`
`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
`
`§§§§§§§§§
`
`§§§§§§§§§
`
`AGIS SOFTWARE DEVELOPMENT, LLC
`
`Plaintiff,
`
`v.
`
`HTC CORPORATION, et al.
`
`Defendant.
`AGIS SOFTWARE DEVELOPMENT, LLC
`
` Plaintiff,
`
`v.
`
`LG ELECTRONICS INC.
`
` Defendant.
`
`DECLARATION OF BONNIE PHAN IN SUPPORT OF
`LG ELECTRONICS INC.’S MOTION FOR SUMMARY JUDGMENT
`
`I, Bonnie Phan, state and declare as follows:
`
`1.
`
`I am an attorney with Arnold & Porter Kaye Scholer LLP (“APKS”), counsel of
`
`record for Defendant LG Electronics Inc. (“LGEKR”). I am a member of the Bar of the State of
`
`California and have been admitted pro hac vice to practice in the United States District Court for
`
`the Eastern District of Texas. I provide this declaration in support of Defendant LGEKR’s
`
`motion for summary judgment. I have personal knowledge of the matters stated in this
`
`declaration and would testify competently and truthfully to them if called upon to do so.
`
`1
`
`
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`Case 2:17-cv-00514-JRG Document 135-4 Filed 01/29/19 Page 2 of 3 PageID #: 9685
`
`2.
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`Attached hereto as Exhibit 1 is a true and correct copy of AGIS’s Infringement
`
`Contentions cover pleading, dated December 19, 2018.
`
`3.
`
`Attached hereto as Exhibit 2 is a true and correct copy of excerpts of Exhibit A to
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`AGIS’s Infringement Contentions regarding U.S. Patent No. 8,213,970, dated December 19,
`
`2018.
`
`4.
`
`Attached hereto as Exhibit 3 is a true and correct copy of excerpts of Exhibit B to
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`AGIS’s Infringement Contentions regarding U.S. Patent No. 9,408,055, dated November 28,
`
`2017.
`
`5.
`
`Attached hereto as Exhibit 4 is a true and correct copy of excerpts of Exhibit C to
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`AGIS’s Infringement Contentions regarding U.S. Patent No. 9,445,251, dated November 28,
`
`2017.
`
`6.
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`Attached hereto as Exhibit 5 is a true and correct copy of excerpts of Exhibit D to
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`AGIS’s Infringement Contentions regarding U.S. Patent No. 9,467,838, dated November 28,
`
`2017.
`
`7.
`
`Attached hereto as Exhibit 6 is a true and correct copy of excerpts of the Expert
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`Report of Joseph C. McAlexander III Regarding Infringement of U.S. Patent Numbers:
`
`8,213,970; 9,408,055; 9,445,251; and 9,467,838, dated December 14, 2018.
`
`8.
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`Attached hereto as Exhibit 7 is a true and correct copy of Commercial Invoice and
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`Packing Lists produced by LGEKR in this litigation as LG_00296721, LGE_00296669,
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`LGE_00296670, LGE_00296671, and LGE_00296672.
`
`9.
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`Attached hereto as Exhibit 8 is a true and correct copy of excerpts of the transcript
`
`of the deposition of Cecelia Son, taken on December 5, 2018.
`
`2
`
`
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`Case 2:17-cv-00514-JRG Document 135-4 Filed 01/29/19 Page 3 of 3 PageID #: 9686
`
`10.
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`Attached hereto as Exhibit 9 is a true and correct copy of excerpts of LGEKR’s
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`Supplemental Objections and Responses to Plaintiff AGIS Software Development, LLC’s First
`
`Set of Interrogatories (Nos. 1-10), served on December 27, 2018.
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`11.
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`Attached hereto as Exhibit 10 is a true and correct copy of AGIS’s Supplemental
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`Objections and Responses to LGEKR’s First Set of Interrogatories (Nos. 1-13), served on
`
`December 6, 2018.
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`I declare under penalty of perjury that the foregoing is true and correct. Executed on this
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`25th day of January 2019 in Palo Alto, California.
`
`/s/ Bonnie Phan
`Bonnie Phan
`
`3
`
`