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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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` CASE NO. 2:17-cv-00140-RWS-RSP
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`JURY TRIAL DEMANDED
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`CYWEE GROUP LTD.,
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`Plaintiff,
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`SAMSUNG ELECTRONICS CO., LTD.
`AND
`SAMSUNG ELECTRONICS AMERICA,
`INC.
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`Defendants.
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`DECLARATION OF CHRISTOPHER L. EVANS IN SUPPORT OF PLAINTIFF’S
`OPPOSITION TO DEFENDANTS’ MOTION TO
`STRIKE CYWEE’S ALLEGEDLY UNTIMELY INFRINGEMENT CHARTS
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`I, Christopher L. Evans, declare as follows:
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`1. I am a partner at Shore Chan DePumpo LLP and counsel of record for CyWee in the
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`above-captioned matter. I am over the age of 21, and competent to make this declaration. All
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`the statements set forth herein are true and correct and are based upon my personal knowledge.
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`2. Attached as Exhibit A is a true and correct copy of CyWee’s infringement contentions,
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`served on July 12, 2017.
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`3. Attached as Exhibit B is a true and correct copy of Exhibit 1 to CyWee’s infringement
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`contentions showing in detail how the Samsung S7 Edge infringes claims of the ’438 patent.
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`4. Attached as Exhibit C is a true and correct copy of Exhibit 2 to CyWee’s infringement
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`contentions showing in detail how the Samsung S7 Edge infringes claims of the ’978 patent.
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`5. CyWee was unaware of the Galaxy J7 V when it served its original initial infringement
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`contentions. It appears that this product was released in March 2017.
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`Case 2:17-cv-00140-RWS-RSP Document 43-1 Filed 10/25/17 Page 2 of 4 PageID #: 814
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`6. CyWee could not obtain the Galaxy J7 (the accused 2017 edition) and the Galaxy S8
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`Active for reverse engineering before July 12, 2017 because these were new products. The
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`Galaxy J7 (2017) was released in the U.S. in July 2017, and the Galaxy S8 Active was released
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`in August 2017. See https://www.gsmarena.com/samsung_galaxy_j7_(2017)-8675.php;
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`https://www.androidauthority.com/samsung-galaxy-s8-active-specs-price-release-date-
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`790420.
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`7. Attached as Exhibit D is a true and correct copy of a letter received from Samsung’s
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`counsel to CyWee’s counsel, dated August 18, 2017.
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`8. CyWee could not obtain the Galaxy Note 7 for reverse engineering due to a worldwide
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`recall. See http://www.samsung.com/us/note7recall/.
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`9. Attached as Exhibit E is a true and correct copy of correspondence between CyWee’s
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`counsel and Samsung’s counsel, dated September 5, 2017.
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`10. Attached as Exhibit F is a true and correct copy of correspondence from CyWee’s
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`counsel to Samsung’s counsel, dated September 18, 2017.
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`11. Attached as Exhibit G is a true and correct copy of Exhibit 29 to CyWee’s infringement
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`contentions showing in detail how the Samsung Note7 infringes claims of the ’438 patent. This
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`chart was served to Samsung’s counsel on September 18, 2017.
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`12. Attached as Exhibit H is a true and correct copy of Exhibit 30 to CyWee’s
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`infringement contentions showing in detail how the Samsung Note7 infringes claims of the
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`’978 patent. This chart was served to Samsung’s counsel on September 18, 2017.
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`13. Attached as Exhibit I is a true and correct copy of Exhibit 31 to CyWee’s infringement
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`contentions showing in detail how the Samsung Galaxy J7 infringes claims of the ’438 patent.
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`This chart was served to Samsung’s counsel on September 18, 2017.
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`Case 2:17-cv-00140-RWS-RSP Document 43-1 Filed 10/25/17 Page 3 of 4 PageID #: 815
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`14. Attached as Exhibit J is a true and correct copy of Exhibit 32 to CyWee’s infringement
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`contentions showing in detail how the Samsung Galaxy J7 infringes claims of the ’978 patent.
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`This chart was served to Samsung’s counsel on September 18, 2017.
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`15. Attached as Exhibit K is a true and correct copy of Exhibit 33 to CyWee’s infringement
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`contentions showing in detail how the Samsung Galaxy J7 V infringes claims of the ’438
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`patent. This chart was served to Samsung’s counsel on September 18, 2017.
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`16. Attached as Exhibit L is a true and correct copy of Exhibit 34 to CyWee’s infringement
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`contentions showing in detail how the Samsung Galaxy J7 V infringes claims of the ’978
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`patent. This chart was served to Samsung’s counsel on September 18, 2017.
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`17. Attached as Exhibit M is a true and correct copy of Exhibit 35 to CyWee’s
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`infringement contentions showing in detail how the Samsung Galaxy S8 Active infringes
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`claims of the ’438 patent. This chart was served to Samsung’s counsel on September 18, 2017.
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`18. Attached as Exhibit N is a true and correct copy of Exhibit 36 to CyWee’s infringement
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`contentions showing in detail how the Samsung Galaxy S8 Active infringes claims of the ’978
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`patent. This chart was served to Samsung’s counsel on September 18, 2017.
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`19. CyWee wanted to obtain each accused phone to independently confirm that each
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`phone contained hardware required by the patents-in-suit, including a 6-axis or 9-axis motion
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`sensor module and to independently confirm the specific sensors contained in each phone. To
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`do this required the installation of specialized software on each phone, and CyWee was unable
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`to obtain this information without a physical sample of each device.
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`Case 2:17-cv-00140-RWS-RSP Document 43-1 Filed 10/25/17 Page 4 of 4 PageID #: 816
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`I declare under penalty of perjury under the laws of the United States that the foregoing
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`is true and correct to the best of my knowledge.
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`Dated: October 25, 2017
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`/s/ Christopher Evans
`Christopher Evans
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