Case 2:17-cv-00514-JRG Document 137-15 Filed 01/29/19 Page 1 of 10 PageID #: 9818
`Case 2:17-cv-00514—JRG Document 137-15 Filed 01/29/19 Page 1 of 10 PageID #: 9818
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`EXHIBIT N
`EXHIBIT N
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`Case 2:17-cv-00514—JRG Document 137-15 Filed 01/29/19 Page 1 of 10 PageID #: 9818
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`EXHIBIT N
`EXHIBIT N
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`Case 2:17-cv-00514-JRG Document 137-15 Filed 01/29/19 Page 2 of 10 PageID #: 9819
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`Plaintiff,
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`
`v.
`
`HTC CORPORATION,
`LG ELECTRONICS, INC.,
`
`
`
`
`Defendants.
`
`
`
`
`
`
`
`Civil Action No. 2:17-CV-514-JRG
`(Lead Case)
`
`Civil Action No. 2:17-CV-515-JRG
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`
`
`
`DEFENDANT LG ELECTRONICS, INC.’S SUPPLEMENTAL INITIAL DISCLOSURES
`
`Pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure Defendant LG
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`Electronics, Inc., by and through their undersigned counsel, hereby make the following
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`supplemental initial disclosures to Plaintiff AGIS Software Development, LLC (“AGIS”):
`
`A.
`
`The Correct Names Of The Parties To The Lawsuit
`
`Based upon the information reasonably available to LG at the present time, the following
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`list contains the correct names of the current parties to this lawsuit:
`
`AGIS Software Development, LLC
`
`LG Electronics, Inc.
`
`B.
`
`The Name, Address, And Telephone Number Of Any Potential Parties
`
`Based upon the information reasonably available to LG at the present time, LG is
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`unaware of any other persons or entities that should be named as potential parties to this lawsuit.
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`LG reserves the right to supplement this disclosure as the case and discovery proceed.
`
`1
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`
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`Case 2:17-cv-00514-JRG Document 137-15 Filed 01/29/19 Page 3 of 10 PageID #: 9820
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`C.
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`The Legal Theories And, In General, The Factual Bases Of LG’s Claims Or
`Defenses
`
`Below are preliminary summaries of the legal theories and factual bases for LG’s
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`defenses. These preliminary summaries should not be construed as final disclosures, as LG will
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`address its non-infringement and invalidity defenses, and other affirmative defenses, in the time
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`provided by the Docket Control Order, and as permitted under the Federal Rules of Civil
`
`Procedure, the Local Rules, and the Patent Local Rules. In addition, because discovery is
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`ongoing, many of the required disclosures in the case have yet to occur, claim construction is
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`ongoing, and the subject matter of these preliminary summaries is properly the subject of expert
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`opinion, it would be premature to set forth in detail the legal theories and factual bases for LG’s
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`defenses and counterclaims. LG reserves the right to update these legal theories and factual
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`bases as new information becomes available.
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`Based on the present state of the record and the discovery to date, LG asserts at least the
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`following defenses:
`
`1.
`
`LG is not subject to personal jurisdiction in the Eastern District of Texas and, in
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`the alternative, this action should be transferred to the Northern District of
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`California pursuant to 28 U.S.C. § 1404(a).
`
`2.
`
`LG has not infringed and does not infringe any valid and enforceable claim of
`
`U.S. Patent Nos. 8,213,970 (the “‘970 Patent”), 9,408,055 (the “‘055 Patent”),
`
`9,445,251 (the “‘251 Patent”), and 9,467,838 (the “‘838 Patent”) (collectively,
`
`“Asserted Patents”) under any theory of infringement.
`
`3.
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`Each asserted claim of the Asserted Patents is invalid because the alleged
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`invention(s) therein fail to satisfy the conditions for patentability specified in one
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`or more of 35 U.S.C. §§ 101, 102, 103, 112, and/or 113.
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`
`
`2
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`
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`Case 2:17-cv-00514-JRG Document 137-15 Filed 01/29/19 Page 4 of 10 PageID #: 9821
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`4.
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`By reason of the prior art and/or statements and representations made to the U.S.
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`Patent and Trademark Office during prosecution of the application(s) that led to
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`the issuance of the Asserted Patent, the claims are so limited that they cannot
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`properly be construed as covering any activity or product of LG.
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`AGIS’s claims for relief are barred or limited in whole or in part by equitable
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`defenses, including laches, waiver, estoppel, and/or unclean hands.
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`AGIS’s claim for injunctive relief is barred because there exists an adequate
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`remedy at law for AGIS’s allegations, and AGIS’s claims otherwise fail to meet
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`the requirements for such relief.
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`AGIS is not entitled to a finding that this case is exceptional or to attorneys’ fees
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`under 35 U.S.C. § 285, or pursuant to the Court’s inherent power.
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`LG reserves the right to supplement this disclosure and add more claims and
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`defenses as the case and discovery proceed.
`
`5.
`
`6.
`
`7.
`
`8.
`
`D.
`
`The Name, Address, And Telephone Number Of Persons Having Knowledge Of
`Relevant Facts, A Brief Statement Of Each Identified Person’s Connection With
`The Case, And A Brief, Fair Summary Of The Substance Of The Information
`Known By Any Such Person
`
`The persons identified by LG as persons likely to have knowledge of relevant facts based
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`on the present state of the record and the discovery to date:
`
`
`
`
`
`Name, Location, and
`
`Title
`
`Summary of Relevant Facts
`
`Contact Information
`
`LG Electronics
`
`
`
`MobileComm U.S.A., Inc.
`(“LGEMU”)
`
`Likely to be Known
`
`Witnesses from LGEMU have
`knowledge regarding the
`importation, testing, quality
`management, marketing, and sales
`of the accused LG devices in the
`
`3
`
`
`
`Case 2:17-cv-00514-JRG Document 137-15 Filed 01/29/19 Page 5 of 10 PageID #: 9822
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`Cecilia Son
`
`Director, Partner
`Engineering, LG
`Electronics Mobile
`Research U.S.A.,
`Inc. (“LGEMR”)
`
`Jaehong Pak
`
`Chief Research Engineer
`
`Jaeyoung Jang
`
`Senior Manager
`
`Sunho Ji
`
`Research Engineer
`
`Taekyung Hwang
`
`Manager
`
`Malcolm K. Beyer Jr.
`
`Unknown
`
`Christopher R. Rice
`
`Unknown
`
`
`
`4
`
`United States.
`
`Ms. Son and her team have
`knowledge regarding Android
`OS certification for the accused
`LG devices, and communications
`with Google LLC regarding that
`certification.
`
`Has knowledge regarding the
`installation of the accused Google
`applications on the accused LG
`devices; the technical operation of
`the accused Google applications on
`the accused LG devices.
`
`Has knowledge regarding
`financials and sales for the accused
`LG devices in the U.S.; location
`where the accused LG devices are
`manufactured
`
`Has knowledge regarding
`installation and testing of the
`accused Google applications on the
`accused LG devices; general
`knowledge regarding the
`manufacture of the accused LG
`devices
`
`Has knowledge regarding
`agreements with Google for
`Android and Google Mobile
`Services; licenses produced by
`LGEKR; LGEKR’s interrogatory
`responses; applicable document
`retention policies
`
`May have knowledge related at
`least to the claimed invention,
`inventorship, and assignment of
`the Asserted Patents and to
`AGIS and its predecessor
`entities.
`
`May have knowledge related at
`least to the claimed invention,
`
`
`
`Case 2:17-cv-00514-JRG Document 137-15 Filed 01/29/19 Page 6 of 10 PageID #: 9823
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`inventorship, and assignment of
`the Asserted Patents.
`
`Witnesses from Google LLC
`who may have knowledge related
`to the functionality implicated in
`the accused applications
`
`Witnesses identified in AGIS’s
`initial disclosures as related to
`subjects on which they have been
`identified
`
`May have knowledge related to
`ActiveCampus system
`
`Google LLC
`
`N/A
`
`Witnesses identified in
`AGIS’s initial disclosures
`
`N/A
`
`William G. Griswold,
`
`
`
`Robert Boyer,
`
`Steven W. Brown,
`
`Tan Minh Truong,
`
`Ezekiel Bhasker
`
`Gregory R. Jay
`
`R. Benjamin Shapiro
`
`Patricia Shanahan
`
`Matt Ratto
`
`Lin Liu
`
`Jean Aw
`
`Gabriele Wienhausen
`
`Jeremy Weir
`
`Jolete Truong
`
`Adriene Jenik
`
`Jim Hollan
`
`Leigh Star
`
`Gabe Littman
`
`
`
`5
`
`
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`Case 2:17-cv-00514-JRG Document 137-15 Filed 01/29/19 Page 7 of 10 PageID #: 9824
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`Other individuals in the Dept.
`of Computer Science and
`Engineering at UCSD
`
`Bob Bruninga
`
`Stan Horzepa
`
`Glen Burnie
`
`Ian Wade
`
`Jim Carter
`
`Jeff Lehman
`
`Navizon Inc.
`
`Cyril Houri
`
`James L. Conatser
`
`Vincent E. Grizio
`
`Michael Boudreau
`
`Pete Coughlan
`
`Richard J. Dunn, III
`
`Jin Han Cho
`
`Yasser Nafei
`
`
`
`
`
`
`
`
`
`May have knowledge related to
`Automatic packet/Position
`Reporting System (APRS System)
`
`May have knowledge related to
`Navizon system
`
`May have knowledge related to
`Force XXI Battle Command,
`Brigade and Below (FBCB2)
`
`Assistant Vice President,
`LGEUS
`
`May have knowledge related to
`marketing of the LG Accused
`Products.
`
`Senior Vice President,
`LGEUS
`
`May have knowledge related to
`marketing of LG Accused Products
`and updates of Android OS.
`
`LG expressly reserves the right to supplement, limit, or otherwise amend the above list.
`
`E.
`
`
`
`Any Indemnity And Insuring Agreements Under Which Any Person Or Entity
`Carrying On An Insurance Business May Be Liable To Satisfy Part Or All Of A
`Judgment Entered In This Action Or To Indemnify Or Reimburse For Payments
`Made To Satisfy The Judgment
`
`6
`
`
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`Case 2:17-cv-00514-JRG Document 137-15 Filed 01/29/19 Page 8 of 10 PageID #: 9825
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`LG is currently still investigating whether there exists any indemnity or insurance
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`agreement under which any person or entity carrying on an insurance business may be liable to
`
`satisfy part or all of any judgment which may be entered in this action against LG or to
`
`indemnify or reimburse LG for payments made to satisfy any judgment, and will supplement
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`these disclosures once the full scope of its investigation is complete.
`
`F.
`
`Any Settlement Agreements Relevant To The Subject Matter Of This Action
`
`Based upon the information reasonably available to LG at the present time, LG is not
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`currently aware of any settlement agreements relevant to the subject matter of this action.
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`G.
`
`Any Statement Of Any Party To The Litigation
`
`Based upon the information reasonably available to LG at the present time, the current
`
`record, and discovery to date, LG is not aware of any specific statements of any party to this
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`litigation.
`
`LG reserves the right to supplement these disclosures in accordance with applicable
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`federal and local rules of procedures or court order, during the course of discovery, and upon
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`further investigation, as additional information becomes known or available.
`
`Dated: December 7, 2018
`
`Respectfully submitted by:
`
`
`
`/s/ James S. Blackburn
`J. Mark Mann
`SBN: 12926150
`mark@themannfirm.com
`G. Blake Thompson
`SBN: 24042033
`blake@themannfirm.com
`MANN TINDEL THOMPSON
`300 West Main Street
`Henderson, Texas 75652
`Tel: 903-657-8540
`
`Michael A. Berta
`Michael.berta@arnoldporter.com
`ARNOLD & PORTER
`
`
`
`7
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`
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`Case 2:17-cv-00514-JRG Document 137-15 Filed 01/29/19 Page 9 of 10 PageID #: 9826
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`KAYE SCHOLER LLP
`Three Embarcadero Center
`10th Floor
`San Francisco, CA 94111-4024
`Tel: 415-471-3000
`
`Matthew M. Wolf
`Matthew.wolf@arnoldporter.com
`ARNOLD & PORTER
`KAYE SCHOLER LLP
`601 Massachusetts Ave., NW
`Washington, DC 20001-3743
`Tel: 202-942-5000
`
`James S. Blackburn
`James.blackburn@arnoldporter.com
`Nicholas H. Lee
`Nicholas.lee@arnoldporter.com
`ARNOLD & PORTER
`KAYE SCHOLER LLP
`777 South Figueroa Street
`44th Floor
`Los Angeles, CA 90017-5844
`Tel: 213-243-4000
`
`ATTORNEYS FOR DEFENDANT
`LG ELECTRONICS, INC.
`
`
`
`8
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`
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`Case 2:17-cv-00514-JRG Document 137-15 Filed 01/29/19 Page 10 of 10 PageID #: 9827
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that all counsel of record who are deemed to have
`
`consented to electronic service are being served with a copy of this document via electronic mail
`
`on December 7, 2018.
`
`
`
`/s/ Bonnie Phan
`Bonnie Phan
`
`
`
`1
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`
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