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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`CYWEE GROUP LTD.,
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`Plaintiff
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`v.
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`SAMSUNG ELECTRONICS CO. LTD.
`AND SAMSUNG ELECTRONICS
`AMERICA, INC.,
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`Defendants.
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`NO. 2:17-CV-00140-RWS-RSP
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`DECLARATION OF ELIZABETH L. BRANN IN SUPPORT OF DEFENDANTS
`SAMSUNG ELECTRONICS CO., LTD. AND SAMSUNG ELECTRONICS
`AMERICA, INC.’S OPPOSITION TO PLAINTIFF CYWEE GROUP LTD.’S
`MOTION TO COMPEL
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`I, Elizabeth L. Brann, hereby declare as follows:
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`I am an attorney at the law firm Paul Hastings LLP, counsel of record for Samsung
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`1.
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`Electronics Co., Ltd. and Samsung Electronics America, Inc. in this action. I have personal
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`knowledge of the facts herein and, if called as a witness, I could and would testify competently
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`as to their truth.
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`2.
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`Samsung’s September 11, 2017 responses and October 13, 2017 supplemental responses
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`to CyWee’s Interrogatory Nos. 7, 8, 10, and 19 each object to those interrogatories on the basis
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`that the interrogatory is “premature to the extent it seeks expert discovery in a manner
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`inconsistent with the Federal Rules of Civil Procedure and/or the Court’s procedural and
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`scheduling orders.”
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`3.
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`Samsung’s Interrogatory No. 12 asks for information underlying CyWee’s assertion that
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`it is entitled to a reasonable royalty. CyWee objected to that interrogatory “to the extent that [it]
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`seeks disclosure of expert information in advance of the applicable deadline for disclosure of
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`Case 2:17-cv-00140-RWS-RSP Document 51-1 Filed 12/14/17 Page 2 of 2 PageID #: 1371
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`expert information. Further, nowhere in its response to that interrogatory did CyWee identify or
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`even refer to the specific individual who would have negotiated on its behalf in the hypothetical
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`negotiation.
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`I declare under penalty of perjury under the laws of the State of California that the
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`foregoing is true and correct. Executed this 14th day of December, 2017 in San Diego,
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`California.
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`/s/ Elizabeth L. Brann
`Elizabeth L. Brann
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`-2-
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