Case 2:17-cv-00517-JRG Document 64-1 Filed 05/21/18 Page 1 of 5 PageID #: 838
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`AGIS SOFTWARE DEVELOPMENT,
`LLC,
`
`
`
`
`
`Plaintiff,
`
`v.
`
`ZTE CORPORATION, ET AL.,
`
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`Case No. 2:17-cv-517-JRG
`
`JURY TRIAL DEMANDED
`
`
`
`DECLARATION OF VINCENT J. RUBINO, III IN SUPPORT OF
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT, LLC’S MOTION
`FOR ALTERNATIVE SERVICE OF DEFENDANT ZTE
`CORPORATION PURSUANT TO FED. R. CIV. P. 4(f)(3)
`
`
`
`I, Vincent J. Rubino, III, being duly sworn, hereby depose and state as follows:
`
`1.
`
`I am a member of Brown Rudnick, LLP, counsel of record for Plaintiff
`
`AGIS Software Development, LLC (“AGIS”). I am a member of the Bar of the State of
`
`New York and have been admitted to practice in the United States District Court for the
`
`Eastern District of Texas. I make this declaration in support of AGIS’s Motion for
`
`Alternative Service of Defendant ZTE Corporation Pursuant to Federal Rule of Civil
`
`Procedure 4(f)(3).
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of an e-mail chain
`
`between Enrique W. Iturralde, an attorney at Brown Rudnick, LLP and counsel for AGIS,
`
`and employees of Process Service Network, LLC, dated August 9, 2017.
`
`3.
`
`Attached hereto as Exhibit 2 is a true and correct copy of an e-mail chain
`
`between Enrique W. Iturralde, an attorney at Brown Rudnick, LLP and counsel for AGIS,
`
`and employees of Process Service Network, LLC, dated December 26, 2017.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`AGIS SOFTWARE DEVELOPMENT,
`LLC,
`
`
`
`
`
`Plaintiff,
`
`v.
`
`ZTE CORPORATION, ET AL.,
`
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`Case No. 2:17-cv-517-JRG
`
`JURY TRIAL DEMANDED
`
`
`
`DECLARATION OF VINCENT J. RUBINO, III IN SUPPORT OF
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT, LLC’S MOTION
`FOR ALTERNATIVE SERVICE OF DEFENDANT ZTE
`CORPORATION PURSUANT TO FED. R. CIV. P. 4(f)(3)
`
`
`
`I, Vincent J. Rubino, III, being duly sworn, hereby depose and state as follows:
`
`1.
`
`I am a member of Brown Rudnick, LLP, counsel of record for Plaintiff
`
`AGIS Software Development, LLC (“AGIS”). I am a member of the Bar of the State of
`
`New York and have been admitted to practice in the United States District Court for the
`
`Eastern District of Texas. I make this declaration in support of AGIS’s Motion for
`
`Alternative Service of Defendant ZTE Corporation Pursuant to Federal Rule of Civil
`
`Procedure 4(f)(3).
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of an e-mail chain
`
`between Enrique W. Iturralde, an attorney at Brown Rudnick, LLP and counsel for AGIS,
`
`and employees of Process Service Network, LLC, dated August 9, 2017.
`
`3.
`
`Attached hereto as Exhibit 2 is a true and correct copy of an e-mail chain
`
`between Enrique W. Iturralde, an attorney at Brown Rudnick, LLP and counsel for AGIS,
`
`and employees of Process Service Network, LLC, dated December 26, 2017.
`
`
`
`Case 2:17-cv-00517-JRG Document 64-1 Filed 05/21/18 Page 2 of 5 PageID #: 839
`
`4.
`
`Attached hereto as Exhibit 3 is a true and correct copy of an e-mail chain
`
`between Enrique W. Iturralde, an attorney at Brown Rudnick, LLP and counsel for AGIS,
`
`and employees of Process Service Network, LLC, dated between February 20, 2018 and
`
`March 1, 2018.
`
`5.
`
`Attached hereto as Exhibit 4 is a true and correct copy of a notice of
`
`attorney appearance of Calli Turner, attorney at McDermott Will & Emery LLP, 2501
`
`North Harwood Street, Suite 1900, Dallas TX 75201-1664, on behalf of ZTE Corporation
`
`submitted in Fundamental Innovation Sys. Int’l, LLC v. ZTE Corp., et al., No. 3:17-cv-
`
`1827 (N.D. Tex.).
`
`6.
`
`Attached hereto as Exhibit 5 is a true and correct copy of a notice of
`
`attorney appearance of Charles M. McMahon, attorney at McDermott Will & Emery
`
`LLP, 444 West Lake Street, Suite 4000, Chicago, IL 60606, on behalf of ZTE
`
`Corporation submitted in Fundamental Innovation Sys. Int’l, LLC v. ZTE Corp., et al.,
`
`No. 3:17-cv-1827 (N.D. Tex.).
`
`7.
`
`Attached hereto as Exhibit 6 is a true and correct copy of a notice of
`
`attorney appearance of Michael D. Hemes, attorney at McDermott Will & Emery LLP,
`
`444 West Lake Street, Suite 4000, Chicago, IL 60606, on behalf of ZTE Corporation
`
`submitted in Fundamental Innovation Sys. Int’l, LLC v. ZTE Corp., et al., No. 3:17-cv-
`
`1827 (N.D. Tex.).
`
`8.
`
`Attached hereto as Exhibit 7 is a true and correct copy of a notice of
`
`attorney appearance of Jay H. Reiziss, attorney at McDermott Will & Emery LLP, 500
`
`North Capitol Street, NW, Washington, DC 20001, on behalf of ZTE Corporation
`
`
`
`2
`
`
`
`Case 2:17-cv-00517-JRG Document 64-1 Filed 05/21/18 Page 3 of 5 PageID #: 840
`
`submitted in Fundamental Innovation Sys. Int’l, LLC v. ZTE Corp., et al., No. 3:17-cv-
`
`1827 (N.D. Tex.).
`
`9.
`
`Attached hereto as Exhibit 8 is a true and correct copy of a notice of
`
`attorney appearance of Michael S. Nadal, attorney at McDermott Will & Emery LLP, 500
`
`North Capitol Street, NW, Washington, DC 20001, on behalf of ZTE Corporation
`
`submitted in Fundamental Innovation Sys. Int’l, LLC v. ZTE Corp., et al., No. 3:17-cv-
`
`1827 (N.D. Tex.).
`
`10.
`
`Attached hereto as Exhibit 9 is a true and correct copy of a notice of
`
`attorney appearance of Natalie A. Bennett, attorney at McDermott Will & Emery LLP,
`
`500 North Capitol Street, NW, Washington, DC 20001, on behalf of ZTE Corporation
`
`submitted in Fundamental Innovation Sys. Int’l, LLC v. ZTE Corp., et al., No. 3:17-cv-
`
`1827 (N.D. Tex.).
`
`11.
`
`Attached hereto as Exhibit 10 is a true and correct copy of a notice of
`
`attorney appearance of Hersh H. Mehta, attorney at McDermott Will & Emery LLP, 444
`
`West Lake Street, Suite 4000, Chicago, IL 60606, on behalf of ZTE Corporation
`
`submitted in Fundamental Innovation Sys. Int’l, LLC v. ZTE Corp., et al., No. 3:17-cv-
`
`1827 (N.D. Tex.).
`
`12.
`
`Attached hereto as Exhibit 11 is a true and correct copy of a power of
`
`attorney submitted by J. Ray Wood, Chief Patent Counsel on behalf of ZTE Corporation
`
`and ZTE (USA) Inc. appointing the following counsel as lead and back-up counsel to
`
`transact business before the Patent Trial & Appeal Board of the United States Patent and
`
`Trademark Office in connection with an inter partes review proceeding regarding for
`
`IPR2018-00235 in ZTE Corp., et al. v. Hitachi Maxell, Ltd.: (1) Steven A. Moore,
`
`
`
`3
`
`
`
`Case 2:17-cv-00517-JRG Document 64-1 Filed 05/21/18 Page 4 of 5 PageID #: 841
`
`Pillsbury Winthrop Shaw Pittman LLP, 501 West Broadway, Suite 1100, San Diego, CA
`
`92101; (2) Cheng (Jack) Ko, Pillsbury Winthrop Shaw Pittman LLP, 501 West
`
`Broadway, Suite 1100, San Diego, CA 92101; (3) Howard N. Wisnia, Pillsbury Winthrop
`
`Shaw Pittman LLP, 501 West Broadway, Suite 1100, San Diego, CA 92101; and (4)
`
`Brian Nash, Pillsbury Winthrop Shaw Pittman LLP, 111 Congress Avenue, Suite 400,
`
`Austin, TX 78701.
`
`13.
`
`Attached hereto as Exhibit 12 is an email chain between Danielle A.
`
`D’Aquila, an attorney at Brown Rudnick, LLP and counsel for AGIS, and counsel at
`
`McDermott Will & Emery LLP, dated between April 21, 2018 and May 11, 2018.
`
`14.
`
`Attached hereto as Exhibit 13 is an email chain between Danielle A.
`
`D’Aquila, an attorney at Brown Rudnick, LLP and counsel for AGIS, and counsel at
`
`Pillsbury Winthrop Shaw Pittman LLP, dated between April 21, 2018 and May 2, 2018.
`
`15.
`
`Attached hereto as Exhibit 14 is a press release titled, “ZTE corporation
`
`Appoints New Chief Export Compliance Officer to Enhance Regulatory Compliance
`
`Program,” published on November 14, 2016 on ZTE Corporation’s website, located at
`
`https://web.archive.org/web/20161118024953/http://www.zte.com.cn/global/about/press-
`
`center/news/201611ma/1115 (last accessed May 21, 2018).
`
`16.
`
`Attached hereto as Exhibit 15 is a true and correct copy of the LinkedIn
`
`profile of Matt Bell, the Chief Compliance Officer and Legal Counsel at ZTE (USA), Inc.
`
`and Deputy Chief Compliance Officer, Chief Export Compliance Officer, and Legal
`
`Counsel at ZTE Corporation, located at https://www.linkedin.com/in/mattkbell/ (last
`
`accessed May 21, 2018).
`
`
`
`4
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`
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`Case 2:17-cv-00517-JRG Document 64-1 Filed 05/21/18 Page 5 of 5 PageID #: 842
`
`17.
`
`Attached hereto as Exhibit 16 is a true and correct copy of the profile of
`
`Lixin Cheng, Senior Vice President of ZTE Corporation and Chairman and CEO of ZTE
`
`(USA), Inc., on ZTE (USA), Inc.’s website, located at
`
`https://www.zteusa.com/lixincheng (last accessed May 21, 2018).
`
`18.
`
`Attached hereto as Exhibit 17 is a true and correct copy of the civil docket
`
`for Fundamental Innovation Sys. Int’l, LLC v. ZTE Corp., et al., No. 3:17-cv-1827 (N.D.
`
`Tex. Feb. 13, 2017), located at https://ecf.txnd.uscourts.gov/cgi-
`
`bin/DktRpt.pl?562410715833221-L_1_0-1 (last accessed May 21, 2018).
`
`19.
`
`Attached hereto as Exhibit 18 is a true and correct copy of print screens of
`
`the docket entries for IPR2018-00235 in ZTE Corp., et al. v. Hitachi Maxell, Ltd., located
`
`at https://ptab.uspto.gov/#/login (last accessed May 21, 2018).
`
`20.
`
`Attached hereto as Exhibit 19 is a true and correct copy of the S&P
`
`Capital IQ report for ZTE (USA), Inc. as it was filed in Fundamental Innovation Sys.
`
`Int’l, LLC v. ZTE Corp., et al., No. 3:17-cv-1827 (N.D.T.X Feb. 13, 2017), Dkt. 53-4.
`
`
`
`
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`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed on May 21, 2018 in New York, N.Y.
`
`
`
`
`
`
`
`
`/s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
`
`
`
`5
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