`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`CASE NO. 2:21-cv-00040-JRG
`(Lead Case)
`
`JURY TRIAL DEMANDED
`
`
`
`CASE NO. 2:21-cv-00041-JRG
`(Member Case)
`
`JURY TRIAL DEMANDED
`
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`GESTURE TECHNOLOGY
`PARTNERS, LLC,
`
`Plaintiff
`
`v.
`
`HUAWEI DEVICE CO., LTD.,
`HUAWEI DEVICE USA, INC.,
`
`Defendants.
`
`
`GESTURE TECHNOLOGY
`PARTNERS, LLC,
`
`Plaintiff
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD.
`AND SAMSUNG ELECTRONICS
`AMERICA, INC.,
`
`Defendants.
`
`DECLARATION OF DAVID M. FOX IN SUPPORT OF SAMSUNG DEFENDANTS’
`DAUBERT MOTION TO PRECLUDE THE OPINIONS AND TESTIMONY OF
`PLAINTIFF’S DAMAGES EXPERT DAVID KENNEDY
`
`I, David M. Fox, hereby declare as follows:
`
`1.
`
`I am an attorney at the law firm of Paul Hastings LLP, counsel for Defendants
`
`Samsung Electronics Co. Ltd. and Samsung Electronics America, Inc. (collectively, “Samsung”)
`
`in the above-entitled consolidated action. I have personal knowledge of the facts stated herein and
`
`if called to testify could and would competently testify thereto.
`
`2.
`
`Attached as Exhibit A is a true and correct copy of Plaintiff Gesture Technology
`
`Partners, LLC’s September 20, 2021 Supplemental Amended Infringement Contentions.
`
`
`
`Case 2:21-cv-00040-JRG Document 144-1 Filed 12/03/21 Page 2 of 2 PageID #: 5669
`
`3.
`
`Attached as Exhibit B is a true and correct copy of excerpts from the Expert Report
`
`of Benedict Occhiogrosso On Behalf of Plaintiff Gesture Technology Partners, LLC Regarding
`
`Infringement, dated October 20, 2021.
`
`4.
`
`Attached as Exhibit C is a true and correct copy of the Expert Report of Mr. David
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`Kennedy, dated October 20, 2021.
`
`5.
`
`Attached as Exhibit D is a true and correct copy of excerpts from the transcript of
`
`the deposition of David Kennedy taken on November 24, 2021.
`
`6.
`
`Attached as Exhibit E is a true and correct copy of excerpts from the Report of Dr.
`
`Andreas Groehn, dated October 20, 2021.
`
`7.
`
`Attached as Exhibit F is a true and correct copy of a chart relating to Samsung
`
`Camera Features.
`
`8.
`
`Attached as Exhibit G is a true and correct copy of the Opinion and Order dated
`
`November 9, 2021 in the case captioned CloudChange, LLC v. NCR Corp., Case No. 6:19-CV-
`
`00513-ADA, United States District Court, Western District of Texas.
`
`I declare under penalty of perjury under the laws of the State of California that the
`
`foregoing is true and correct. Executed this 1st day of December, 2021 in Milpitas, California.
`
`
`
`
`
` /s/ David Fox
`David Fox
`
`
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`
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`-2-
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`
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