Case 1:13-cv-00920-LPS Document 196 Filed 02/25/20 Page 1 of 4 PageID #: 6395
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 12-1595-LPS
`
`Original Version Filed: Feb. 18, 2020
`Public Version Filed: Feb. 25, 2020
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`C.A. No. 12-1596-LPS
`Original Version Filed: Feb. 18, 2020
`Public Version Filed: Feb. 25, 2020
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`C.A. No. 12-1597-LPS
`Original Version Filed: Feb. 18, 2020
`Public Version Filed: Feb. 25, 2020
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`C.A. No. 12-1599-LPS
`Original Version Filed: Feb. 18, 2020
`Public Version Filed: Feb. 25, 2020
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`ARENDI S.A.R.L.,
`
`Plaintiff,
`
`v.
`
`LG ELECTRONICS, INC.,
`LG ELECTRONICS USA, INC. and
`LG ELECTRONICS MOBILECOMM U.S.A.,
`INC.,
`
`Defendants.
`ARENDI S.A.R.L.,
`
`Plaintiff,
`
`v.
`
`APPLE INC.,
`
`Defendant.
`ARENDI S.A.R.L.,
`
`Plaintiff,
`
`v.
`
`BLACKBERRY LIMITED and
`BLACKBERRY CORPORATION,
`
`Defendants.
`ARENDI S.A.R.L.,
`
`Plaintiff,
`
`v.
`
`MICROSOFT MOBILE INC.,
`
`Defendant.
`
`7126500v1/016120
`
`

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`Case 1:13-cv-00920-LPS Document 196 Filed 02/25/20 Page 2 of 4 PageID #: 6396
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`C.A. No. 12-1601-LPS
`Original Version Filed: Feb. 18, 2020
`Public Version Filed: Feb. 25, 2020
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`C.A. No. 12-1602-LPS
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`Original Version Filed: Feb. 18, 2020
`Public Version Filed: Feb. 25, 2020
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`C.A. No. 13-919-LPS
`Original Version Filed: Feb. 18, 2020
`Public Version Filed: Feb. 25, 2020
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`C.A. No. 13-920-LPS
`Original Version Filed: Feb. 18, 2020
`Public Version Filed: Feb. 25, 2020
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`ARENDI S.A.R.L.,
`
`Plaintiff,
`
`v.
`
`MOTOROLA MOBILITY LLC
`f/k/a MOTOROLA MOBILITY, INC.,
`
`Defendant.
`ARENDI S.A.R.L.,
`
`Plaintiff,
`
`v.
`
`SONY MOBILE COMMUNICATIONS (USA)
`INC. f/k/a SONY ERICSSON MOBILE
`COMMUNICATIONS (USA) INC.,
`SONY CORPORATION and
`SONY CORPORATION OF AMERICA,
`
`Defendants.
`ARENDI S.A.R.L.,
`
`Plaintiff,
`
`v.
`
`GOOGLE LLC,
`
`Defendant.
`ARENDI S.A.R.L.,
`
`Plaintiff,
`
`v.
`
`OATH HOLDINGS INC. and OATH INC.,
`
`Defendants.
`
`2
`
`

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`Case 1:13-cv-00920-LPS Document 196 Filed 02/25/20 Page 3 of 4 PageID #: 6397
`
`DECLARATION OF MAX STRAUS
`
`1.
`
`I am an attorney representing Arendi S.à.r.l. in the above-captioned cases.
`
` as an expert witness on infringement in Arendi
`2. Arendi S.à.r.l. retained
`S.A.R.L. v. LG Electronics, Inc., et al.; Arendi S.A.R.L. v. Apple Inc.; Arendi v. Google
`LLC; Arendi S.A.R.L. v. Blackberry Ltd. and Blackberry Corp.; Arendi S.A.R.L. v.
`Microsoft Mobile Inc.; Arendi S.A.R.L. v. Sony Mobile Communications (USA) Inc., et al.;
`and Arendi S.A.R.L. v. Oath Holdings Inc. and Oath Inc. on August 5, 2019.
`was also retained to testify in Arendi S.A.R.L. v. HTC Corp. et al.
`
` was unable to serve as an expert witness in Arendi S.A.R.L. v.
`3. Because
`Motorola Mobility LLC, Arendi retained
` assistant,
`, to
`serve as an infringement expert witness in that case.
` was retained via
` firm,
`.
`
`,
`wrote to Arendi’s attorneys asking that
`4. On January 21, 2020, Mr.
`who lacks experience as a testifying expert, replace him as the expert witness in Arendi
`S.A.R.L. v. LG Electronics, Inc., et al.; Arendi S.A.R.L. v. Apple Inc.; and Arendi S.A.R.L.
`v. Microsoft Mobile Inc.—in addition to Arendi S.A.R.L. v. Motorola Mobility LLC.
` indicated that his commitments to several other clients with trials scheduled for
`the coming months limited his availability in the Arendi matters and prompted him to
`recommend that he be replaced as the testifying expert on the three Arendi cases.
`
`5.
`
` email of January 21, 2020, was the first time that he had informed Arendi’s
`attorneys that he would be unable to fulfill his commitments to Arendi because he had
`overextended himself with a trial schedule of which Arendi had not previously been
`informed.
`
` informed Arendi’s attorneys of further time
`6. On January 27, 2020,
`commitments that made him unable to fulfill his duties to Arendi, including preparation for
`depositions. These activities for other clients included three expert reports, a minimum of
`seven declarations, and four trials in the coming months. The trials alone left him
`unavailable from February 9 to 18, February 20 to March 4, and April 10 to June 12.
`had not previously informed Arendi of these commitments.
`
`7.
`
` email of January 27 contrasted sharply with his statements during an initial
`interview on July 17, 2019. During that interview, I specifically asked
` about
`his degree of availability.
` assured me that he had sufficient time to work on
`Arendi’s cases and to prepare expert reports for them.
` noted that he had a
`trial scheduled for October 2019 but was otherwise flexible and that
` would
`continue working on matters related to the reports while
` was in trial.
` did not identify other scheduling conflicts at that time.
`
` nor
`8. As of February 4, 2020, neither
`demonstrating an ability to complete their expert reports.
`
` had provided work product
` professed
`
`3
`
`

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`Case 1:13-cv-00920-LPS Document 196 Filed 02/25/20 Page 4 of 4 PageID #: 6398
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`unavailability—combined with the failure to complete other assignments taken on by his
`firm in prior months—caused Arendi to conclude that he could not finish the reports and
`that, even if he did, his schedule did not permit him to adequately prepare or sit for
`depositions. Accordingly, Arendi terminated its engagement of
` and
`
` as experts.
`
` with other testifying experts. On January 24,
`9. Arendi has acted to replace
`2020, my co-counsel and I asked Dr. John Levy—Arendi’s previously intended validity
`expert—to take over a number of the cases assigned to Messrs.
` and
`.
`
`10. On January 24, 2020, I wrote to counsel for the defendants in Arendi S.A.R.L. v. LG
`Electronics, Inc., et al., Arendi S.A.R.L. v. Apple Inc., and Arendi S.A.R.L. v Motorola
`Mobility LLC requesting that Dr. Levy be granted access to material designated as “Outside
`Counsel Only – Source Code” under the protective order and that he be permitted to review
`produced code. Dr. Levy had already been cleared under the protective order to access
`“Confidential” and “Outside Counsel Only” designated material.
`
`11. Motorola refused permission on January 30, 2020. The LG defendants refused to allow
`inspection of source code on January 30—later approving access to material already in
`Arendi’s possession on February 7, 2020. Apple refused to grant Mr. Levy any access on
`February 3. As a result, Dr. Levy has been delayed in his ability to work on Arendi’s expert
`infringement reports.
`
`12. I declare under the penalty of perjury that the foregoing is true and correct.
`
`Executed in New York, New York on February 18, 2020
`
`________________________
`
`MAX STRAUS
`
`4
`
`