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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`v.
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`HTC CORPORATION,
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`Defendant.
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`LG ELECTRONICS INC.,
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`Defendant.
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`Case No. 2:17-CV-0514-JRG
`(LEAD CASE)
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`JURY TRIAL DEMANDED
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`Case No. 2:17-CV-0515-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 OPPOSED MOTION
`TO STRIKE EXPERT REPORT OF SCOTT ANDREWS FOR UNDISCLOSED
`OBVIOUSNESS COMBINATIONS AND FAILURE TO ADHERE TO DEFENDANTS’
`FINAL ELECTION OF PRIOR ART REFERENCES
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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’s Opposed Motion to Strike Expert Report of Scott Andrews for
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`Undisclosed Obviousness Combinations and Failure to Adhere to Defendants’ Final Election of
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`Prior Art References. 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 annotated excerpts of
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`Defendant LG Electronics, Inc.’s Amended Invalidity Contentions, dated January 17, 2019.
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`Case 2:17-cv-00514-JRG Document 108-1 Filed 01/25/19 Page 2 of 3 PageID #: 4433
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`4.
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`Attached hereto as Exhibit B is a true and correct copy of annotated excerpts of
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`Defendant HTC Corporation’s Invalidity Contentions, dated March 15, 2018.
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`5.
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`Attached hereto as Exhibit C is a true and correct copy of annotated excerpts of the
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`Expert Report of Scott Andrews.
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`6.
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`Attached hereto as Exhibit D is a true and correct copy of the Docket Control Order
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`in AGIS Software Development LLC v. HTC Corporation, 2:17-cv-00514-JRG (E.D. Tex.), Dkt.
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`39.
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`7.
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`Attached hereto as Exhibit E is a true and correct copy of the Docket Control Order
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`in AGIS Software Development LLC v. Huawei Device U.S.A., et al., 2:17-cv-00513-JRG (E.D.
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`Tex.), Dkt. 85.
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`8.
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`Attached hereto as Exhibit F is a true and correct copy of Plaintiff AGIS Software
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`Development LLC’s Final Election of Asserted Claims Regarding Defendant HTC Corporation,
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`dated August 15, 2018.
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`9.
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`Attached hereto as Exhibit G is a true and correct copy of Plaintiff AGIS Software
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`Development LLC’s Final Election of Asserted Claims Regarding Defendant LG Electronics, Inc.,
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`dated August 15, 2018.
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`10.
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`Attached hereto as Exhibit H is a true and correct copy of Defendant LG
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`Electronics, Inc.’s Second Election of Prior Art References, dated August 29, 2018.
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`11.
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`Attached hereto as Exhibit I is a true and correct copy of Defendant HTC
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`Corporation’s Second Election of Prior Art References, dated August 29, 2018.
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`12.
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`Attached hereto as Exhibit J is a true and correct copy of an email from Bonnie
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`Phan to AGIS, dated August 21, 2018.
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`2
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`Case 2:17-cv-00514-JRG Document 108-1 Filed 01/25/19 Page 3 of 3 PageID #: 4434
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`13.
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`Attached hereto as Exhibit K is a true and correct copy of an email from Miguel
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`Bombach to AGIS, dated November 20, 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 January 25, 2019.
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` /s/ Alfred R. Fabricant
` Alfred R. Fabricant
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`3
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