`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`HTC CORPORATION,
`
`
`Defendant.
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`Case No. 2:17-CV-0514-JRG
`(LEAD CASE)
`
`JURY TRIAL DEMANDED
`
`
`
`
`LG ELECTRONICS INC.,
`
`
`Defendant.
`
`Case No. 2:17-CV-0515-JRG
`(CONSOLIDATED CASE)
`
`JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`
`
`DECLARATION OF ALFRED R. FABRICANT IN SUPPORT OF
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT, LLC’S
`RESPONSE IN OPPOSITION TO LG ELECTRONICS INC.’S
`SEALED MOTION FOR PARTIAL SUMMARY JUDGMENT
`OF LIMITATION OF DAMAGES (DKT. 117)
`
`
`
`I, Alfred R. Fabricant, hereby declare as follows:
`
`1.
`
`I am a member of Brown Rudnick LLP, lead counsel of record for Plaintiff AGIS
`
`Software Development LLC (“AGIS”). I am admitted to practice before this Court. I submit this
`
`declaration in support of AGIS Software Development LLC’s Response in Opposition to LG
`
`Electronics Inc.’s Sealed Motion for Partial Summary Judgment of Limitation of Damages (Dkt.
`
`117). I am familiar with the facts set forth herein.
`
`2.
`
`The exhibits attached to this declaration may contain annotations and/or excerpts
`
`of the originals.
`
`3.
`
`Attached hereto as Exhibit A is a true and correct copy of the Expert Report of
`
`Joseph McAlexander, dated December 14, 2018.
`
`
`
`Case 2:17-cv-00514-JRG Document 212-1 Filed 02/21/19 Page 2 of 2 PageID #: 18296
`
`4.
`
`Attached hereto as Exhibit B is a true and correct copy of Website Upload
`
`Information for U.S. Patent No. 9,408,055.
`
`5.
`
`Attached hereto as Exhibit C is a true and correct copy of Defendants’ Notice of
`
`Deposition of AGIS Software Development LLC Pursuant to Rule 30(b)(6), dated July 27, 2018.
`
`6.
`
`Attached hereto as Exhibit D is a true and correct copy of an email from E. Iturralde
`
`to Defendants, dated September 21, 2018.
`
`7.
`
`Attached hereto as Exhibit E is a true and correct copy of document bearing Bates
`
`numbers AGISTX_00275447-00275457.
`
`8.
`
`Attached hereto as Exhibit F is a true and correct copy the Rebuttal Expert Report
`
`of Joseph McAlexander, dated January 11, 2019.
`
`9.
`
`Attached hereto as Exhibit G is a true and correct copy of the
`
`
`
`
`
`10.
`
`Attached hereto as Exhibit H is a true and correct copy of the
`
`
`
`11.
`
`Attached hereto as Exhibit I is a true and correct copy of
`
`
`
`12.
`
`Attached hereto as a Exhibit J is a true and correct copy of the
`
`
`
`
`
`
`
`
`
`
`
`
`
`I declare under penalty of perjury that the foregoing is true and correct to the best of my
`
`knowledge. Executed on February 19, 2019.
`
` /s/ Alfred R. Fabricant
` Alfred R. Fabricant
`
`2
`
`