`Case 2:17-cv-00513-JRG Document 296-1 Filed 01/16/19 Page 1 of 3 PageID #: 19182
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`EXHIBIT 3
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`EXHIBIT 3
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`Case 2:17-cv-00513-JRG Document 296-1 Filed 01/16/19 Page 2 of 3 PageID #: 19183
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
` Plaintiff,
`
`v.
`
`HUAWEI DEVICE USA INC., et al.,
`
` Defendants.
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
` Plaintiff,
`
`v.
`
`APPLE INC.,
`
` Defendant.
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`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`Civil Action No. 2:17-CV-513-JRG
`(LEAD CASE)
`
`
`
`Civil Action No. 2:17-CV-516-JRG
`(CONSOLIDATED CASE)
`
`DECLARATION OF COSMIN MAIER IN SUPPORT OF APPLE INC.’S MOTION TO
`STRIKE THE UNTIMELY DECLARATION OF MR. ALAN RATLIFF ATTACHED TO
`DKT. 250 AS EXHIBIT C
`
`
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`Case 2:17-cv-00513-JRG Document 296-1 Filed 01/16/19 Page 3 of 3 PageID #: 19184
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`DECLARATION OF COSMIN MAIER
`I, Cosmin Maier, declare as follows:
`1.
`I am an attorney licensed to practice law in the state of New York. I am an
`attorney with the law firm Desmarais LLP, counsel of record for Apple Inc. (“Apple”) in the
`above-captioned matter, and I am admitted pro hac vice to this Court. The matters set forth
`below are within my personal knowledge, and if called upon as a witness I could and would
`testify competently as to each of them.
`2.
`On January 9, 2018, counsel for the parties, Apple and AGIS Software
`Development LLC (“AGIS”), held a teleconference to meet and confer regarding the declaration
`of Mr. Alan Ratliff that was attached to Dkt. No. 250 as Exhibit C (“Mr. Ratliff’s declaration”).
`3.
`Initially, counsel for AGIS asserted that Mr. Ratliff’s declaration did not contain
`any new “opinions.”
`4.
`After Apple’s counsel pointed out to AGIS’s counsel that Mr. Ratliff himself
`referred to his statements as “opinions” in paragraphs 2-3 of Mr. Ratliff’s declaration, AGIS
`shifted its position and stated that a motion to strike Mr. Ratliff’s declaration was inappropriate
`because AGIS would not seek to introduce the opinions in Mr. Ratliff’s declaration at trial.
`5.
`In response to AGIS’s apparent assertion that it would not seek to introduce any
`opinions from Mr. Ratliff’s declaration at trial, Apple sought a clear statement on the matter.
`AGIS then retreated from that position and stated that AGIS would reserve the right to rely on
`the opinions in Mr. Ratliff’s declaration because, according to AGIS, the new opinions were
`somehow proper. AGIS did not provide an explanation as to why the opinions in Mr. Ratliff’s
`declaration were proper.
`I declare under penalty of perjury that the foregoing is true and correct.
`Executed this 14th day of January, 2019.
`
`
`
`
`
` /s/ Cosmin Maier
`Cosmin Maier
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