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` IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`v.
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`ZTE CORPORATION, ET AL.,
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`Defendants.
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`AGIS SOFTWARE DEVELOPMENT, LLC,
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`Plaintiff,
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`Case No. 2:17-cv-517-JRG
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`DECLARATION OF VINCENT J. RUBINO, III IN SUPPORT OF
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT, LLC’S
`UNOPPOSED MOTION FOR LEAVE TO FILE A CORRECTED
`SUR-REPLY IN OPPOSITION TO ZTE DEFENDANTS’ MOTION (DKT. 38)
`TO DISMISS PLAINTIFF’S COMPLAINT FOR IMPROPER VENUE OR,
`IN THE ALTERNATIVE, TO TRANSFER VENUE
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`I, Vincent J. Rubino III, being duly sworn, hereby deposes and states as follows:
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`1.
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`I am a member of Brown Rudnick LLP, counsel of record for Plaintiff AGIS
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`Software Development LLC (“AGIS”). I am a member of the Bar of the State of New York and
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`have been admitted to practice in the United States District Court for the Eastern District of
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`Texas. I make this declaration in support of AGIS Software Development, LLC’s Unopposed
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`Motion for Leave to File a Corrected Sur-Reply. The statements in this declaration are based
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`upon my review of information obtained from public records.
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`2.
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`I submitted a declaration in connection with AGIS’s Sur-reply brief on January
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`26, 2018. Dkt. 52-1. On January 29, 2018, I became aware of certain clerical errors with my
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`declaration and with AGIS’s Sur-Reply Brief (Dkt. 52). AGIS’s brief and my declaration list the
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`incorrect date for the service of AGIS’s Preliminary Infringement Contentions on ZTE. Dkt. 52
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`Case 2:17-cv-00517-JRG Document 53-1 Filed 02/07/18 Page 2 of 2 PageID #: 678
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`at n. 5; Dkt. 52-1 at ¶ 2. Additionally, I had intended to attach AGIS’s Preliminary Infringement
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`Contentions served on ZTE as Exhibit 11 to my declaration, but I inadvertently attached AGIS’s
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`Preliminary Infringement Contentions served on Huawei in a co-pending related case. Dkt. 52-1.
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`I submit this declaration in order to correct those errors.
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`3.
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`Attached hereto as Exhibit A is a true and correct copy of AGIS’s Corrected Sur-
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`Reply in Opposition to ZTE Defendants’ Motion (Dkt. 38) to Dismiss Plaintiff’s Complaint for
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`Improper Venue or in the Alternative, to Transfer Venue, including the correction to the date
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`listed in footnote 5.
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`4.
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`Attached hereto as Exhibit B is a true and correct copy of a redline version of
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`AGIS’s Corrected Sur-Reply in Opposition to ZTE Defendants’ Motion (Dkt. 38) to Dismiss
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`Plaintiff’s Complaint for Improper Venue or in the Alternative, to Transfer Venue showing the
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`correction to the date listed in footnote 5 and updated pin-cite to Exhibit 11.
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`5.
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`Attached hereto as Exhibit C is a true and correct copy of the corrected
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`Declaration of Vincent J. Rubino, III in Support of Plaintiff AGIS Software Development, LLC’s
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`Sur-Reply in Opposition to Defendants’ Motion (Dkt. 38) to Dismiss Plaintiff’s Complaint for
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`Improper Venue or, in the Alternative, to Transfer Venue, including the correction to the date
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`listed in ¶ 2.
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`6.
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`Attached hereto as Exhibit D is a true and correct copy of corrected Exhibit 11,
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`the cover document of Plaintiff’s Disclosure of Asserted Claims and Infringement Contentions
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`served on ZTE on January 19, 2018, that I had intended to attach to my original declaration.
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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 7, 2018.
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`/s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
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`1
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