`
`
`
`Alfred R. Fabricant (pro hac vice)
`afabricant@fabricantllp.com
`Peter Lambrianakos (pro hac vice)
`plambrianakos@fabricantllp.com
`Vincent J. Rubino, III (pro hac vice)
`vrubino@fabricantllp.com
`Enrique Iturralde (pro hac vice)
`eiturralde@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Road, Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`Benjamin T. Wang (CA SBN 228712)
`bwang@raklaw.com
`Minna Y. Chan (CA SBN 305941)
`mchan@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, California 90025
`Telephone: (310) 826-7474
`Facsimile: (310) 826-9226
`
`Attorneys for Defendant
`AGIS Software Development LLC
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN JOSE DIVISION
`
`
`WHATSAPP LLC,
`
`
`
`
`v.
`
`Plaintiff,
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Defendant.
`
` Case No. 5:21-cv-03076-BLF
`
`Hon. Judge Beth Labson Freeman
`
`DECLARATION OF VINCENT J.
`RUBINO, III IN SUPPORT OF MOTION
`TO DISMISS COMPLAINT FOR
`DECLARATORY JUDGMENT
`
` September 30, 2021
`Date:
` 9:00 a.m.
`Time:
`Location: Courtroom 3
`
`
`
`
`
`
`
`
`
`
`
`DECLARATION OF VINCENT J. RUBINO, III, CASE NO. 5:21-cv-03076
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`RUSS AUGUST & KABAT
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`Case 5:21-cv-03076-BLF Document 37-1 Filed 08/23/21 Page 2 of 2
`
`
`
`DECLARATION OF VINCENT J. RUBINO, III
`I, Vincent J. Rubino, III, do hereby declare as follows:
`1.
`I am a partner at the law firm of Fabricant LLP. I submit this declaration in support
`of Defendant AGIS Software Development LLC’s (“AGIS Software” or “Defendant”) Motion to
`Dismiss the Complaint for Declaratory Judgment filed by WhatsApp LLC (“WhatsApp” or
`“Plaintiff”). I am familiar with the facts set forth herein.
`Attached hereto as Exhibit A is a true and correct copy of the Declaration of Malcolm
`2.
`K. Beyer, Jr. submitted in opposition to Defendant WhatsApp, Inc.’s Motion to Dismiss for Improper
`Venue in the Eastern District of Texas. See AGIS Software Dev. LLC v. T-Mobile USA, Inc. et al.,
`No. 2:21-cv-00072-JRG, Dkt. 82-2 (E.D. Tex. June 8, 2021).
`
`
` I
`
` declare under the penalty of perjury that the foregoing is true and correct. Executed on
`August 23, 2021 at Livingston, New Jersey.
`
`
`_/s/ Vincent J. Rubino, III _______________
`Vincent J. Rubino, III
`
`
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`1
`DECLARATION OF VINCENT J. RUBINO, III, CASE NO. 5:21-cv-03076
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`RUSS AUGUST & KABAT
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