Case 2:17-cv-00513-JRG Document 68-10 Filed 12/29/17 Page 1 of 7 PageID #: 1508
`Case 2:17-cv-00513-JRG Document 68-10 Filed 12/29/17 Page 1 of 7 PageID #: 1508
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`EXHIBIT 8
`EXHIBIT 8
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`Case 2:17-cv-00513-JRG Document 68-10 Filed 12/29/17 Page 1 of 7 PageID #: 1508
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`EXHIBIT 8
`EXHIBIT 8
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`Case 2:17-cv-00513-JRG Document 68-10 Filed 12/29/17 Page 2 of 7 PageID #: 1509
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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., HUAWEI
`DEVICE CO., LTD. AND HUAWEI DEVICE
`(DONGGUAN) CO., LTD.
`
`Defendants.
`
`LEAD CASE NO. 2:17-cv-513-JRG
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`JURY TRIAL DEMANDED
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`AGIS SOFTWARE DEVELOPMENT, LLC
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`MEMBER CASE NO. 2:17-cv-515-JRG
`
`Plaintiff,
`
`v.
`
`LG ELECTRONICS, INC.
`
`Defendant.
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`JURY TRIAL DEMANDED
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`DEFENDANT LG ELECTRONIC INC.’S INITIAL DISCLOSURES
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`Pursuant
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`to Rule 26(a)(1) of the Federal Rules of Civil Procedure Defendant LG
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`Electronics, Inc., by and through their undersigned counsel, hereby make the following initial
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`disclosures to Plaintiff AGIS Software Development, LLC (“AGIS”):
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`A.
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`The Correct Names Of The Parties To The Lawsuit
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`Based upon the information reasonably available to LG at the present time, the following
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`list contains the correct names of the current parties to this lawsuit:
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`AGIS Software Development, LLC
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`LG Electronics, Inc.
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`B.
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`The Name, Address, And Telephone Number Of Any Potential Parties
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`
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`Case 2:17-cv-00513-JRG Document 68-10 Filed 12/29/17 Page 3 of 7 PageID #: 1510
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`Based upon the information reasonably available to LG at the present time, LG is
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`unaware of any other persons or entities that should be named as potential parties to this lawsuit.
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`LG reserves the right to supplement this disclosure as the case and discovery proceed.
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`C.
`
`The Legal Theories And, In General, The Factual Bases Of LG’s Claims Or
`Defenses
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`Below are preliminary summaries of the legal theories and factual bases for LG’s
`
`defenses. These preliminary summaries should not be construed as final disclosures, as LG will
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`address its non-infringement and invalidity defenses, and other affirmative defenses, in the time
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`provided by a Docket Control Order, once entered by the Court, and as permitted under the
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`Federal Rules of Civil Procedure, the Local Rules, and the Patent Local Rules.
`
`In addition,
`
`because discovery is ongoing, many of the required disclosures in the case have yet to occur,
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`claim construction has yet to occur, and the subject matter of these preliminary summaries is
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`properly the subject of expert opinion, it would be premature to set forth in detail the legal
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`theories and factual bases for LG’s defenses and counterclaims. LG reserves the right to update
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`these legal theories and factual bases as new information becomes available.
`
`Based on the present state of the record and the discovery to date, LG asserts at least the
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`following defenses:
`
`1.
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`LG has not infringed and does not infringe any valid and enforceable claim of
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`U.S. Patent Nos. 8,213,970 (the “’970 Patent”), 9,408,055 (the “’055 Patent”),
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`9,445,251 (the “’251 Patent”), and 9,467,838 (the “’838 Patent”) (collectively,
`
`“Asserted Patents”) under any theory of infringement.
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`2.
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`Each asserted claim of the Asserted Patents is invalid because the alleged
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`invention(s) therein fail to satisfy the conditions for patentability specified in one
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`or more of 35 U.S.C. §§101, 102, 103, 112, and/or 113.
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`2
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`
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`Case 2:17-cv-00513-JRG Document 68-10 Filed 12/29/17 Page 4 of 7 PageID #: 1511
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`3.
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`By reason of the prior art and/or statements and representations made to the U.S.
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`Patent and Trademark Office during prosecution of the application(s) that led to
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`the issuance of the Asserted Patent, the claims are so limited that they cannot
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`properly be construed as covering any activity or product of LG.
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`4.
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`5.
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`AGIS’s claims for relief are barred or limited in whole or in part by equitable
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`defenses, including laches, waiver, estoppel, and/or unclean hands.
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`AGIS’s claim for injunctive relief is barred because there exists an adequate
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`remedy at law for AGIS’s allegations, and AGIS’s claims otherwise fail to meet
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`the requirements for such relief.
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`6.
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`AGIS is not entitled to a finding that this case is exceptional or to attorneys’fees
`
`under 35 U.S.C. §285, or pursuant to the Court’s inherent power.
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`LG reserves the right to supplement this disclosure and add more claims and defenses as
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`the case and discovery proceed.
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`D.
`
`The Name, Address, And Telephone Number Of Persons Having Knowledge Of
`Relevant Facts, A Brief Statement Of Each Identified Person’s Connection With
`The Case, And A Brief, Fair Summary Of The Substance Of The Information
`Known By Any Such Person
`
`The persons identified by LG as persons likely to have knowledge of relevant facts based
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`on the present state of the record and the discovery to date:
`
`Name, Location, and
`Contact Information
`Malcolm K. Beyer Jr.
`
`Title
`
`Unknown
`
`Christopher R. Rice
`
`Unknown
`
`Summary of Relevant Facts
`Likely to be Known
`May have knowledge related at
`least to the claimed invention,
`inventorship, and assignment of
`the Asserted Patents and to AGIS
`and its predecessor entities.
`May have knowledge related at
`least to the claimed invention,
`inventorship, and assignment of
`the Asserted Patents.
`
`3
`
`
`
`Case 2:17-cv-00513-JRG Document 68-10 Filed 12/29/17 Page 5 of 7 PageID #: 1512
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`Google LLC
`
`Witnesses identified in
`AGIS’s initial disclosures
`
`N/A
`
`N/A
`
`Witnesses from Google LLC who
`may have knowledge related to the
`functionality implicated in the
`accused applications
`Witnesses identified in AGIS’s
`initial disclosures as related to
`subjects on which they have been
`identified
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`LG expressly reserves the right to supplement, limit, or otherwise amend the above list,
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`particularly as the case is in its infancy and discovery has yet to commence.
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`E.
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`Any Indemnity And Insuring Agreements Under Which Any Person Or Entity
`Carrying On An Insurance Business May Be Liable To Satisfy Part Or All Of A
`Judgment Entered In This Action Or To Indemnify Or Reimburse For Payments
`Made To Satisfy The Judgment
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`LG is currently still investigating whether there exists any indemnity or insurance
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`agreement under which any person or entity carrying on an insurance business may be liable to
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`satisfy part or all of any judgment which may be entered in this action against LG or to
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`indemnify or reimburse LG for payments made to satisfy any judgment, and will supplement
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`these disclosures once the full scope of its investigation is complete.
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`F.
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`Any Settlement Agreements Relevant To The Subject Matter Of This Action
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`Based upon the information reasonably available to LG at the present time, LG is not
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`currently aware of any settlement agreements relevant to the subject matter of this action.
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`G.
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`Any Statement Of Any Party To The Litigation
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`Based upon the information reasonably available to LG at the present time, the current
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`record, and discovery to date, LG is not aware of any specific statements of any party to this
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`litigation.
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`LG reserves the right to supplement these disclosures in accordance with applicable
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`federal and local rules of procedures or court order, during the course of discovery, and upon
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`further investigation, as additional information becomes known or available.
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`4
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`
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`Case 2:17-cv-00513-JRG Document 68-10 Filed 12/29/17 Page 6 of 7 PageID #: 1513
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`Dated: December 22, 2017
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`Respectfully submitted by:
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`/s/JamesS. Blackburn
`James S. Blackburn
`James.blackburn@apks.com
`Nicholas H. Lee
`Nicholas.lee@apks.com
`ARNOLD & PORTER
`KAYE SCHOLER LLP
`777 South Figueroa Street
`44th Floor
`Los Angeles, CA 90017-5844
`Tel: 213-243-4000
`/s/MarkMann
`
`Michael A. Berta
`Michael.berta@apks.com
`ARNOLD & PORTER
`KAYE SCHOLER LLP
`Three Embarcadero Center
`10th Floor
`San Francisco, CA 94111-4024
`Tel: 415-471-3000
`
`Mark Mann
`SBN: 12926150
`mark@themannfirm.com
`G. Blake Thompson
`SBN: 24042033
`blake@themannfirm.com
`MANN TINDEL THOMPSON
`300 West Main Street
`Henderson, Texas 75652
`Tel: 903-657-8540
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`ATTORNEYS FOR DEFENDANT LG
`ELECTRONICS, INC.
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`5
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`Case 2:17-cv-00513-JRG Document 68-10 Filed 12/29/17 Page 7 of 7 PageID #: 1514
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`CERTIFICATE OF SERVICE
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`I hereby certify that on December 22, 2017 a true and correct copy of the above and
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`foregoing document has been served by email on:
`
`Alessandra Carcaterra Messing
`Brown Rudnick, LLP - New York
`Seven Times Square 47th Floor
`New York, NY 10036
`Email: amessing@brownrudnick.com
`
`Enrique William Iturralde
`Brown Rudnick, LLP - New York
`Seven Times Square 47th Floor
`New York, NY 10036
`Email: eiturralde@brownrudnick.com
`
`John Andrew Rubino
`Brown Rudnick, LLP - New York
`Seven Times Square 47th Floor
`New York, NY 10036
`Email: jrubino@brownrudnick.com
`
`Alfred Ross Fabricant
`Brown Rudnick, LLP - New York
`Seven Times Square 47th Floor
`New York, NY 10036
`Email: afabricant@brownrudnick.com
`
`Jennifer Leigh Truelove
`McKool Smith - Marshall
`P O Box O
`104 East Houston St., Suite 300
`Marshall, TX 75670
`Email: jtruelove@mckoolsmith.com
`
`Lawrence Chester Drucker
`Brown Rudnick, LLP - New York
`Seven Times Square 47th Floor
`New York, NY 10036
`Email: ldrucker@brownrudnick.com
`
`Peter Lambrianakos
`Brown Rudnick, LLP - New York
`Seven Times Square 47th Floor
`New York, NY 10036
`Email: plambrianakos@brownrudnick.com
`
`Vincent J Rubino , III
`Brown Rudnick, LLP - New York
`Seven Times Square 47th Floor
`New York, NY 10036
`Email: vrubino@brownrudnick.com
`
`Attorneys of Record for Agis Software Development LLC
`
`/s/ James S. Blackburn______________
`James S. Blackburn
`
`
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