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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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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
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`§
`Case No. 2:17-CV-0513-JRG
`§
`(LEAD CASE)
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`§
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`§
`JURY TRIAL DEMANDED
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`§
`§
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`APPLE, INC.,
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`Defendant.
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`Case No. 2:17-CV-0516-JRG
`(CONSOLIDATED CASE)
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`JURY TRIAL DEMANDED
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`DECLARATION OF ALFRED R. FABRICANT IN SUPPORT OF
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT, LLC’S REPLY REGARDING
`ITS OPPOSED MOTION TO STRIKE PORTIONS OF THE EXPERT REPORT
`OF NEIL SIEGEL RELATING TO THE UNDISCLOSED THEORY
`BASED ON “DYNAMICALLY ELECTING SERVERS” (DKT. 233)
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`I, Alfred R. Fabricant, hereby declare as follows:
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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 Reply Regarding its Opposed
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`Motion to Strike the Expert Report of Neil Siegel Relating to the Undisclosed Theory Based on
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`“Dynamically Electing Servers” (Dkt. 233). 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 H is a true and correct copy of excerpts of the transcript
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`of the deposition of Dr. Neil G. Siegel, pages 195-196, dated November 14, 2018.
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`Case 2:17-cv-00513-JRG Document 280-1 Filed 01/11/19 Page 2 of 2 PageID #: 18705
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`4.
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`Attached hereto as Exhibit I is a true and correct copy of Exhibit E-14 to Apple
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`Inc.’s Amended Invalidity Contentions, dated April 16, 2018.
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`5.
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`Attached hereto as Exhibit J is a true and correct copy of excerpts of the transcript
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`of the deposition of Dr. Neil G. Siegel, pages 102-103, and 202, dated November 14, 2018.
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`6.
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`Attached hereto as Exhibit K is a true and correct copy of an email dated November
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`13, 2018 from Vincent J. Rubino, III to Ameet Modi.
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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 January 11, 2019.
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` /s/ Alfred R. Fabricant
` Alfred R. Fabricant
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`2
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