`
`
`
`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
`
`
`SMITH MICRO SOFTWARE, INC., and
`SMITH MICRO SOFTWARE, LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Defendant.
`
` Case No. 5:21-cv-03677-BLF
`
`Hon. Judge Beth Labson Freeman
`
`DECLARATION OF VINCENT J.
`RUBINO, III IN SUPPORT OF REPLY IN
`SUPPRT OF MOTION TO DISMISS
`COMPLAINT FOR DECLARATORY
`JUDGMENT
`
`Date: January 27, 2022
`Time: 9:00 a.m.
`Ctrm: 3
`
`Judge Beth Labson Freeman
`
`
`
`
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`
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`DECLARATION OF VINCENT J. RUBINO, III, CASE NO. 5:21-cv-03677
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`RUSS AUGUST & KABAT
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`Case 5:21-cv-03677-BLF Document 34-1 Filed 09/20/21 Page 2 of 3
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`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 Smith Micro Software, Inc., and Smith
`Micro Software, LLC (“Smith Micro” or “Plaintiff”). I am familiar with the facts set forth herein.
`Attached hereto as Exhibit 1 is a true and correct copy of the Certificate of Formation
`2.
`for AGIS Software Development LLC, dated June 1, 2017.
`Attached hereto as Exhibit 2 is a true and correct copy of Malcolm K. Beyer, Jr.’s
`3.
`Declaration in Opposition to Defendant Lyft, Inc.’s Motion to Dismiss for Improper Venue in AGIS
`Software Development LLC, v. T-Mobile USA, Inc. and T-Mobile US, Inc., E.D. Tex. Case No. 2:21-
`cv-00072-JRG (Lead), dated May 22, 2021, filed as Docket No. 64-2.
`Attached hereto as Exhibit 3 is a true and correct copy of Malcolm K. Beyer, Jr.’s
`4.
`Declaration in Opposition to Defendant WhatsApp, Inc.’s Motion to Dismiss for Improper Venue,
`in AGIS Software Development, LLC v. T-Mobile USA, Inc., et al., E.D. Tex. Case No. 2:21-cv-
`00072-JRG (Lead), filed on June 8, 2021 at Dkt. 82-2.
`Attached hereto as Exhibit 4 is a true and correct copy of Smith Micro Software,
`5.
`Inc.’s Franchise Tax Account Status in Texas as of September 15, 2021.
`Attached hereto as Exhibit 5 is a true and correct copy of an article from Fierce
`6.
`Wireless titled, “Smith Micro Software Shakes Up Mobile Family Safety Landscape, Strikes Deal
`with Avast,” dated April 26, 2021.
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`DECLARATION OF VINCENT J. RUBINO, III, CASE NO. 5:21-cv-03677
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`Case 5:21-cv-03677-BLF Document 34-1 Filed 09/20/21 Page 3 of 3
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`Attached hereto as Exhibit 6 is a true and correct copy of an article from Business
`7.
`Wire titled, “Concerned About Your Kids’ Online Activities? Meet T-Mobile FamilyMode, the
`Digital Ally Parents Need,” dated June 25, 2018.
`I declare under the penalty of perjury that the foregoing is true and correct. Executed on
`September 20, 2021 at Livingston, New Jersey.
`
`
`_/s/ Vincent J. Rubino, III _______________
`Vincent J. Rubino, III
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`DECLARATION OF VINCENT J. RUBINO, III, CASE NO. 5:21-cv-03677
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