`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`PACKET INTELLIGENCE LLC,
`
`Plaintiff,
`
`v.
`
`NETSCOUT SYSTEMS, INC.,
`TEKTRONIX COMMUNICATIONS, and
`TEKTRONIX TEXAS, LLC,
`
`Defendants.
`
`Case No. 2:16-cv-00230-JRG
`
`Jury Trial Demanded
`
`(Lead Case)
`
`DECLARATION OF MICHAEL J. LYONS IN SUPPORT OF NETSCOUT’S
`RULE 50(b) RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW
`OF NO INFRINGEMENT
`
`EX 1071 Page 1
`
`
`
`Case 2:16-cv-00230-JRG Document 314-1 Filed 10/05/18 Page 2 of 2 PageID #: 20221
`
`
`I, Michael J. Lyons, declare as follows:
`
`
`
`1.
`
`I am a partner at Morgan, Lewis & Bockius LLP and am an attorney of record in
`
`the above-captioned action for Defendants NetScout Systems, Inc. and NetScout Systems Texas,
`
`LLC (formerly known as Tektronix Texas, LLC d/b/a Tektronix Communications) (collectively
`
`“NetScout”). I make this declaration in support of NetScout’s Rule 50(b) Renewed Motion For
`
`Judgment As A Matter Of Law Of No Infringement. The matters stated herein are based upon
`
`my personal knowledge, and, if called as a witness, I could and would competently testify to
`
`them.
`
`
`
`2.
`
`Attached as Exhibit A are true and correct excerpts of the transcript for the July
`
`13, 2017 deposition of Dr. Kevin Almeroth.
`
`
`
`3.
`
`Attached as Exhibit B are true and correct excerpts of the infringement report of
`
`Dr. Kevin Almeroth.
`
`
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`4.
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`Attached as Exhibit C are true and correct excerpts of the demonstrative slides
`
`presented by Mr. Russel Dietz at trial on October 10, 2017.
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`
`
`
`
`
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
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`true and correct. Executed this 5th day of October, 2018 at Palo Alto, California.
`
`
`
` /s/ Michael J. Lyons
`Michael J. Lyons
`
`
`
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`-1-
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`EX 1071 Page 2
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`
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