Case: Litman v. Goldberg, Index No. 524343/2025 (NY Sup. Ct., Kings County) Prepared: 2026-03-16 Purpose: Address the judge's specific concern (per Dec. 5, 2025 transcript) that Goldberg cannot be personally liable merely because he was managing partner — the firm did it, not him personally. This memo maps each piece of evidence directly to personal acts by Goldberg.
Per JUDGE_DECISION_NOTES_2025-12-05.md, defense argued:
- The website is the firm's website, not Goldberg's personal website
- Patent filings were made by NGM law firm, not Goldberg personally
- Therefore Goldberg cannot be personally liable just as managing partner
Our answer: We have Goldberg's personal signature on government documents — not firm-level conduct.
Date: September 5, 2023 (post-arbitration)
Document: PTO/AIA/82A "Transmittal for Power of Attorney to One or More Registered Practitioners"
Goldberg's personal signature: /Joshua B. Goldberg/ — Registration No. 44126
Effect: Appointed CN-37833 practitioners as attorneys of record
Result: Issued patent US 12,043,608 B1 (July 23, 2024) lists "Nath, Goldberg & Meyer; Richard C. Litman" on Line 74
File: evidence/poa_pdfs/POA_12043608_18242465_2023-09-05.pdf
Why it matters for personal liability: Goldberg did not merely allow firm employees to act — he personally signed the government form that dictated who would be listed as attorney of record. That is personal action, not firm action.
Date: November 16, 2023 (post-arbitration)
Document: PTO/AIA/82A — same form as Act 1
Goldberg's personal signature: /Joshua B. Goldberg/ — Registration No. 44126
Effect: Appointed CN-37833 practitioners as attorneys of record
Result: Issued patent US 12,116,333 B1 (Oct. 15, 2024) lists "Nath, Goldberg & Meyer; Richard C. Litman" on Line 74
File: evidence/poa_pdfs/POA_12116333_18511800_2023-11-16.pdf
Why it matters for personal liability: Second instance of personal signing, different application, same pattern. Not a one-off.
Date: December 21, 2023 (post-arbitration)
Documents (both signed same day):
1. PTO/AIA/82A Power of Attorney Transmittal — signed /Joshua B. Goldberg/ Reg. 44126, CN 37833
2. PTO/AIA/15 Utility Patent Application Transmittal (TRNA) — signed /Joshua B. Goldberg/ Reg. 44126
- Docket: 33150.15U | Customer No.: 37833 | Assignee: King Faisal University
- Correspondent: customer number 37833 (NGM)
Result: Issued patent US 11,980,937 B1 (May 14, 2024) lists "Nath, Goldberg & Meyer; Richard C. Litman" on Line 74
Files (both PDFs confirmed and downloaded 2026-03-16):
- evidence/poa_pdfs/POA_11980937_18392663_2023-12-21.pdf — POA form
- evidence/assignments/pdfs/ASSIGN_11980937_18392663_2023-12-21.pdf — Application transmittal (PTO/AIA/15)
Why it matters for personal liability: On a single day, Goldberg personally executed two separate government documents for the same application — a Power of Attorney and the application filing transmittal naming KFU as assignee. Both filings were made while Litman's name appeared in the correspondence block and on the eventual patent face. This is the strongest single-day showing of personal, directed control.
Date: October 24, 2023 (post-arbitration, 132 days after arbitration)
Documents (same day):
1. PTO/AIA/82A Power of Attorney Transmittal — /Joshua B. Goldberg/ — Reg. 44126 — Docket: 33135.22U
2. PTO/AIA/15 Utility Patent Application Transmittal — /Joshua B. Goldberg/ — Reg. 44126 — CN: 37833 — Assignee: King Faisal University
Assignment Center: Reel 065379 / Frame 0084 (recorded Oct 29, 2023) — Correspondent: "RICHARD C. LITMAN NATH, GOLDBERG & MEYER" | jgoldberg@nathlaw.com
Issued patent: US 11,952,371 B1 (April 9, 2024)
Files (both confirmed and downloaded 2026-03-16):
- evidence/poa_pdfs/POA_11952371_18383448_2023-10-24.pdf — CLEAN, UNAMBIGUOUS POA IMAGE — signature clearly /Joshua B. Goldberg/ — no OCR artifacts
- evidence/assignments/pdfs/ASSIGN_11952371_18383448_2023-10-24.pdf — Application filing transmittal
Why it matters for personal liability: Goldberg personally submitted this application and its POA on the same day, both bearing his signature and registration number. The 82A image is the clearest of all recovered forms — counsel can display it directly without OCR interpretation. Assignment Center confirms his personal email (jgoldberg@nathlaw.com) as correspondent while Litman's name remained in the firm correspondence block.
Date: March 7, 2023 (pre-arbitration)
Document: PTO/AIA/15 Utility Patent Application Transmittal (TRNA)
Submitter: /Nahied K. Usman/ — Registration No. 47148 (NOT Goldberg personally)
Customer No.: 37833 | Docket: 33090.24U
Assignee shown: United Arab Emirates University
Assignment Center: Reel 062910 / Frame 0038 — Correspondent: "RICHARD C. LITMAN NATH, GOLDBERG & MEYER"
Issued patent: US 11,814,309 B1 (November 14, 2023)
File: evidence/assignments/pdfs/ASSIGN_11814309_18118551_2023-03-07.pdf — Downloaded and confirmed 2026-03-16
Note: Pre-arbitration; Usman (not Goldberg) filed this one. Still useful for breadth/pattern — shows CN 37833 was the firm-wide practice. Personal liability for this filing tracks to Usman, not Goldberg.
Under Turane v. MGN, LLC and NY Civil Rights Law §§50-51 as argued for misappropriation:
Goldberg personally signed POA form
↓
POA appointed CN-37833 as attorneys of record
↓
CN-37833 (NGM custody) managed prosecution
↓
Litman's name appeared on Line 74 of issued patent (public record)
↓
= Personal act by Goldberg → public use of Litman's name
This is not "the firm did it." Goldberg personally executed the government document that set the chain in motion. His registration number (44126) is on the form. His name is the signature. The form is in the federal file wrapper.
| Defense Claim | Our Evidence |
|---|---|
| "The website is the firm's website" | Correct — but website is supporting evidence, not primary. Primary evidence is the signed POA forms. |
| "Patent filings were made by the firm" | False as to these specific documents. Goldberg personally signed the PTO/AIA/82A transmittal — that is an individual act requiring his personal registration number. |
| "Goldberg cannot be liable as managing partner alone" | Agreed — but he is not being tied to filings as managing partner. He is tied by his own signature on specific government forms. |
For each POA exhibit: 1. The PDF itself (downloaded from USPTO API — self-authenticating as government record under FRE 902(5)) 2. The companion patent front page showing Litman on Line 74 3. A declaration from a USPTO custodian or certificate of authenticity (USPTO certified copies available via Patent Center → Order Certified Copies)
For assignment cover sheets: 1. Screenshots from Assignment Center (already captured) 2. USPTO Assignment Center printouts (self-authenticating) 3. Certified copies if needed for trial
Action for counsel: Order certified copies of apps 18/242,465 and 18/511,800 file wrappers from USPTO for use at trial. The PDF downloads are sufficient for discovery/motion practice.