# Draft Cover Letter — KFU § 51 Exhibit Binder **From:** Scott D. Woller, Esq. (WACHTEL MISSRY LLP, counsel for Plaintiff Richard C. Litman) **To:** Aaron H. Gould, Esq. (Connell Foley LLP, counsel for Defendant Joshua B. Goldberg) **Cc:** Leo J. Hurley, Jr.; Jared Hotchkiss (Connell Foley); Richard C. Litman **Re:** *Litman v. Goldberg,* Index No. 524343/2025 (N.Y. Sup. Ct., Kings County) — Service of Supplemental § 51 Commercial-Use Exhibits (King Faisal University) **Date:** April __, 2026 --- Dear Aaron, We write to serve on your client a supplemental binder of commercial-use exhibits bearing on Count V (N.Y. Civil Rights Law §§ 50–51) of the operative complaint in the above-captioned action. ## 1. What Is Being Served Enclosed, as Exhibit __ to Plaintiff's forthcoming Bill of Particulars supplement and/or motion record, is the **KFU § 51 Exhibit Binder** — a 1,001-page compendium of 1,000 separate commercial uses of Mr. Litman's name in NGM's post-arbitration correspondence with King Faisal University (KFU), preceded by a single anchor exhibit relating to willfulness. Each of the 1,000 exhibits (Exhibits 1–1000 in the binder) corresponds to one separately dated email sent from the NGM firm to KFU during the **6/14/2023 – 7/18/2025 window** (i.e., from the date of the Arbitration Award through the date on which NGM eliminated Mr. Litman's email accounts). Each email attached one or more USPTO prosecution documents (Notice of Allowance, Office Action, Filing Receipt, Issue Notification, Information Disclosure Statement, Amendment, Assignment, Application, etc.) identifying Richard C. Litman as attorney of record on the matter. The attachment was delivered to a paying foreign-university client on the date shown for the commercial purpose of providing legal services. Each such delivery is an independent § 51 commercial use of Mr. Litman's name, dated as of the email-sent date, without regard to whether the underlying application ultimately issued. The anchor exhibit (Exhibit 0) is Bates **LITMAN209485** — an email dated December 20, 2023, authored by Joshua B. Goldberg and transmitted via the Litman-infrastructure alias `kfu@4patent.com`, in which Mr. Goldberg refers to Mr. Litman to KFU Prof. Hany as "**our attorney**" on Docket 33160.75U. Mr. Goldberg's own third-person designation of Mr. Litman as the attorney, in a direct communication with a paying KFU client and in the course of substantive patent-prosecution work, anchors the willfulness theory for each of the subsequent 1,000 exhibits. ## 2. Scale and Methodology The 1,000 exhibits were drawn, in rank order, from a candidate pool of **14,033 qualifying NGM-to-KFU emails with USPTO attachments** in the post-arbitration window, itself drawn from a broader NGM-to-KFU corpus of **17,203 in-window emails** produced from Mr. Litman's file materials. **Sixty-five and seven-tenths percent (65.7%)** of the candidate pool already carries a self-labeled subject-line attachment descriptor of the form "Notice of Allowance for KFU — Docket 33101.13U" or "Filing Receipt – Docket 33130.18U," such that the use of Mr. Litman's name is visible on the face of the email without opening the attachment. A full 14,033-exhibit version of the binder (corresponding to the complete qualifying KFU corpus in the window) is available on request. The 1,000-exhibit version provided here is sufficient to illustrate the systematic, multi-week pattern of Mr. Litman's name-use by your client, which bears on the willfulness and repetition elements of the § 51 claim. The inventory methodology is described at `KFU_EXHIBIT_INVENTORY_MEMO.md` and the full ranked candidate set is at `KFU_EXHIBIT_CANDIDATES_RANKED.csv` — both included with this binder for completeness. ## 3. Weighting Plaintiff does not contend that each of the 1,000 KFU-email exhibits is entitled to the same evidentiary weight as a use of Mr. Litman's name on an issued-patent front page. These email-delivery uses are weighted below issued-patent-face uses. They are nevertheless material to proving: (a) the systematic, multi-week pattern of repetition; (b) your client's commercial exploitation of Mr. Litman's professional identity to maintain the KFU engagement and to encourage payment of its invoices; and (c) your client's willful state of mind, particularly when read with the anchor exhibit at Exhibit 0. ## 4. Scope Notes - **Window.** Exhibits are confined to the 6/14/2023 – 7/18/2025 post-arbitration / pre-email-elimination window. Pre-Arbitration uses and post-7/18/2025 uses are the subject of separate production. - **Client.** This binder is limited to King Faisal University. Parallel binders are in preparation for King Saud University, United Arab Emirates University, Kuwait University, Sultan Qaboos University, and Qatar Foundation. Aggregate 6-client post-arbitration use count across those binders will exceed 28,000 additional uses (per prior analysis). - **Sender.** Each exhibit identifies an NGM-staff sender (typically Martha Long) transmitting to KFU recipients. The conduct is attributable to the firm and, by virtue of the anchor and the 2021 "new dean" introductions (Bates LITMAN272429 / 272449 / 272454), to your client personally. - **Attachment content.** Because each attachment names Mr. Litman on its face, this binder stands as primary-evidence of § 51 use without further extrinsic proof. ## 5. Request Without prejudice to Mr. Litman's right to move in limine to admit all 14,033 in-window KFU exhibits (and all parallel client binders), and without waiving any claim, we ask that your client meet and confer with us regarding: (a) any proposed stipulation as to admissibility of representative exhibits; (b) any challenge to Plaintiff's categorization of particular exhibits by USPTO document type; and (c) any proposed supplementation to Defendant's BOP responses that may be warranted in light of this production. We propose to discuss these items at or before the June 2, 2026 deposition-completion deadline, or, absent meet-and-confer progress, to raise them at the September 22, 2026 compliance conference before Judge Gotlieb. Nothing in this letter, or in the enclosed binder, is a waiver of any of Mr. Litman's rights, including his rights to supplement this production, to move to compel against Defendant's BOP, to seek a spoliation adverse-inference instruction, or to seek punitive damages under § 51 in light of the willfulness evidence in the anchor exhibit. Thank you for your cooperation. Very truly yours, **Scott D. Woller** WACHTEL MISSRY LLP --- ### Enclosures 1. `KFU_EXHIBIT_BINDER_1000.pdf` — 1,001 pages (anchor + 1,000 § 51 use exhibits) 2. `KFU_EXHIBIT_INVENTORY_MEMO.md` — methodology 3. `KFU_EXHIBIT_CANDIDATES_RANKED.csv` — 14,033 candidate pool (full universe), sorted in production order 4. `KFU_EXHIBIT_CANDIDATES_BY_DOCKET.csv` — 3,189 docket roll-ups ### Availability of full 14,033-exhibit binder The complete binder at 14,033 exhibits (39.6 MB, ~14,000 pages) is available as `KFU_EXHIBIT_BINDER_14033.pdf` on demand or upon request by the Court.