`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`Plaintiff,
`
`vs.
`
`HTC CORPORATION,
`
`CASE NO. 2:17-CV-514-JRG
`(LEAD CASE)
`
`JURY TRIAL DEMANDED
`
`
`
`Defendant.
`
`
`DECLARATION OF KYLE R. CANAVERA
`IN SUPPORT OF DEFENDANT HTC CORPORATION’S
`MOTION FOR SUMMARY JUDGMENT OF NO DIRECT INFRINGEMENT
`AND NO INDIRECT INFRINGEMENT OF U.S. PATENT NO. 8,213,970
`
`
`
`
`
`Case 2:17-cv-00514-JRG Document 125-2 Filed 01/28/19 Page 2 of 3 PageID #: 8707
`
`
`
`
`I, Kyle R. Canavera, hereby declare as follows:
`
`1.
`
`I am an attorney at the law firm of Perkins Coie LLP and counsel of record for
`
`HTC Corporation (“HTC Corp.”) in the above entitled matter. I am a member of good standing
`
`of the California and United States Patent and Trademark Bar and am admitted to practice in the
`
`Eastern District of Texas.
`
`2.
`
`I make this declaration in support of HTC Corp.’s Motion for Summary Judgment
`
`of No Direct Infringement and No Indirect Infringement of U.S. Patent No. 8,213,970.
`
`3.
`
`Attached hereto as Exhibit 1 is a true and correct copy of excerpts of AGIS’s
`
`Final Election of Asserted Claims, dated August 15, 2018.
`
`4.
`
`Attached hereto as Exhibit 2 is a true and correct copy of excerpts of Exhibit A to
`
`AGIS’s Infringement Contentions Cover Pleading, dated December 19, 2018.
`
`5.
`
`Attached hereto as Exhibit 3 is a true and correct copy of “Official Android Blog:
`
`Find your lost phone with Android Device Manager,” identified by Bates numbers HTC-AGIS-
`
`064016 to HTC-AGIS-065017.
`
`6.
`
`Attached hereto as Exhibit 4 is a true and correct copy of excerpts of the
`
`deposition transcript of Joseph McAlexander, taken on January 22, 2019.
`
`7.
`
`Attached hereto as Exhibit 5 is a true and correct copy of excerpts of the Damages
`
`Expert Report of Alan Ratliff, dated December 14, 2018.
`
`8.
`
`Attached hereto as Exhibit 6 is a true and correct copy of excerpts of the Expert
`
`Report of Joseph McAlexander Regarding Infringement, dated December 14, 2018.
`
`9.
`
`Attached hereto as Exhibit 7 is a true and correct copy of the Declaration of
`
`Andrew Wolfe, dated January 24, 2019.
`
`
`
`2
`
`
`
`Case 2:17-cv-00514-JRG Document 125-2 Filed 01/28/19 Page 3 of 3 PageID #: 8708
`
`
`
`
`Attached hereto as Exhibit 8 is a true and correct copy of excerpts of Attachment
`
`10.
`
`A to the Expert Report of Joseph McAlexander Regarding Infringement, dated December 14,
`
`2018.
`
`11.
`
`Attached hereto as Exhibit 9 is a true and correct copy of excerpts of the
`
`deposition transcript of Yu-Ho Teng (Steven Teng), taken on October 5, 2018.
`
`12.
`
`Attached hereto as Exhibit 10 is a true and correct copy of a document identified
`
`by Bates number HTC-AGIS-060252.
`
`13.
`
`Attached hereto as Exhibit 11 is a true and correct copy of “Keeping you safe
`
`with Google Play Protect,” https://www.blog.google/products/android/google-play-protect/, as
`
`retrieved on January 18, 2019.
`
`14.
`
`Attached hereto as Exhibit 12 is a true and correct copy of excerpts of the
`
`deposition transcript (rough) of Alan Ratliff, taken on January 24, 2019.
`
`15.
`
`Attached hereto as Exhibit 13 is a true and correct copy of excerpts from HTC
`
`Corp.’s Second Supplemental Responses and Objections to AGIS’s Interrogatories, dated
`
`September 28, 2018.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed this 25th day of January, 2019, in San Diego, California.
`
`/s/ Kyle R. Canavera
`Kyle R. Canavera
`
`
`
`
`
`3
`
`
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