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Case 2:17-cv-00140-RWS-RSP Document 43-1 Filed 10/25/17 Page 1 of 4 PageID #: 813
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
` CASE NO. 2:17-cv-00140-RWS-RSP
`
`
`
`JURY TRIAL DEMANDED
`
`
`CYWEE GROUP LTD.,
`
`
`Plaintiff,
`
`SAMSUNG ELECTRONICS CO., LTD.
`AND
`SAMSUNG ELECTRONICS AMERICA,
`INC.
`
`
`Defendants.
`
`
`
`
`DECLARATION OF CHRISTOPHER L. EVANS IN SUPPORT OF PLAINTIFF’S
`OPPOSITION TO DEFENDANTS’ MOTION TO
`STRIKE CYWEE’S ALLEGEDLY UNTIMELY INFRINGEMENT CHARTS
`
`I, Christopher L. Evans, declare as follows:
`
`
`
`1. I am a partner at Shore Chan DePumpo LLP and counsel of record for CyWee in the
`
`above-captioned matter. I am over the age of 21, and competent to make this declaration. All
`
`the statements set forth herein are true and correct and are based upon my personal knowledge.
`
`2. Attached as Exhibit A is a true and correct copy of CyWee’s infringement contentions,
`
`served on July 12, 2017.
`
`3. Attached as Exhibit B is a true and correct copy of Exhibit 1 to CyWee’s infringement
`
`contentions showing in detail how the Samsung S7 Edge infringes claims of the ’438 patent.
`
`4. Attached as Exhibit C is a true and correct copy of Exhibit 2 to CyWee’s infringement
`
`contentions showing in detail how the Samsung S7 Edge infringes claims of the ’978 patent.
`
`5. CyWee was unaware of the Galaxy J7 V when it served its original initial infringement
`
`contentions. It appears that this product was released in March 2017.
`
`
`
`1
`
`

`

`Case 2:17-cv-00140-RWS-RSP Document 43-1 Filed 10/25/17 Page 2 of 4 PageID #: 814
`
`6. CyWee could not obtain the Galaxy J7 (the accused 2017 edition) and the Galaxy S8
`
`Active for reverse engineering before July 12, 2017 because these were new products. The
`
`Galaxy J7 (2017) was released in the U.S. in July 2017, and the Galaxy S8 Active was released
`
`in August 2017. See https://www.gsmarena.com/samsung_galaxy_j7_(2017)-8675.php;
`
`https://www.androidauthority.com/samsung-galaxy-s8-active-specs-price-release-date-
`
`790420.
`
`7. Attached as Exhibit D is a true and correct copy of a letter received from Samsung’s
`
`counsel to CyWee’s counsel, dated August 18, 2017.
`
`8. CyWee could not obtain the Galaxy Note 7 for reverse engineering due to a worldwide
`
`recall. See http://www.samsung.com/us/note7recall/.
`
`9. Attached as Exhibit E is a true and correct copy of correspondence between CyWee’s
`
`counsel and Samsung’s counsel, dated September 5, 2017.
`
`10. Attached as Exhibit F is a true and correct copy of correspondence from CyWee’s
`
`counsel to Samsung’s counsel, dated September 18, 2017.
`
`11. Attached as Exhibit G is a true and correct copy of Exhibit 29 to CyWee’s infringement
`
`contentions showing in detail how the Samsung Note7 infringes claims of the ’438 patent. This
`
`chart was served to Samsung’s counsel on September 18, 2017.
`
`12. Attached as Exhibit H is a true and correct copy of Exhibit 30 to CyWee’s
`
`infringement contentions showing in detail how the Samsung Note7 infringes claims of the
`
`’978 patent. This chart was served to Samsung’s counsel on September 18, 2017.
`
`13. Attached as Exhibit I is a true and correct copy of Exhibit 31 to CyWee’s infringement
`
`contentions showing in detail how the Samsung Galaxy J7 infringes claims of the ’438 patent.
`
`This chart was served to Samsung’s counsel on September 18, 2017.
`
`
`
`2
`
`

`

`Case 2:17-cv-00140-RWS-RSP Document 43-1 Filed 10/25/17 Page 3 of 4 PageID #: 815
`
`14. Attached as Exhibit J is a true and correct copy of Exhibit 32 to CyWee’s infringement
`
`contentions showing in detail how the Samsung Galaxy J7 infringes claims of the ’978 patent.
`
`This chart was served to Samsung’s counsel on September 18, 2017.
`
`15. Attached as Exhibit K is a true and correct copy of Exhibit 33 to CyWee’s infringement
`
`contentions showing in detail how the Samsung Galaxy J7 V infringes claims of the ’438
`
`patent. This chart was served to Samsung’s counsel on September 18, 2017.
`
`16. Attached as Exhibit L is a true and correct copy of Exhibit 34 to CyWee’s infringement
`
`contentions showing in detail how the Samsung Galaxy J7 V infringes claims of the ’978
`
`patent. This chart was served to Samsung’s counsel on September 18, 2017.
`
`17. Attached as Exhibit M is a true and correct copy of Exhibit 35 to CyWee’s
`
`infringement contentions showing in detail how the Samsung Galaxy S8 Active infringes
`
`claims of the ’438 patent. This chart was served to Samsung’s counsel on September 18, 2017.
`
`18. Attached as Exhibit N is a true and correct copy of Exhibit 36 to CyWee’s infringement
`
`contentions showing in detail how the Samsung Galaxy S8 Active infringes claims of the ’978
`
`patent. This chart was served to Samsung’s counsel on September 18, 2017.
`
`19. CyWee wanted to obtain each accused phone to independently confirm that each
`
`phone contained hardware required by the patents-in-suit, including a 6-axis or 9-axis motion
`
`sensor module and to independently confirm the specific sensors contained in each phone. To
`
`do this required the installation of specialized software on each phone, and CyWee was unable
`
`to obtain this information without a physical sample of each device.
`
`
`
`
`
`
`
`3
`
`

`

`Case 2:17-cv-00140-RWS-RSP Document 43-1 Filed 10/25/17 Page 4 of 4 PageID #: 816
`
`I declare under penalty of perjury under the laws of the United States that the foregoing
`
`is true and correct to the best of my knowledge.
`
`
`
`Dated: October 25, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Christopher Evans
`Christopher Evans
`
`
`
`
`
`4
`
`

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