confusion resulting from NGM's use of my name" |
| KNPC filing continued 2 days after lawsuit | Application 19/277,913 filed 7/23/2025 |
The inference: If Goldberg could put his own name on KNPC patents while billing those same matters under Litman's name, he equally had the power to keep Litman's name on 905 other patents. The choice was deliberate each time. Each of those designations was a knowing, controlled act.
This is the core "deck of cards" theory, extensively documented in existing materials: - MECHANISM_OF_LIABILITY_MEMO.md -- the POA -> Filing Receipt -> Office Action -> NOA -> Line 74 chain - MISAPPROPRIATION_ELEMENTS_PROOF.md -- elements of Section 51 mapped to patent evidence - IFW_HIDDEN_ATTRIBUTION_MEMO.md -- hidden attribution patents expanding the count
| Sub-Category | Count |
|---|---|
| Issued patents with Litman on Line 74 | 905 |
| Outgoing USPTO documents (21 mapped applications) | 206 |
| POAs signed by Goldberg personally | 16 (Reg. 44126) |
| PTOL-85B forms (Lafave) | 18 |
| Post-7/21/2024 patents | 13 (+2 hidden attribution) |
| Post-6/15/2025 patents | Pending (dataset ends 1/14/2025) |
Answer (Doc #65, Para. 32): "Defendant admits only that Plaintiff's name appeared on the front page of patents issued to Plaintiff's originated clients after June 15, 2020."
When Martha Long emailed clients attaching USPTO documents that listed "Richard C. Litman" as attorney, each email was a separate client-facing publication of Litman's name for commercial purposes. This is distinct from the USPTO filing itself -- it is the delivery of that filing into the client's inbox as part of a paid legal services relationship.
| Metric | Count |
|---|---|
| Martha Long emails with USPTO document attachments | 24,526 |
| Emails mentioning kfu@4patent.com (any field) | 19,701 |
| Mapped post-7/21/2024 KFU emails (9 dockets) | 113 |
| "27 years" solicitation emails to prospective clients | 4+ confirmed |
Note: The 24,526 and 19,701 figures measure different populations and should not be summed or conflated. 24,526 is the subset of Martha Long-authored (sender) emails carrying USPTO document attachments. 19,701 is an any-field (From/To/CC) count of records mentioning kfu@4patent.com across the ND0001+ND0002 metadata.
Client document forwarding (post-7/21/2024): - 7/3/2025: Issue Notification for KFU -- Docket 33140.97YY - 6/24/2025: Notice of Allowance for KFU -- Docket 33190.19U - 5/9/2025: Office Action Notification for KFU -- Docket 33190.19U - 12/12/2024: Patent Application Filed for KFU -- Docket 33190.19U
Solicitation emails using Litman's name: - 6/15/2023: "I have worked with Richard Litman for the past 27 years and would be delighted to assist you" -- to Mohammad Al-Harbi (Kuwait) - 7/10/2023: Same template -- to Mondher Lateri - 4/4/2023: "I have worked with him for the past 27 years" -- to Mr. Won (U of Michigan)
Al-Harbi specifically sought out the firm because of Litman's name: "I would like to know how much a consultation with the attorney Mr. Richard C. Litman costs?"
Each email is arguably a more commercially significant publication than the USPTO filing because: - It is delivered directly to the fee-paying client - It reinforces the impression that Litman is their attorney - The client relies on it when deciding to continue engaging the firm - Martha acted at Goldberg's direction (Email Evidence Memo, Exhibits B-1, B-2, B-4)
Full exhibit: output/CLIENT_FACING_PUBLICATION_EXHIBIT.md
Litman's name was exploited across an entirely separate practice area -- trademarks. Howard Kline managed NGM's trademark portfolio, sending 2,678 emails (91% CC'ing Litman) while clients and outside counsel contacted Litman by name for trademark work.
| Date | Event | Significance |
|---|---|---|
| 12/13/2023 | Ciro Poppiti (Lewis Brisbois) emails rlitman@nathlaw.com for trademark work | Outside counsel seeks out Litman by name |
| 12/14/2023 | Litman forwards to Kline | Delegation pattern |
| 1/16/2024 | Joint call: Litman, Kline, Poppiti | Litman still face of firm |
| 2-3/2024 | Kline manages portfolio review, TASTE OF THE FIRST STATE filing | All CC Litman |
| 4/9/2024 | Litman tells Goldberg: "The relationship is growing" | Business development value acknowledged |
| 4/18/2024 | Litman: "my relationship goes back decades" | Client origination confirmed |
| 12/2024-1/2025 | Trust ledger: 5 trademark payments, all under "RL" | Active commercial use |
| 7/29/2025 | USPTO TM receipt sent to Litman's email (auto-reply) | Name still on filings post-departure |
All 9 Nicola Pizza trademark dockets billed under "RL" (Richard Litman): - 8 registered marks + 1 new application (TASTE OF THE 1ST STATE, Serial No. 98499741) - $9,520+ in trust receipts, most recent December 2024/January 2025
Full exhibit: output/TRADEMARK_NAME_USE_EXHIBIT.md
When Goldberg caused Litman's name to appear on USPTO patent front pages, it was foreseeable that third-party databases would automatically republish this information. Each such republication is an additional publication attributable to Goldberg's original act.
Google Patents, Espacenet, Justia Patents, Free Patents Online, Lens.org, PatSnap, Derwent Innovation, Innography, USPTO Patent Center, USPTO Full-Text DB
Per Richard Litman: "Each search for my name shows blurbs on different patents on different days... each could be publication within SOL if each search results in different data... likely with more patents issuing with my name."
As new patents issue post-7/21/2024, new database entries are created. Each Google search for "Richard Litman" on a different day may show different patents -- each a different publication experience.
13 patents issued after 7/21/2024 x 10 databases = 130 additional third-party publications in the strongest SOL period alone.
905 total patents x 10 databases = 9,050 additional third-party publications over the full SOL period.
Richard Litman wisely notes: "We don't want to dilute use on issued patents but this is the turning point use." The foreseeable republication theory should be presented as supplemental -- it adds to the core patent evidence, it does not replace it.
Full memo: output/FORESEEABLE_REPUBLICATION_MEMO.md
All four categories rest on one foundational fact: Litman originated all Middle East clients.
| Source | Evidence |
|---|---|
| Goldberg's own Answer (Doc #65, Paras. 32, 72) | "Plaintiff's originated clients" -- binding party admission |
| NGM billing system | "Responsible Lawyer 418 (Richard Litman)" on all ME matters |
| Goldberg's own email (6/2/2025) | "a list of all clients in Soluno listing you as the Responsible Attorney, Lead Attorney, and for whom you are receiving Origination Credit" |
| "The Pad" (1/2024) | Goldberg's tracking system: "When you complete work on any matter where Richard Litman is the originating attorney" |
| Kuwait University (9/2020) | Called NGM "Litman's office" |
| KSU (5/2025) | Requested letter confirming NGM "acquired Litman Law Offices" |
| Litman emails (6/2023-1/2025) | "please make sure I am given origination credit for this" (multiple instances) |
| Financial data | 76-79% of firm revenue from Litman-originated clients; from April 2024 onward, 100% of collections credited to Litman |
King Faisal University, King Saud University, KNPC, UAEU, Kuwait University, KISR, Dasman Diabetes Institute, Sabah Al-Ahmad Center, Qatar Foundation, Arabian Gulf University, King Abdulaziz University, IMSIU, University of Sharjah, University of Tabuk, King Faisal Hospital, Saudi Advanced, Kuwait Innovation Center, Taif University -- plus dozens of individual Middle Eastern inventors.
| Acts | Theory |
|---|---|
| 905 issued patents | One act per patent |
| ~1,111 | Deck of cards (USPTO documents) |
| Category | Acts | Value Driver |
|---|---|---|
| 1. USPTO Publications | ~1,111 | Core -- government records |
| 2. Client-Facing Publications | ~24,526 | Commercial -- fee-generating |
| 3. Trademark Publications | ~1,813 | Extends to second practice area |
| 4. Foreseeable Republication | ~9,050 | Ongoing -- digital permanence |
| TOTAL | ~36,500+ |
At even modest per-act damages, this multiplier dramatically increases the case value. And the post-7/21/2024 acts (strongest for SOL) include contributions from all four categories.
evidence/republication/ with timestamps| Document | Purpose |
|---|---|
output/FOUR_CATEGORIES_OF_NAME_USE.md |
This memo -- unified framework |
output/KNPC_TRANSITION_CONTROL_EXHIBIT.md |
Control proof -- Goldberg chose whose name appeared |
output/CLIENT_FACING_PUBLICATION_EXHIBIT.md |
Category 2 -- Martha's emails as publications |
output/TRADEMARK_NAME_USE_EXHIBIT.md |
Category 3 -- Kline/Nicola Pizza trademark name use |
output/FORESEEABLE_REPUBLICATION_MEMO.md |
Category 4 -- third-party database republication |
output/MECHANISM_OF_LIABILITY_MEMO.md |
Category 1 -- existing USPTO publication chain |
output/MISAPPROPRIATION_ELEMENTS_PROOF.md |
Legal elements framework |
output/ADMISSIONS_INVENTORY.md |
Goldberg's admissions including "originated clients" |
output/KFU_KSU_FORENSIC_FINANCIAL_MAP.md |
Financial dependency (76-79% Litman-originated) |