Page 1

Michael O. Stevens, OSB No. 095198 

Email: michael@hillsborofirm.com

STEVENS & LEGAL, LLC

3699 NE John Olsen Avenue

Hillsboro, OR 97124

Tel: (971) 533-6178

Fax: (971) 228-2608

J. Curtis Edmondson, CASB No. 236105 (pro hac vice)

Email: jcedmondson@edmolaw.com

Kiren Rockenstein, OSB No. 175638

Email: kirenr@edmolaw.com

EDMONDSON IP LAW

3699 NE John Olsen Avenue

Hillsboro, OR 97124

Tel: (503) 336-3749

Fax: (503) 482-7418

David H. Madden, OSB No. 080396 

Email: dhm@mersenne.com

MERSENNE LAW LLC

9600 SW Oak Street, Suite 500

Tigard, OR 97223

Tel: (503) 679-1671

Fax: (503) 512-6113

Attorneys for Defendant JOHN HUSZAR 

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

DALLAS BUYERS CLUB, LLC, 

Plaintiff,

v.

JOHN HUSZAR 

Defendants.

Case No.: 3:15-cv-0907-AC

DECLARATION OF KIREN 

ROCKENSTEIN IN SUPPORT OF 

DEFENDANT’S MOTION FOR 

SUMMARY JUDGMENT

(DR. KAL TOTH REPORTS)

Case 3:15-cv-00907-AC Document 138-10 Filed 02/28/18 Page 1 of 3
Page 2

I, Kiren Rockenstein, declare as follows:

1. I am an attorney licensed to practice law within the States of California and Oregon. I 

am admitted to several district courts. 

2. I am co-counsel of record for Defendant John Huszar (“Defendant”). 

3. Attached as Exhibit 1 is a true and correct copy of the expert report, entitled “Third Expert 

Report: Assessment of MaverickMonitor Software Reliability”, dated February 27, 2018.

4. This report was produced by Dr. Kal Toth, P.Eng, who has been retained by Defendant's 

counsel to assess the accuracy and reliability of the software used by the Plaintiff’s 

"private investigator" to collect evidence in connection with the alleged infringements. 

This report was produced after Dr. Toth reviewed the source code produced by Plaintiff.

5. Attached as Exhibit 2 is a true and correct copy of the expert report, entitled “Second 

Expert Report of Dr. Toth Concerning the Maverickeye Case”, dated December 24, 2017.

6. Attached as Exhibit 3 is a true and correct copy of the expert report produced by Dr. Toth, 

entitled “Expert Report of Dr. Toth Concerning Technical Report to Maverickeye”, dated

May 10, 2017. This report was prepared in connection with Clear Skies Nevada LLC v 

Hancock in the District Illinios (1:15-cv-06708). Judgment has been entered in this case, 

in favor of the Defendant in the amount of $65,268.31.

7. Attached as Exhibit 4 is a true and correct copy of the expert report produced by Dr. Toth, 

entitled “Expert Report Re. Malibu LLC vs. John Doe”, dated December 14, 2016. This 

report was prepared in connection with the matter of Malibu LLC vs. John Doe in the 

Northern District of California (3:15-cv-04441-WHA) which analyzed the system used 

by Excipio, a company run by the same team as MaverickMonitor. The report concludes

that the software used to monitor torrents was developed in an ad hoc fashion and cannot 

be relied upon forensically. 

8. Attached as Exhibit 5 is a true and correct copy of the expert rebuttal report produced by

Dr. Toth, entitled “Rebuttal of Patzer Declaration and Paige Expert Report”, dated Dec 

28, 2016 filed in the matter of Malibu LLC vs. John Doe referenced above.

9. Attached as Exhibit 6 is a true and correct copy of the expert rebuttal report produced by

Dr. Toth, entitled “Response to Patzer Supplemental Expert Report”, dated January 10, 

2017, filed in the matter of Malibu LLC vs. John Doe referenced above.

Case 3:15-cv-00907-AC Document 138-10 Filed 02/28/18 Page 2 of 3
Page 3

I swear under the penalty of perjury under the laws of the United States of America that the above 

is true and correct. 

Executed on: February 28, 2018

 

Kiren Rockenstein

Declarant

Case 3:15-cv-00907-AC Document 138-10 Filed 02/28/18 Page 3 of 3