Case 2:17-cv-00514-JRG Document 124-7 Filed 01/28/19 Page 1 of 5 PageID #: 8648
`Case 2:17-cv-00514-JRG Document 124-7 Filed 01/28/19 Page 1 of 5 PageID #: 8648
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`
` EXHIBIT 5
`EXHIBIT 5
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`Case 2:17-cv-00514-JRG Document 124-7 Filed 01/28/19 Page 1 of 5 PageID #: 8648
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`
` EXHIBIT 5
`EXHIBIT 5
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`Case 2:17-cv-00514-JRG Document 124-7 Filed 01/28/19 Page 2 of 5 PageID #: 8649
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT, LLC,
`
`
`
`Plaintiff,
`
`v.
`
`HTC CORPORATION,
`
`Defendant.
`
`CASE NO. 2:17-CV-0514-JRG
`(LEAD CASE)
`
`
`JURY TRIAL DEMANDED
`
`DEFENDANT HTC CORPORATION’S FIRST SET OF REQUESTS FOR ADMISSION
`
`Pursuant to Rule 36 of the Federal Rules of Civil Procedure, Defendant HTC
`
`Corporation, (“HTC”) through its counsel, hereby requests that Plaintiff AGIS Software
`
`Development, LLC (“AGIS”) admit the following requests for admission within thirty (30) days
`
`in writing, under oath, and in conformity with the Definitions and Instructions set forth below.
`
`DEFINITIONS
`
`The following definitions shall apply throughout these requests for admission, regardless
`
`of whether upper or lower-case letters are used:
`
`1. “AGIS Software Development, LLC,” “AGIS,” “You,” or “Your” refers to Plaintiff
`
`AGIS Software Development, LLC, including without limitation all subsidiaries, parents,
`
`affiliates, and all past or present directors, officers, attorneys, agents, representatives, employees,
`
`and consultants.
`
`2. “Advanced Ground Information Systems, Inc.” or “AGIS Inc.” or “AGIS FL” refers to
`
`Advanced Ground Information Systems, Inc., including without limitation all subsidiaries,
`
`parents, affiliates, and all present or past directors, officers, attorneys, agents, representatives,
`
`employees, and consultants.
`
`- 1 -
`
`
`
`Case 2:17-cv-00514-JRG Document 124-7 Filed 01/28/19 Page 3 of 5 PageID #: 8650
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`REQUESTS FOR ADMISSION
`
`REQUEST FOR ADMISSION NO. 1:
`
`Admit that no representative from AGIS sent notice to HTC Corporation identifying any
`
`of the Patents-in-Suit prior to AGIS’s filing of its complaint alleging patent infringement against
`
`HTC Corporation (filed on June 21, 2017).
`
`REQUEST FOR ADMISSION NO. 2:
`
`Admit that no representative from any of AGIS’s companies sent notice to HTC
`
`Corporation identifying any of the Patents-in-Suit prior to AGIS’s filing of its complaint alleging
`
`patent infringement against HTC Corporation (filed on June 21, 2017).
`
`REQUEST FOR ADMISSION NO. 3:
`
`Admit that no representative from any of AGIS’s companies sent notice to HTC
`
`Corporation identifying any patent assigned to any of AGIS’s Companies prior to AGIS’s filing
`
`of its complaint alleging patent infringement against HTC Corporation (filed on June 21, 2017).
`
`REQUEST FOR ADMISSION NO. 4:
`
`Admit that HTC Corporation did not receive notice of any of the Patents-in-Suit prior to
`
`AGIS’s filing of its complaint alleging patent infringement against HTC Corporation (filed on
`
`June 21, 2017).
`
`REQUEST FOR ADMISSION NO. 5:
`
`Admit that HTC Corporation did not receive notice alleging that HTC Corporation
`
`infringes any of the Patents-in-Suit prior to AGIS’s filing of its complaint alleging patent
`
`infringement against HTC Corporation (filed on June 21, 2017).
`
`- 9 -
`
`
`
`Case 2:17-cv-00514-JRG Document 124-7 Filed 01/28/19 Page 4 of 5 PageID #: 8651
`
`REQUEST FOR ADMISSION NO. 6:
`
`Admit that an attorney representing the’838 patent applicant stated to the United States
`
`Patent Office that “it is understood that the present application will be examined under the post-
`
`AIA, first-to-file provisions of the patent laws” in the prosecution of the ’838 patent (App. No.
`
`14/529978) in an April 25, 2016 Applicant Amendment.
`
`REQUEST FOR ADMISSION NO. 7:
`
`Admit that no representative from any of AGIS’s Companies made a representation to the
`
`United States Patent Office—after the statement identified in Request for Admission No. 6—that
`
`the ’838 patent should not be subject to the post-AIA, first-to-file provisions of the America
`
`Invents Act.
`
`REQUEST FOR ADMISSION NO. 8:
`
`Admit that an attorney representing the ’055 patent applicant stated to the United States
`
`Patent Office that “it is understood that the present application will be examined under the post-
`
`AIA, first-to-file provisions of the patent laws” in the prosecution of the ’055 patent (App. No.
`
`14/695233) in an October 30, 2015 Applicant Amendment.
`
`REQUEST FOR ADMISSION NO. 9:
`
`Admit that no representative from any of AGIS’s Companies made a representation to the
`
`United States Patent Office—after the statement identified in Request for Admission No. 8—that
`
`the ’055 patent should not be subject to the post-AIA, first-to-file provisions of the America
`
`Invents Act.
`
`REQUEST FOR ADMISSION NO. 10:
`
`Admit that an attorney representing the ’251 patent applicant stated to the United States
`
`Patent Office that “it is understood that the present application will be examined under the post-
`
`- 10 -
`
`
`
`Case 2:17-cv-00514-JRG Document 124-7 Filed 01/28/19 Page 5 of 5 PageID #: 8652
`
`Dated: November 7, 2018
`
`
`
`/s/ Miguel Bombach
`Matthew C. Bernstein, (Lead Attorney)
`CA State Bar No. 199240
`mbernstein@perkinscoie.com
`Miguel J. Bombach
`CA State Bar No. 274287
`mbombach@perkinscoie.com
`James Young Hurt (Pro Hac Vice)
`CA State Bar No. 312390
`jhurt@perkinscoie.com
`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`San Diego, CA 92130-2594
`Tel: (858) 720-5700
`Fax: (858) 720-5799
`
`Eric Findlay
`State Bar No. 00789886
`efindlay@findlaycraft.com
`Brian Craft
`State Bar No. 04972020
`bcraft@findlaycraft.com
`FINDLAY CRAFT, P.C.
`102 N. College Ave., Suite 900
`Tyler, TX 75702
`Tel: (903) 534-1100
`Fax: (903) 534-1137
`
`ATTORNEYS FOR DEFENDANT
`HTC CORPORATION
`
`
`- 46 -
`
`
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