Case 2:17-cv-00514-JRG Document 162-1 Filed 02/13/19 Page 1 of 5 PageID #: 14442
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
`
`vs.
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`HTC CORPORATION,
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`Defendant.
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`CASE NO. 2:17-CV-514-JRG
`(LEAD CASE)
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`JURY TRIAL DEMANDED
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`
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`DECLARATION OF MIGUEL BOMBACH
`IN SUPPORT OF DEFENDANTS’ HTC CORPORATION AND LG ELECTRONICS,
`INC. OPPOSITION TO AGIS SOFTWARE DEVELOPMENT LLC’S MOTION TO
`STRIKE PORTIONS OF EXPERT REPORT OF MR. SCOTT ANDREWS
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`Plaintiff,
`
`vs.
`
`HTC CORPORATION,
`
`Defendant.
`
`CASE NO. 2:17-CV-514-JRG
`(LEAD CASE)
`
`JURY TRIAL DEMANDED
`
`
`
`
`DECLARATION OF MIGUEL BOMBACH
`IN SUPPORT OF DEFENDANTS’ HTC CORPORATION AND LG ELECTRONICS,
`INC. OPPOSITION TO AGIS SOFTWARE DEVELOPMENT LLC’S MOTION TO
`STRIKE PORTIONS OF EXPERT REPORT OF MR. SCOTT ANDREWS
`
`
`
`
`
`
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`Case 2:17-cv-00514-JRG Document 162-1 Filed 02/13/19 Page 2 of 5 PageID #: 14443
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`I, Miguel Bombach, hereby declare as follows:
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`1.
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`I am an attorney at the law firm of Perkins Coie LLP and counsel of record for
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`HTC Corporation (“HTC Corp.”) in the above entitled matter. I am a member of good standing
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`of the California and United States Patent and Trademark Bar and am admitted to practice in the
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`Eastern District of Texas.
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`2.
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`I make this declaration in support of HTC Corp.’s Opposition to AGIS Software
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`Development LLC’s Motion to Strike Portions of the December 14, 2018, Expert Report of
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`Mr. Scott Andrews.
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`3.
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`Attached hereto as Exhibit 1 is a true and correct copy of excerpts of U.S. Patent
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`No. 7,630,724.
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`4.
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`Attached hereto as Exhibit 2 is a true and correct copy of excerpts from the
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`transcripts of the depositions of Malcolm Keller Beyer, Jr. taken on (Volume I) October 22, 2018
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`and (Volume II) October 23, 2018.
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`5.
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`Attached hereto as Exhibit 3 is a true and correct copy of excerpts of the patent
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`prosecution history of U.S. Patent No. 9,445,251 patent prosecution history, November 13, 2015
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`Amendment.
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`6.
`
`Attached hereto as Exhibit 4 is a true and correct copy of excerpts of the patent
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`prosecution history of U.S. Patent No. 9,445,251 patent prosecution history, January 26, 2016
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`Amendment.
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`7.
`
`Attached hereto as Exhibit 5 is a true and correct copy of excerpts of the patent
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`prosecution history of U.S. Patent No. 9,445,251 patent prosecution history, June 6, 2016
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`Amendment.
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`1
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`Case 2:17-cv-00514-JRG Document 162-1 Filed 02/13/19 Page 3 of 5 PageID #: 14444
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`Attached hereto as Exhibit 6 is a true and correct copy of excerpts of the patent
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`8.
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`prosecution history of U.S. Patent No. 9,467,838, patent prosecution history, December 8, 2015
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`Amendment.
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`9.
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`Attached hereto as Exhibit 7 is a true and correct copy of excerpts of the patent
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`prosecution history of U.S. Patent No. 9,467,838, patent prosecution history, April 25, 2016
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`Amendment.
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`10.
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`Attached hereto as Exhibit 8 is a true and correct copy of excerpts of the patent
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`prosecution history of U.S. Patent No. 9,467,838, patent prosecution history, August 12, 2016
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`Amendment.
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`11.
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`Attached hereto as Exhibit 9 is a true and correct copy of excerpts of Plaintiff
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`AGIS Software Development LLC’s First Supplemental Objections and Responses to Defendant
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`HTC Corporation’s first Set of Interrogatories to Plaintiff (Nos. 1-15), dated August 17, 2018.
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`12.
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`Attached hereto as Exhibit 10 is a true and correct copy of excerpts of Plaintiff’s
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`Disclosure of Asserted Claims and Infringement Contentions, dated August 28, 2018.
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`13.
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`Attached hereto as Exhibit 11 is a true and correct copy of excerpts from the
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`rebuttal expert report of Mr. McAlexander, AGIS’s infringement and invalidity expert.
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`14.
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`Attached hereto as Exhibit 12 is a true and correct copy of excerpts of Defendant
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`HTC Corporation, ZTE (USA), Inc., and ZTE (TX), Inc’s Invalidity Contentions Pursuant to
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`Patent Local Rule 3-3.
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`15.
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`Attached hereto as Exhibit 13 is a true and correct copy of excerpts of Defendant
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`Huawei Device USA Inc., Huawei Device Co., Huawei Device (Dongguan) Co., Ltd., and LG
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`Electronics, Inc’s Invalidity Contentions Pursuant to Patent Local Rule 3-3.
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`2
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`Case 2:17-cv-00514-JRG Document 162-1 Filed 02/13/19 Page 4 of 5 PageID #: 14445
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`Attached hereto as Exhibit 14 is a true and correct copy of excerpts of Apple Inc.
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`16.
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`v. AGIS Software Development LLC, IPR2018-00817, Paper 1 at p. 2.
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`17.
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`Attached hereto as Exhibit 15 is a true and correct copy of excerpts of Apple Inc.
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`v. AGIS Software Development LLC, IPR2018-00818, Paper 1 at p. 1.
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`18.
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`Attached hereto as Exhibit 16 is a true and correct copy of excerpts of Apple Inc.
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`v. AGIS Software Development LLC, IPR2018-00819, Paper 1 at p. 2.
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`19.
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`Attached hereto as Exhibit 17 is a true and correct copy of Defendant HTC
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`Corporation’s Second Election of Prior Art References, dated August 29, 2018.
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`20.
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`Attached hereto as Exhibit 18 is a true and correct copy of Defendant LG
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`Electronics, Inc’s Second Election of Prior Art References, dated August 29, 2018.
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`21.
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`Attached hereto as Exhibit 19 is a true and correct copy of excerpts of Apple Inc.
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`v. AGIS Software Development LLC, IPR2018-00817, Paper 9 at p. 26,
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`22.
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`Attached hereto as Exhibit 20 is a true and correct copy of excerpts of Apple Inc.
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`v. AGIS Software Development LLC, IPR2018-00818, Paper 9 at p. 23.
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`23.
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`Attached hereto as Exhibit 21 is a true and correct copy of excerpts of Apple Inc.
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`v. AGIS Software Development LLC, IPR2018-00819, Paper 9 at p. 19.
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`24.
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`Attached hereto as Exhibit 22 is a true and correct copy of excerpts of Defendant
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`LG Electronics, Inc’s Amended Invalidity Contentions Pursuant to Patent Local Rule 3-6.
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`25.
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`Attached hereto as Exhibit 23 is a true and correct copy of excerpts of Apple Inc.
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`v. AGIS Software Development LLC, IPR2018-00817, Paper 6 at p. 1.
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`26.
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`Attached hereto as Exhibit 24 is a true and correct copy of excerpts of Apple Inc.
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`v. AGIS Software Development LLC, IPR2018-00818, Paper 6 at p. 1.
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`3
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`Case 2:17-cv-00514-JRG Document 162-1 Filed 02/13/19 Page 5 of 5 PageID #: 14446
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`Attached hereto as Exhibit 25 is a true and correct copy of excerpts of Apple Inc.
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`27.
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`v. AGIS Software Development LLC, IPR2018-00819, Paper 6 at p. 1.
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`28.
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`Attached hereto as Exhibit 26 is a true and correct copy of excerpts of an email
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`chain from Enrique W. Iturralde to Miguel Bombach accepting the proposed February 28, 2018
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`deposition date for Mr. Andrews, dated February 8, 2018.
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`29.
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`Attached hereto as Exhibit 27 is a true and correct copy of excerpts of the expert
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`report of Scott Andrews regarding invalidity of U.S. Patent Nos. 8,213,970, 9,408,055,
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`9,445,251, and 9,467,838.
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`30.
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`Attached hereto as Exhibit 28 is a true and correct copy of excerpts of Plaintiff’s
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`Disclosure of Asserted Claims and Infringement Contentions.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 11th day of February, 2019, in San Diego, California.
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`/s/ Miguel J. Bombach
`Miguel J. Bombach
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`4
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