throbber
Case 2:21-cv-00040-JRG Document 149 Filed 12/03/21 Page 1 of 5 PageID #: 5991
`
`
`
`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
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
` §
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`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’
`MOTION FOR SUMMARY JUDGMENT OF NO INFRINGEMENT
`AND NO DAMAGES
`
`
`
`
`
`FILED UNDER SEAL
`
`
`
`
`
`

`

`Case 2:21-cv-00040-JRG Document 149 Filed 12/03/21 Page 2 of 5 PageID #: 5992
`
`
`
`I, David M. Fox, hereby declare as follows:
`
`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.
`
`1.
`
`Attached hereto as Exhibit A is a true and correct copy of Exhibit SAMSUNG-431
`
`to the Expert Report of Benedict Occhiogrosso Regarding Infringement, dated October 20, 2021.
`
`2.
`
`Attached hereto as Exhibit B is a true and correct copy of Exhibit SAMSUNG-079
`
`to the Expert Report of Benedict Occhiogrosso Regarding Infringement, dated October 20, 2021.
`
`3.
`
`Attached hereto as Exhibit C is a true and correct copy of excerpts from the
`
`deposition of Benedict Occhiogrosso, taken November 19, 2021.
`
`4.
`
`Attached hereto as Exhibit D is a true and correct copy of Exhibit SAMSUNG-949
`
`to the Expert Report of Benedict Occhiogrosso Regarding Infringement, dated October 20, 2021.
`
`5.
`
`Attached hereto as Exhibit E is a true and correct copy of excerpts from Samsung's
`
`Responses to GTP's First Set of Interrogatories (Nos. 1-20), dated October 8, 2021.
`
`6.
`
`Attached hereto as Exhibit F is a true and correct copy of excerpts from the
`
`deposition of Ryanggeun Oh, taken October 4, 2021.
`
`7.
`
`Attached hereto as Exhibit G is a true and correct copy of excerpts from the
`
`deposition of Yonggyoo Kim, taken September 30, 2021.
`
`8.
`
`Attached hereto as Exhibit H is a true and correct copy of excerpts from the
`
`deposition of Juwoan Yoo, taken October 5, 2021.
`
`9.
`
`Attached hereto as Exhibit I is a true and correct copy of excerpts from the
`
`deposition of Byung-Jun Son, taked October 6, 2021.
`
`-1-
`
`

`

`Case 2:21-cv-00040-JRG Document 149 Filed 12/03/21 Page 3 of 5 PageID #: 5993
`
`
`
`10.
`
`Attached hereto as Exhibit J is a true and correct copy of excerpts from the
`
`deposition of Timothy Pryor, taken October 8, 2021.
`
`11.
`
`Attached hereto as Exhibit K is a true and correct copy of excerpts from the Expert
`
`Report of Benedict Occhiogrosso Regarding Infringement, dated October 20, 2021.
`
`12.
`
`Attached hereto as Exhibit L is a true and correct copy of excerpts from the
`
`deposition of Jeongho Cho, taken October 1, 2021.
`
`13.
`
`Attached hereto as Exhibit M is a true and correct copy of excerpts from “Galaxy
`
`S6 edge+ User Manual” as produced by Samsung
`
`in
`
`the above captioned matter
`
`(SAM_GTP_00011596).
`
`14.
`
`Attached hereto as Exhibit N is a true and correct copy of excerpts from “AR Emoji
`
`Introduction” as produced by Samsung in the above captioned matter (SAM_GTP_00031293).
`
`15.
`
`Attached hereto as Exhibit O is a true and correct copy of excerpts from the Rebuttal
`
`Expert Report of Dr. Robert Stevenson Regarding Non-Infringement, dated November 17, 2021.
`
`16.
`
`Attached hereto as Exhibit P is a true and correct copy of excerpts from “Camera
`
`UI Basic
`
`Interaction” as produced by Samsung
`
`in
`
`the above captioned matter
`
`(SAM_GTP_00036300).
`
`17.
`
`Attached hereto as Exhibit Q is a true and correct copy of U.S. Patent No.
`
`7,933,431.
`
`18.
`
`Attached hereto as Exhibit R is a true and correct copy of U.S. Patent No.
`
`8,194,924.
`
`19.
`
`20.
`
`Attached hereto as Exhibit S is a true and correct copy of U.S. Patent No. 8,553,079.
`
`Attached hereto as Exhibit T is a true and correct copy of U.S. Patent No. 8,878,949.
`
`-2-
`
`

`

`Case 2:21-cv-00040-JRG Document 149 Filed 12/03/21 Page 4 of 5 PageID #: 5994
`
`
`
`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 M. Fox
`David M. Fox
`
`
`
`
`
`-3-
`
`

`

`Case 2:21-cv-00040-JRG Document 149 Filed 12/03/21 Page 5 of 5 PageID #: 5995
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing document was filed
`
`electronically in compliance with Local Rule CV-5 on December 1, 2021. As of this date, all
`
`counsel of record had consented to electronic service and are being served with a copy of this
`
`document through the Court’s CM/ECF system under Local Rule CV-5(a)(3)(A) and by email.
`
` /s/ Christopher W. Kennerly
`Christopher W. Kennerly
`
`
`
`CERTIFICATE OF AUTHORIZATION TO SEAL
`
`I hereby certify that under Local Rule CV-5(a)(7), the foregoing document is filed under
`
`
`
`
`
`
`
`seal pursuant to the Court’s Protective Order entered in this matter.
`
` /s/ Christopher W. Kennerly
`Christopher W. Kennerly
`
`
`
`-4-
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket