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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`v.
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`HUAWEI DEVICE USA INC. ET AL.,
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`Defendants.
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`Case No. 2:17-CV-0513-JRG
`(LEAD CASE)
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`JURY TRIAL DEMANDED
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`Case No. 2:17-CV-0516-JRG
`(CONSOLIDATED CASE)
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`JURY TRIAL DEMANDED
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`DECLARATION OF ALFRED R. FABRICANT IN SUPPORT OF
`PLAINTIFF 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
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`I, Alfred R. Fabricant, hereby declare as follows:
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`APPLE, INC.,
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`Defendant.
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`1.
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`I am a member of Brown Rudnick LLP, lead counsel of record for Plaintiff AGIS
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`Software Development LLC (“AGIS”). I am admitted to practice before this Court. I submit this
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`declaration in support of AGIS Software Development LLC’s Motion to Strike the Expert Report
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`of Neil Siegel for Failure to Disclose Obviousness Combinations Based on the Siegel Patents. I
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`am familiar with the facts set forth herein.
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`2.
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`The exhibits attached to this declaration may contain annotations and/or excerpts
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`of the originals.
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`3.
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`Attached hereto as Exhibit A is a true and correct copy of Apple Inc.’s Final
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`Election of Prior Art References, dated August 29, 2018.
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`Case 2:17-cv-00513-JRG Document 234-1 Filed 12/14/18 Page 2 of 2 PageID #: 14049
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`4.
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`Attached hereto as Exhibit B is a true and correct copy of excerpts of the Expert
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`Report of Neil G. Siegel Regarding the Invalidity of U.S. Patent Nos. 9,467,838; 9,749,829;
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`9,408,055; and 9,445,251, dated October 29, 2018.
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`5.
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`Attached hereto as Exhibit C is a true and correct copy of excerpts of the Transcript
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`of the November 14, 2018 Deposition of Neil Siegel.
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`I declare under penalty of perjury that the foregoing is true and correct to the best of my
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`knowledge. Executed on December 14, 2018.
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` /s/ Alfred R. Fabricant
` Alfred R. Fabricant
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`2
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