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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`v.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`§
`Case No. 2:21-cv-00072-JRG
`§
`(LEAD CASE)
`§
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`§
`JURY TRIAL DEMANDED
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`DECLARATION OF VINCENT J. RUBINO, III IN SUPPORT OF
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S SUR-REPLY
`IN OPPOSITION TO INTERVENORS SMITH MICRO SOFTWARE, INC.
`AND SMITH MICRO SOFTWARE, LLC’S MOTION TO INTERVENE AND
`MOTION TO STAY PROCEEDINGS AS TO ITS ACCUSED TECHNOLOGY,
`PENDING ADJUDICATION OF THEIR PENDING DECLARATORY JUDGMENT
`ACTION AGAINST AGIS SOFTWARE DEVELOPMENT LLC (DKT. 114)
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`T-MOBILE USA, INC. and T-MOBILE US,
`INC.,
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`Defendants.
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`I, Vincent J. Rubino, III, hereby declare as follows:
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`1.
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`I have personal knowledge of the facts set forth in this declaration. I am
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`competent to testify as to all matters stated, and I am not under any legal disability that would in
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`any way preclude me from testifying.
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`2.
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`I am a Partner at the law firm of Fabricant LLP and counsel of record for Plaintiff
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`AGIS Software Development LLC, in this matter.
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`3.
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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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`4.
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`Attached hereto as Exhibit 1 is a true and correct copy of U.S. Patent No.
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`9,749,829, issued by the USPTO on August 29, 2017 to Malcolm K. Beyer, Jr.
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`Case 2:21-cv-00072-JRG-RSP Document 143-1 Filed 09/07/21 Page 2 of 2 PageID #: 3365
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`5.
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`Attached hereto as Exhibit 2 is a true and correct copy of U.S. Patent No.
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`7,031,728, issued by the USPTO on April 18, 2006 to Malcolm K. Beyer, Jr.
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`6.
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`Attached hereto as Exhibit 3 is a true and correct copy of s a true and correct copy
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`of U.S. Patent No. 7,630,724, issued by the USPTO on December 8, 2009 to Malcolm K. Beyer,
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`Jr.
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`7.
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`Attached hereto as Exhibit 4 is a true and correct copy of Initiation Report of
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`Smith Micro Software, Inc. by Dawson/James Securities, dated May 4, 2021.
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`8.
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`Attached hereto as Exhibit 5 is a true and correct copy of an Article entitled,
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`“Smith Micro Software Shakes Up Mobile Family Safety Landscape, Strikes Deal with Avast,”
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`by Fierce Wireless, dated April 26, 2021.
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`9.
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`Attached hereto as Exhibit 6 is a true and correct copy of a Trademark Electronic
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`Search System (TESS) on FAMILYMODE, executed on August 31, 2021.
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`10.
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`Attached hereto as Exhibit 7 is a true and correct copy of a Trademark Electronic
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`Search System (TESS) on FAMILYWHERE, executed on August 31, 2021.
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`11.
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`Attached hereto as Exhibit 8 is a true and correct copy of “Smith Micro Software:
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`An undervalued software company worth triple” by Willowdale Partners.
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`12.
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`Attached hereto as Exhibit 9 is a true and correct copy of an article entitled.
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`“Concerned About Your Kids’ Online Activities? Meet T-Mobile FamilyMode. The Digital Ally
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`Parents Need,” by businesswire, dated June 25, 2018.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed on September 7, 2021 in Livingston, New Jersey.
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`/s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
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