Case 2:17-cv-00513-JRG Document 253-1 Filed 01/02/19 Page 1 of 5 PageID #: 15951
`
`
`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
`
`
`
`
`
`Case No. 2:17-CV-0516-JRG
`(CONSOLIDATED CASE)
`
`JURY TRIAL DEMANDED
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`DECLARATION OF ALFRED R. FABRICANT IN SUPPORT OF
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT, LLC’S RESPONSE IN OPPOSITION
`TO APPLE INC.’S SEALED MOTION TO STRIKE PORTIONS OF THE
`OPENING EXPERT REPORT OF MR. JOSEPH MCALEXANDER THAT RELY
`ON UNTIMELY DISCLOSED INFRINGEMENT THEORIES (DKT. 232)
`
`I, Alfred R. Fabricant, hereby declare as follows:
`
`APPLE, INC.,
`
`
`Defendant.
`
`
`
`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 Response in Opposition to Apple
`
`Inc.’s Sealed Motion to Strike Portions of the Opening Expert Report of Mr. Joseph McAlexander
`
`that Rely on Untimely Disclosed Infringement Theories (Dkt. 232). 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.
`
`
`
`
`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
`
`
`
`
`
`Case No. 2:17-CV-0516-JRG
`(CONSOLIDATED CASE)
`
`JURY TRIAL DEMANDED
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`DECLARATION OF ALFRED R. FABRICANT IN SUPPORT OF
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT, LLC’S RESPONSE IN OPPOSITION
`TO APPLE INC.’S SEALED MOTION TO STRIKE PORTIONS OF THE
`OPENING EXPERT REPORT OF MR. JOSEPH MCALEXANDER THAT RELY
`ON UNTIMELY DISCLOSED INFRINGEMENT THEORIES (DKT. 232)
`
`I, Alfred R. Fabricant, hereby declare as follows:
`
`APPLE, INC.,
`
`
`Defendant.
`
`
`
`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 Response in Opposition to Apple
`
`Inc.’s Sealed Motion to Strike Portions of the Opening Expert Report of Mr. Joseph McAlexander
`
`that Rely on Untimely Disclosed Infringement Theories (Dkt. 232). 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.
`
`
`
`Case 2:17-cv-00513-JRG Document 253-1 Filed 01/02/19 Page 2 of 5 PageID #: 15952
`
`3.
`
`Attached hereto as Exhibit A is a true and correct copy of annotated excerpts of
`
`Exhibit A to AGIS’s September 21, 2018 Amended Infringement Contentions Against Apple
`
`Accused Products Regarding the ’970 Patent.
`
`4.
`
`Attached hereto as Exhibit B is a true and correct copy of annotated excerpts of
`
`Exhibit B to AGIS’s September 21, 2018 Amended Infringement Contentions Against Apple
`
`Accused Products Regarding the ’055 Patent.
`
`5.
`
`Attached hereto as Exhibit C is a true and correct copy of annotated excerpts of
`
`Exhibit D to AGIS’s September 21, 2018 Amended Infringement Contentions Against Apple
`
`Accused Products Regarding the ’838 Patent.
`
`6.
`
`Attached hereto as Exhibit D is a true and correct copy of annotated excerpts of
`
`Exhibit A to AGIS’s September 18, 2017 Amended Infringement Contentions Against Apple
`
`Accused Products Regarding the ’970 Patent.
`
`7.
`
`Attached hereto as Exhibit E is a true and correct copy of annotated excerpts of
`
`Exhibit B to AGIS’s September 18, 2017 Amended Infringement Contentions Against Apple
`
`Accused Products Regarding the ’055 Patent.
`
`8.
`
`Attached hereto as Exhibit F is a true and correct copy of annotated excerpts of
`
`Exhibit D to AGIS’s April 20, 2018 Amended Infringement Contentions Against Apple Accused
`
`Products Regarding the ’838 Patent.
`
`9.
`
`Attached hereto as Exhibit G is a true and correct copy of a December 1, 2017
`
`correspondence from Kerri-Ann Limbeek (Counsel for Apple) to Vincent J. Rubino, III (Counsel
`
`for AGIS) regarding the availability of Apple’s source code for inspection.
`
`2
`
`
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`Case 2:17-cv-00513-JRG Document 253-1 Filed 01/02/19 Page 3 of 5 PageID #: 15953
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`10.
`
`Attached hereto as Exhibit H is a true and correct copy of a December 28, 2017
`
`correspondence from Kerri-Ann Limbeek (Counsel for Apple) to Vincent J. Rubino, III (Counsel
`
`for AGIS) regarding the production of Apple’s source code documents.
`
`11.
`
`Attached hereto as Exhibit I is a true and correct copy of a January 8, 2018 e-mail
`
`correspondence from Kerri-Ann Limbeek (Counsel for Apple) to Enrique W. Iturralde (Counsel
`
`for AGIS) regarding the availability of additional Apple source code for inspection on January 9,
`
`2018.
`
`12.
`
`Attached hereto as Exhibit J is a true and correct copy of a February 21, 2018 e-
`
`mail correspondence from Kerri-Ann Limbeek (Counsel for Apple) to Enrique W. Iturralde
`
`(Counsel for AGIS) regarding the availability of “additional source code relating to the Family
`
`Sharing feature” for inspection on February 22, 2018.
`
`13.
`
`Attached hereto as Exhibit K is a true and correct copy of a July 13, 2018 e-mail
`
`correspondence from Kerri-Ann Limbeek (Counsel for Apple) to Enrique W. Iturralde (Counsel
`
`for AGIS) regarding the availability of additional Apple source code for inspection on July 16,
`
`2018.
`
`14.
`
`Attached hereto as Exhibit L is a true and correct copy of a January 12, 2018
`
`correspondence from Kerri-Ann Limbeek (Counsel for Apple) to Vincent J. Rubino, III (Counsel
`
`for AGIS) regarding an additional production of Apple’s source code documents.
`
`15.
`
`Attached hereto as Exhibit M is a true and correct copy of a March 9, 2018
`
`correspondence from Brian D. Matty (Counsel for Apple) to Vincent J. Rubino, III (Counsel for
`
`AGIS) regarding an additional production of Apple’s source code documents.
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`3
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`Case 2:17-cv-00513-JRG Document 253-1 Filed 01/02/19 Page 4 of 5 PageID #: 15954
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`16.
`
`Attached hereto as Exhibit N is a true and correct copy of an August 3, 2018
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`correspondence from Brian D. Matty (Counsel for Apple) to Enrique W. Iturralde (Counsel for
`
`AGIS) regarding an additional production of Apple’s source code documents.
`
`17.
`
`Attached hereto as Exhibit O is a true and correct copy of an August 22, 2018
`
`correspondence from Kerri-Ann Limbeek (Counsel for Apple) to Enrique W. Iturralde (Counsel
`
`for AGIS) regarding an additional production of Apple’s source code documents.
`
`18.
`
`Attached hereto as Exhibit P is a true and correct copy of a chain of e-mail
`
`correspondence between Counsel for AGIS and Counsel for Apple during the period of November
`
`12, 2018 to December 7, 2018.
`
`19.
`
`Attached hereto as Exhibit Q is a true and correct copy of a November 8, 2017
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`correspondence from Vincent J. Rubino, III (Counsel for AGIS) to Brian D. Matty (Counsel for
`
`Apple) regarding Apple’s production of documents and things.
`
`20.
`
`Attached hereto as Exhibit R is a true and correct copy of a March 1, 2018
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`correspondence from Alessandra C. Messing (Counsel for AGIS) to Kerri-Ann Limbeek (Counsel
`
`for Apple) regarding alleged deficiencies in Apple’s document production.
`
`21.
`
`Attached hereto as Exhibit S is a true and correct copy of a March 10, 2018
`
`correspondence from Kerri-Ann Limbeek (Counsel for Apple) to Alessandra C. Messing (Counsel
`
`for AGIS) regarding Apple’s production of documents and source code.
`
`22.
`
`Attached hereto as Exhibit T is a true and correct copy of an August 1, 2018
`
`correspondence from Kerri-Ann Limbeek (Counsel for Apple) to Alessandra C. Messing (Counsel
`
`for AGIS) regarding Apple’s designation of Rule 30(b)(6) witnesses to testify, in part, concerning
`
`the Family Sharing features.
`
`4
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`
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`Case 2:17-cv-00513-JRG Document 253-1 Filed 01/02/19 Page 5 of 5 PageID #: 15955
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`23.
`
`Attached hereto as Exhibit U is a true and correct copy of annotated excerpts of
`
`Defendant Apple’s Fifth Supplemental Objections and Responses to Plaintiff’s First Set of
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`Interrogatories to Apple Inc. (Nos. 1-10) containing answers, in part, concerning the Family
`
`Sharing features.
`
`24.
`
`Attached hereto as Exhibit V is a true and correct copy of annotated excerpts of the
`
`Transcript of the August 29, 2018 Deposition of Rahul Zingde, Rule 30(b)(1) witness providing
`
`testimony, in part, concerning the Apple ID and Family Sharing features.
`
`25.
`
`Attached hereto as Exhibit W is a true and correct copy of annotated excerpts of the
`
`public version of Apple’s iCloud Terms and Conditions, retrieved on September 17, 2017 from
`
`Apple’s public website at https://www.apple.com/ca/legal/internet-services/icloud/en/terms.html,
`
`and produced to Apple with production number AGISTX_00007018 and pursuant to P.R. 3-2.
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`
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`I declare under penalty of perjury that the foregoing is true and correct to the best of my
`
`knowledge. Executed on December 31, 2018.
`
` /s/ Alfred R. Fabricant
` Alfred R. Fabricant
`
`
`
`5
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`
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