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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 RESPONSE IN OPPOSITION
`TO APPLE INC.’S SEALED DAUBERT MOTION TO EXCLUDE THE
`OPINIONS OF MR. ALAN RATLIFF RELATING TO DAMAGES (DKT. 231)
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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 Response in Opposition to Apple
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`Inc.’s Sealed Daubert Motion to Exclude the Opinions of Mr. Alan Ratliff Relating to Damages
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`(Dkt. 231). I 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 excerpts of the Damages
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`Expert Report of Alan Ratliff on Behalf of AGIS with Respect to Apple.
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`Case 2:17-cv-00513-JRG Document 254-1 Filed 01/02/19 Page 2 of 2 PageID #: 16003
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`4.
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`Attached hereto as Exhibit B is a true and correct copy of excerpts of the Stoneturn
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`Exhibits and Workpapers to the Damages Expert Report of Alan Ratliff on Behalf of AGIS with
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`Respect to Apple.
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`5.
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`Attached hereto as Exhibit C is a true and correct copy of the Declaration of Alan
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`Ratliff, executed December 31, 2018.
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`6.
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`Attached hereto as Exhibit D is a true and correct copy of excerpts of the
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`Deposition of Alan Ratliff taken on December 7, 2018.
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`7.
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`Attached hereto as Exhibit E is a true and correct copy of excerpts of the Expert
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`Report of Joseph C. McAlexander III Regarding Infringement of U.S. Patent Numbers: 8,213,970;
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`9,408,055; 9,445,251; 9,467,838; and 9,749,829.
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`8.
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`Attached hereto as Exhibit F is a true and correct copy of the www.appannie.com
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`webpage for Family Tracker - iOS Store Top Apps.
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`9.
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`Attached hereto as Exhibit G is a true and correct copy of excerpts of the
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`Deposition of Joseph McAlexander III taken on December 7, 2018.
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`10.
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`Attached hereto as Exhibit H is a true and correct copy of excerpts of the
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`Deposition of Rahul Zingde taken on August 29, 2018.
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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 31, 2018.
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` /s/ Alfred R. Fabricant
` Alfred R. Fabricant
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`2
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