`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`HUAWEI DEVICE USA INC. ET AL.,
`
`
`Defendants.
`
`
`Case No. 2:17-CV-0513-JRG
`(LEAD CASE)
`
`
`JURY TRIAL DEMANDED
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`APPLE, INC.,
`
`
`Defendant.
`
`Case No. 2:17-CV-0516-JRG
`(CONSOLIDATED CASE)
`
`JURY TRIAL DEMANDED
`
`
`DECLARATION OF ALFRED R. FABRICANT IN SUPPORT OF
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT, LLC’S MOTION TO
`STRIKE PORTIONS OF THE EXPERT REPORT OF NEIL SIEGEL
`RELATING TO THE UNDISCLOSED INVALIDITY THEORY
`BASED ON “DYNAMICALLY ELECTING SERVERS”
`
`I, Alfred R. Fabricant, hereby declare as follows:
`
`
`
`1.
`
`I am a member of Brown Rudnick LLP, lead counsel of record for Plaintiff AGIS
`
`Software Development LLC (“AGIS”). I am admitted to practice before this Court. I submit this
`
`declaration in support of AGIS Software Development LLC’s Motion to Strike the Expert Report
`
`of Neil Siegel for Failure to Disclose Obviousness Combinations Based on the Siegel Patents. I
`
`am familiar with the facts set forth herein.
`
`2.
`
`The exhibits attached to this declaration may contain annotations and/or excerpts
`
`of the originals.
`
`3.
`
`Attached hereto as Exhibit A is a true and correct copy of excerpts of Exhibit D-14
`
`to Apple’s Amended Invalidity Contentions, dated April 16, 2018.
`
`
`
`Case 2:17-cv-00513-JRG Document 233-1 Filed 12/14/18 Page 2 of 2 PageID #: 13963
`
`4.
`
`Attached hereto as Exhibit B is a true and correct copy of excerpts of Apple Inc.’s
`
`Amended Invalidity Contentions, dated April 16, 2018.
`
`5.
`
`Attached hereto as Exhibit C is a true and correct copy of excerpts of the Expert
`
`Report of Neil G. Siegel Regarding the Invalidity of U.S. Patent Nos. 9,467,838; 9,749,829;
`
`9,408,055; and 9,445,251, dated October 29, 2018.
`
`6.
`
`Attached hereto as Exhibit D is a true and correct copy of a document bearing
`
`production numbers SIEGEL000794 to SIEGEL000795.
`
`7.
`
`Attached hereto as Exhibit E is a true and correct copy of a document bearing
`
`production numbers SIEGEL001003 to SIEGEL001005.
`
`8.
`
`Attached hereto as Exhibit F is a true and correct copy of a letter dated October 26,
`
`2018 from Kerri-Ann Limbeek to Vincent J. Rubino, III
`
`9.
`
`Attached hereto as Exhibit G is a true and correct copy of excerpts of the transcript
`
`of the deposition of Dr. Neil G. Siegel, dated November 14, 2018.
`
`
`
`I declare under penalty of perjury that the foregoing is true and correct to the best of my
`
`knowledge. Executed on December 14, 2018.
`
` /s/ Alfred R. Fabricant
`
` Alfred R. Fabricant
`
`2
`
`
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