`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`v.
`
`
`HTC CORPORATION,
`
`
`Defendant.
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`Case No. 2:17-CV-0514-JRG
`(LEAD CASE)
`
`JURY TRIAL DEMANDED
`
`
`
`
`Case No. 2:17-CV-0515-JRG
`(CONSOLIDATED CASE)
`
`JURY TRIAL DEMANDED
`
`LG ELECTRONICS INC.,
`
`
`Defendant.
`
`§
`§
`§
`§
`
`
`DECLARATION OF VINCENT J. RUBINO, III IN SUPPORT OF
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT, LLC’S
`RESPONSE IN OPPOSITION TO LG ELECTRONICS INC.’S
`SEALED MOTION FOR SUMMARY JUDGMENT
`OF NON-INFRINGEMENT (DKT. 119)
`
`
`
`I, Vincent J. Rubino, III, hereby declare as follows:
`
`1.
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`I am a member of Brown Rudnick LLP, lead counsel of record for Plaintiff AGIS
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`Software Development LLC (“AGIS”). I am admitted to practice before this Court. I submit this
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`declaration in support of AGIS Software Development LLC’s Response in Opposition to LG
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`Electronics Inc.’s Sealed Motion for Summary Judgment of Non-Infringement (Dkt. 119). I am
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`familiar with the facts set forth herein.
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`2.
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`The exhibits attached to this declaration may contain annotations and/or excerpts
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`of the originals.
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`3.
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`Attached hereto as Exhibit 1 is a true and correct copy of Attachment D to the
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`Expert Report of Joseph McAlexander, dated December 14, 2018.
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`
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`Case 2:17-cv-00514-JRG Document 219-1 Filed 02/21/19 Page 2 of 3 PageID #: 19107
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`4.
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`Attached hereto as Exhibit 2 is a true and correct copy of
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`5.
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`Attached hereto as Exhibit 3 is a true and correct copy of
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`6.
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`Attached hereto as Exhibit 4 is a true and correct copy of a
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`7.
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`Attached hereto as Exhibit 5 is a true and correct copy of
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`8.
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`Attached hereto as Exhibit 6 is a true and correct copy of
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`9.
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`Attached hereto as Exhibit 7 is a true and correct copy of document bearing Bates
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`numbers LGE_00091286.
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`10.
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`Attached hereto as Exhibit 8 is a true and correct copy of annotated excerpts of the
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`Expert Report of Joseph McAlexander, dated December 14, 2018.
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`11.
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`Attached hereto as Exhibit 9 is a true and correct copy of
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`12.
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`Attached hereto as Exhibit 10 is a true and correct copy of
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`13.
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`Attached hereto as Exhibit 11 is a true and correct copy of a screenshot of the Over-
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`The-Air Software Update page of the LG Website at https://www.lg.com/us/support/product-
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`help/CT10000027-1412198655480-software-versionupdate, captured on February 19, 2019.
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`14.
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`Attached hereto as Exhibit 12 is a true and correct copy of
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`2
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`Case 2:17-cv-00514-JRG Document 219-1 Filed 02/21/19 Page 3 of 3 PageID #: 19108
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`15.
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`Attached hereto as Exhibit 13 is a true and correct copy of Plaintiff’s First Set of
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`Interrogatories to LG Electronics, Inc. (Nos. 1-10), dated January 8, 2018.
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`16.
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`Attached hereto as Exhibit 14 is a true and correct copy of an email from Amy M.
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`Park to Justin J. Chie, James S. Blackburn, Bonnie Phan, Nicholas Lee, Michael A. Berta and
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`mark@themannfirm.com dated November 27, 2018.
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`17.
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`Attached hereto as Exhibit 15 is a true and correct copy of a letter from Alessandra
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`C. Messing to James S. Blackburn dated May 9, 2018.
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`18.
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`Attached hereto as Exhibit 16 is a true and correct copy of
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`19.
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`Attached hereto as Exhibit 17 is a true and correct copy of the document bearing
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`bates number LGE_00287599.
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`
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`I declare under penalty of perjury that the foregoing is true and correct to the best of my
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`knowledge. Executed on February 19, 2019.
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`
`
` /s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
`
`3
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