RICHARD C. LITMAN,
Plaintiff,
-against-
JOSHUA B. GOLDBERG,
Defendant.
Index No. 524343/2025
Hon. Brian L. Gotlieb, J.S.C.
PLEASE TAKE NOTICE that, pursuant to CPLR 3120, Plaintiff RICHARD C. LITMAN hereby demands that Defendant JOSHUA B. GOLDBERG produce for inspection, copying, and/or photographing the documents and things described herein, at the offices of Plaintiff's counsel, _______, within thirty (30) days of service of this Notice.
For the purposes of this Notice:
"Document" or "Documents" shall mean the broadest interpretation permitted under CPLR 3120 and 3101, including but not limited to: all writings, correspondence, emails, text messages, letters, memoranda, notes, reports, spreadsheets, databases, invoices, receipts, agreements, contracts, filings, photographs, screenshots, recordings, electronically stored information ("ESI"), metadata, and all other tangible items upon which information is recorded, regardless of form or medium.
"Communication" or "Communications" shall mean any exchange of information, whether oral, written, or electronic, including but not limited to: emails, letters, memoranda, text messages, instant messages, voicemails, telephone calls, video conferences, and in-person discussions.
"You," "Your," "Defendant," and "Goldberg" refer to Joshua B. Goldberg, individually and in his capacity as a partner, member, or principal of Nath, Goldberg & Meyer ("NGM") or any predecessor or successor firm entity.
"NGM" refers to Nath, Goldberg & Meyer and any predecessor, successor, or affiliated entity, including but not limited to Nath & Associates, PLLC.
"Litman" or "Plaintiff" refers to Richard C. Litman.
"Relevant Period" refers to June 15, 2020 through the date of production, unless a specific date range is stated in a particular request.
"Line 74" refers to the Attorney or Agent field on the front page of a United States patent grant, which identifies the patent attorney or agent of record.
"Customer Number 37833" refers to USPTO Customer Number 37833, which is associated with the correspondence address for Nath, Goldberg & Meyer.
"The Pad" refers to any internal matter management, tracking, or docket system maintained by Defendant or NGM, whether physical or electronic, that records attorney assignments, client matter originations, or docket responsibilities.
"POA" refers to a Power of Attorney form submitted to the United States Patent and Trademark Office, including but not limited to PTO/AIA/82A and PTO/AIA/82B forms.
These requests are continuing in nature. If, after producing documents, Defendant becomes aware of additional responsive documents, Defendant shall supplement this production promptly pursuant to CPLR 3101(h).
Documents shall be produced as kept in the ordinary course of business or organized and labeled to correspond to the categories in which they are requested, pursuant to CPLR 3120(2).
If any document responsive to these requests is withheld on the basis of privilege or work product, Defendant shall provide a privilege log identifying: (a) the date of the document; (b) the author(s); (c) the recipient(s); (d) the general subject matter; and (e) the specific privilege or protection claimed.
If any responsive document has been lost, destroyed, or is no longer in Defendant's possession, custody, or control, Defendant shall identify: (a) the document; (b) the date of loss or destruction; (c) the reason for the loss or destruction; (d) any person who had possession; and (e) any person with knowledge of the document's contents.
These demands are directed to documents in the possession, custody, or control of Defendant, including documents held by agents, employees, attorneys, accountants, or other persons acting on Defendant's behalf.
Where a request seeks documents for a stated date range, produce all responsive documents created, sent, received, or otherwise dated within that range, as well as undated documents that relate to events within that range.
All documents relating to the content displayed on nathlaw.com between June 15, 2020 and the present, including but not limited to:
(a) Screenshots, archived versions, cached copies, or backups of any page of nathlaw.com listing, referencing, or depicting Richard C. Litman, including but not limited to biography pages, attorney profile pages, "professionals" or "team" listings, and the homepage;
(b) All communications, whether internal or external, regarding the decision to list, modify, update, or remove Litman's name, photograph, biography, or professional title on nathlaw.com, including communications with any web developer, content manager, or hosting provider;
(c) Website analytics data, including but not limited to visitor traffic logs, page view counts, and referral data for any page displaying Litman's name or professional information;
(d) All contracts, invoices, or agreements with website developers, hosting providers, or content management services relating to nathlaw.com during the Relevant Period;
(e) All documents reflecting the date on which Litman's profile was removed from nathlaw.com and the identity of the person who authorized or implemented that removal.
All documents and communications relating to the decision to replace "Richard C. Litman" with "Joshua B. Goldberg" as the designated attorney on patent grants (Line 74) issued by the USPTO for applications prosecuted by NGM, between January 1, 2025 and February 28, 2025, including but not limited to:
(a) All emails, memoranda, notes, or other communications discussing, directing, or implementing the change of attorney name on Line 74 from Litman to Goldberg;
(b) All instructions, directives, or training materials provided to staff, paralegals, or other personnel regarding the change in attorney designation;
(c) All modifications to USPTO Customer Number 37833 profiles, Power of Attorney records, or any other USPTO filing or account that effectuated or reflected the replacement of Litman's name with Goldberg's name;
(d) All documents reflecting the specific date on which the decision to make the change was made, and the identity of the person(s) who made or authorized the decision;
(e) All communications with clients regarding the change in the attorney of record from Litman to Goldberg on their patents.
All documents reflecting changes to, modifications of, or the status of USPTO Customer Number 37833 during the Relevant Period, including but not limited to:
(a) All Customer Number Data Sheets (PTO/SB/124) filed with the USPTO from June 15, 2020 to the present;
(b) All records reflecting the addition or removal of registered practitioners associated with Customer Number 37833, including dates and the identity of the person authorizing each change;
(c) All records reflecting changes to email notification recipients, correspondence addresses, or telephone numbers associated with Customer Number 37833;
(d) All correspondence with the USPTO regarding Customer Number 37833, including any requests to modify, update, or transfer control of the Customer Number;
(e) All internal records showing which individual(s) had administrative control over Customer Number 37833 at any point during the Relevant Period.
All documents showing revenue generated from patent prosecution work performed for clients whose patents list "Richard C. Litman" on Line 74, from June 15, 2020 to the present, including but not limited to:
(a) All invoices sent to clients for patent prosecution services where the resulting patent or pending application lists Litman as attorney of record;
(b) All fee agreements, engagement letters, or retainer agreements with clients whose patents bear Litman's name on Line 74;
(c) All accounts receivable reports, billing summaries, or revenue reports reflecting fees collected in connection with patents or applications listing Litman as attorney of record;
(d) All operating account records, trust account records, or bank statements showing receipt of client payments and transfers from trust for matters where the patent or application lists Litman as attorney of record;
(e) All records reflecting the allocation or distribution of fees earned on matters bearing Litman's name, including any payments to Litman under the Combination Agreement or otherwise, and any payments retained by Defendant or NGM.
All communications sent to current or prospective clients between June 15, 2020 and the present that reference Richard C. Litman by name, including but not limited to:
(a) All emails from Martha Long or any other NGM employee, contractor, or agent to current or prospective clients that reference Litman by name, including emails describing Litman's experience, qualifications, or relationship to the firm;
(b) All marketing materials, brochures, pitch documents, presentations, or proposals sent to current or prospective clients that reference Litman by name or use his professional biography;
(c) All responses to client inquiries that mention Litman by name or that describe his role at, affiliation with, or relationship to NGM;
(d) All documents reflecting the solicitation or retention of clients originally brought to the firm by Litman, including communications regarding the continuation of their matters under Goldberg's supervision;
(e) All documents reflecting the use of Litman's name, reputation, or client relationships in connection with business development, client acquisition, or client retention efforts.
All documents from, reflecting, or relating to the internal matter management or tracking system referred to as "The Pad," or any similar internal system used by NGM to track patent matters, including but not limited to:
(a) All entries, logs, or records designating Litman as the originating attorney, responsible attorney, or attorney of record for any client matter during the Relevant Period;
(b) All docket assignments, matter transfer records, or reassignment logs reflecting the transfer or continuation of Litman-originated matters under Goldberg's supervision or control;
(c) All records showing attorney-of-record designations, including any changes in designated attorney from Litman to Goldberg or any other individual;
(d) All printouts, exports, or screenshots of "The Pad" or any successor tracking system reflecting Litman-originated matters;
(e) All documents reflecting the structure, administration, and access controls of "The Pad" or any successor system, including who had authority to make entries or modifications.
All professional liability insurance applications, renewal applications, certificates of insurance, policy declarations, and related correspondence from January 1, 2020 to the present, including but not limited to:
(a) All applications or renewal applications for professional liability insurance that list, reference, or include Richard C. Litman as an insured, "Of Counsel," associated attorney, or covered individual, including but not limited to Policy No. FJS0001424 (2021-2022 policy year) and all subsequent policy years;
(b) All certificates of insurance or policy declarations identifying Litman as an insured or covered person;
(c) All correspondence with insurance carriers or brokers regarding the inclusion or removal of Litman as an insured or covered individual;
(d) All claims or notices of potential claims submitted to professional liability insurers that reference patents bearing Litman's name on Line 74;
(e) All documents reflecting the premiums paid for policies listing Litman as an insured or covered individual, and whether any portion of such premiums was charged to or paid by Litman.
All documents filed, produced, or exchanged in Litman v. Nath & Associates, PLLC, No. 1:25-cv-04048 (E.D.N.Y.), including but not limited to:
(a) Exhibit A to the Declaration of Joshua B. Goldberg, which Defendant has represented contains authenticated copies of Powers of Attorney, transmittal letters, Information Disclosure Statements, and filing receipts bearing Litman's name;
(b) All declarations, affidavits, or sworn statements by Joshua B. Goldberg filed in the federal action;
(c) The complete docket sheet for the federal action;
(d) All documents produced by any party in discovery in the federal action that relate to the use of Litman's name on patents, USPTO filings, the nathlaw.com website, or client correspondence;
(e) All pleadings, motions, and briefs filed by Defendant or on Defendant's behalf in the federal action that contain factual assertions regarding the use of Litman's name.
I hereby certify that a true and correct copy of this PLAINTIFF'S SECOND NOTICE FOR DISCOVERY AND INSPECTION was served upon Defendant's counsel via NYSCEF electronic filing on ____, 2026, addressed to:
Attorney for Defendant
Dated: __, New York __, 2026
Attorney for Plaintiff
This document was prepared as a draft for review by counsel. Final formatting, attorney information, and service details to be completed before filing.