`
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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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`vs.
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`HTC CORPORATION,
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`CASE NO. 2:17-CV-514-JRG
`(LEAD CASE)
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`JURY TRIAL DEMANDED
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`
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`Defendant.
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`DECLARATION OF KYLE R. CANAVERA IN SUPPORT OF DEFENDANT
`HTC CORPORATION’S MOTION FOR SUMMARY JUDGMENT
`OF NO PRE-SUIT INDIRECT INFRINGEMENT
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`Case 2:17-cv-00514-JRG Document 124-2 Filed 01/28/19 Page 2 of 4 PageID #: 8628
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`I, Kyle R. Canavera, hereby declare as follows:
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`1.
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`I am an attorney at the law firm of Perkins Coie LLP and counsel of record for
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`HTC Corporation (“HTC Corp.”) in the above entitled matter. I am a member of good standing
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`of the California and United States Patent and Trademark Bar and am admitted to practice in the
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`Eastern District of Texas.
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`2.
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`I make this declaration in support of HTC Corp.’s Motion for Summary Judgment
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`of No Pre-Suit Direct Infringement.
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`3.
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`Attached hereto as Exhibit 1 is a true and correct copy of excerpts of the Expert
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`Report of Joseph McAlexander Regarding Infringement, dated December 14, 2018.
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`4.
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`Attached hereto as Exhibit 2 is a true and correct copy of excerpts of the Damages
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`Expert Report of Alan Ratliff, dated December 14, 2018.
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`5.
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`Attached hereto as Exhibit 3 is a true and correct copy of excerpts of HTC Corp.’s
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`Second Set of Interrogatories, dated November 7, 2018.
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`6.
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`Attached hereto as Exhibit 4 is a true and correct copy of excerpts of AGIS’s
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`Responses to HTC Corp.’s Second Set of Interrogatories, dated December 7, 2018.
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`7.
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`Attached hereto as Exhibit 5 is a true and correct copy of excerpts of HTC Corp.’s
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`First Set of Requests for Admission, dated November 7, 2018.
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`8.
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`Attached hereto as Exhibit 6 is a true and correct copy of excerpts of AGIS’s
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`Responses to HTC Corp.’s First Set of Requests for Admission, dated December 7, 2018.
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`9.
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`Attached hereto as Exhibit 7 is a true and correct copy of excerpts of the
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`deposition transcript of Christopher Rice, taken on October 9, 2018.
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`10.
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`Attached hereto as Exhibit 8 is a true and correct copy of excerpts of the
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`deposition transcript of Eric Armstrong, taken on October 11, 2018.
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`2
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`Case 2:17-cv-00514-JRG Document 124-2 Filed 01/28/19 Page 3 of 4 PageID #: 8629
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`11.
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`Attached hereto as Exhibit 9 is a true and correct copy of excerpts of the
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`deposition transcript of Sandel Blackwell Dep. Tr., taken on October 15, 2018.
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`12.
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`Attached hereto as Exhibit 10 is a true and correct copy of excerpts of the
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`deposition transcript of Rebecca Clark, taken on October 16, 2018.
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`13.
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`Attached hereto as Exhibit 11 is a true and correct copy of excerpts of the
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`deposition transcript of Ronald Wisneski, taken on October 17, 2018.
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`14.
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`Attached hereto as Exhibit 12 is a true and correct copy of excerpts of the
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`deposition transcript of Margaret Beyer, taken on October 23, 2018.
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`15.
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`Attached hereto as Exhibit 13 is a true and correct copy of excerpts of the
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`deposition transcript of Malcolm Beyer, taken on October 23, 2018.
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`16.
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`Attached hereto as Exhibit 14 is a true and correct copy of excerpts of the
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`deposition transcript of James Fordyce, taken on November 7, 2018.
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`17.
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`Attached hereto as Exhibit 15 is a true and correct copy of excerpts of the
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`deposition transcript of Wan-Lin Yu (Lynn Yu), taken on October 4, 2018.
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`18.
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`Attached hereto as Exhibit 16 is a true and correct copy of excerpts of AGIS’s
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`Notice of 30(b)(6) Deposition of HTC Corporation, dated March 8, 2018.
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`19.
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`Attached hereto as Exhibit 17 is a true and correct copy of the November 13, 2018
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`Letter from Matt Bernstein to Vincent Rubino.
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`20.
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`Attached hereto as Exhibit 18 is a true and correct copy of the November 28, 2018
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`Letter from Vincent Rubino to Matt Bernstein.
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`21.
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`Attached hereto as Exhibit 19 is a true and correct copy of the December 4, 2018
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`Letter from Matt Bernstein to Vincent Rubino.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`3
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`Case 2:17-cv-00514-JRG Document 124-2 Filed 01/28/19 Page 4 of 4 PageID #: 8630
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`Executed this 25th day of January, 2019, in San Diego, California.
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`/s/ Kyle R. Canavera
`Kyle R. Canavera
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`4
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