`
`IN THE UNITED STATES DISTRICT COURT FOR
`THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`CASE NO. 2:17-cv-514-JRG
`(Lead Case)
`
`JURY TRIAL DEMANDED
`
`CASE NO. 2:17-CV-515-JRG
`(Member Case)
`
`JURY TRIAL DEMANDED
`
`§§§§§§§§§
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`§§§§§§§§§
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`AGIS SOFTWARE DEVELOPMENT, LLC
`
`Plaintiff,
`
`v.
`
`HTC CORPORATION, et al.
`
`Defendant.
`AGIS SOFTWARE DEVELOPMENT, LLC
`
` Plaintiff,
`
`v.
`
`LG ELECTRONICS INC.
`
` Defendant.
`
`DECLARATION OF NICHOLAS H. LEE IN SUPPORT OF DEFENDANT LG
`ELECTRONICS INC.’S MOTION FOR SUMMARY JUDGMENT OF
`NON-INFRINGMENT OF U.S. PATENT NO. 8,213,970
`
`I, Nicholas H. Lee, state and declare as follows:
`
`1.
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`I am a member of Arnold & Porter Kaye Scholer, LLP (“APKS”), counsel of
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`record for Defendant LG Electronics Inc. (“LGEKR”). I am a member of the Bar of the State of
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`California and have been admitted to practice in the United States District Court for the Eastern
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`District of Texas (“EDTX”). I provide this declaration in support of Defendant LGEKR’s
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`Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 8,213,970. I have
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`personal knowledge of the matters stated in this declaration and would testify competently and
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`truthfully to them if called upon to do so.
`
`1
`
`
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`Case 2:17-cv-00514-JRG Document 131-3 Filed 01/29/19 Page 2 of 2 PageID #: 9360
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`2.
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`Attached hereto as Exhibit 1 is a true and correct copy of Plaintiff’s Infringement
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`Contentions against LGEKR pursuant to Patent Local Rule 3-1, Exhibit A, served on December
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`19, 2018.
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`3.
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`Attached hereto as Exhibit 2 is a true and correct copy of excerpts from the
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`deposition transcript of Jaehong Pak, dated November 16, 2018.
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`4.
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`Attached hereto as Exhibit 3 is a true and correct copy of the Expert Report of
`
`Edward R. Tittel in Rebuttal to the Expert Report of Joseph McAlexander Regarding Alleged
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`Infringement of U.S. Patent Numbers: 8,213,970; 9,408,055; 9,445,251; and 9,467,838, served
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`on January 11, 2019.
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`5.
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`Attached hereto as Exhibit 4 is a true and correct copy of the Expert Report of
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`Joseph C. McAlexander III Regarding Infringement of U.S. Patent Numbers: 8,213,970;
`
`9,408,055; 9,445,251; and 9,467,838, and Attachment A, served December 14, 2018.
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`I declare under penalty of perjury that the foregoing is true and correct. Executed in Los
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`Angeles, California on January 25, 2019.
`
`/s/ Nicholas H. Lee
`Nicholas H. Lee
`Attorney for Defendant LG Electronics Inc.
`
`
`
`2
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`