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`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
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`
`
`v.
`
`
`
`Case No. 2:21-cv-00024-JRG
`(MEMBER CASE)
`
`JURY TRIAL DEMANDED
`
`Case No. 2:21-cv-00026-JRG
`(MEMBER CASE)
`
`JURY TRIAL DEMANDED
`
`Case No. 2:21-cv-00029-JRG
`(MEMBER CASE)
`
`JURY TRIAL DEMANDED
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`Case No. 2:21-cv-00072-JRG
`§
`(LEAD CASE)
`§
`
`§
`JURY TRIAL DEMANDED
`§
`§
`
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`DECLARATION OF VINCENT J. RUBINO, III
`IN SUPPORT OF PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S
`OPENING CLAIM CONSTRUCTION BRIEF
`
`I, Vincent J. Rubino, III, hereby declare as follows:
`
`
`T-MOBILE USA, INC. and T-MOBILE US,
`INC.,
`
`LYFT, INC.,
`
`
`
`UBER TECHNOLOGIES, INC., d/b/a
`UBER,
`
`
`
`WHATSAPP, INC.,
`
`
`
`Defendants.
`
`1.
`
`I have personal knowledge of the facts set forth in this declaration. I am
`
`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.
`
`2.
`
`I am a Partner at the law firm of Fabricant LLP and counsel of record for Plaintiff
`
`AGIS Software Development LLC, in this matter.
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`
`
`
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`Case 2:21-cv-00072-JRG-RSP Document 145-1 Filed 09/07/21 Page 2 of 3 PageID #: 4667
`
`3.
`
`The exhibits attached to this declaration may contain annotations and/or excerpts
`
`of the originals.
`
`4.
`
`Attached hereto as Exhibit A is a true and correct copy of U.S. Patent No.
`
`7,630,724, issued by the USPTO on December 8, 2009 to Malcolm K. Beyer, Jr.
`
`5.
`
`Attached hereto as Exhibit B is a true and correct copy of U.S. Patent No.
`
`7,031,728, issued by the USPTO on April 18, 2006 to Malcolm K. Beyer, Jr.
`
`6.
`
`Attached hereto as Exhibit C is a true and correct copy of U.S. Patent No.
`
`8,213,970, issued by the USPTO on July 3, 2012 to Malcolm K. Beyer, Jr.
`
`7.
`
`Attached hereto as Exhibit D is a true and correct copy of U.S. Patent No.
`
`9,408,055, issued by the USPTO on August 2, 2016 to Malcolm K. Beyer, Jr.
`
`8.
`
`Attached hereto as Exhibit E is a true and correct copy of U.S. Patent No.
`
`9,445,251, issued by the USPTO on September 13, 2016 to Malcolm K. Beyer, Jr.
`
`9.
`
`Attached hereto as Exhibit F is a true and correct copy of U.S. Patent No.
`
`9,467,838, issued by the USPTO on October 11, 2016 to Malcolm K. Beyer, Jr.
`
`10.
`
`Attached hereto as Exhibit G is a true and correct copy of U.S. Patent No.
`
`9,749,829, issued by the USPTO on August 29, 2017 to Malcolm K. Beyer, Jr.
`
`11.
`
`Attached hereto as Exhibit H is a true and correct copy of U.S. Patent No.
`
`10,299,100, issued by the USPTO on May 21, 2019 to Malcolm K. Beyer, Jr.
`
`12.
`
`Attached hereto as Exhibit I is a true and correct copy of U.S. Patent No.
`
`10,341,838, issued by the USPTO on July 2, 2019 to Malcolm K. Beyer, Jr.
`
`13.
`
`Attached hereto as Exhibit J is a true and correct copy of the Declaration of
`
`Joseph C. McAlexander, III Regarding Claim Construction in AGIS Software Development, LLC
`
`2
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 145-1 Filed 09/07/21 Page 3 of 3 PageID #: 4668
`
`v. T-Mobile USA, Inc. and T-Mobile US, Inc., Case No. 2:21-cv-00072-JRG-RSP (Lead Case),
`
`dated August 17, 2021.
`
`14.
`
`Attached hereto as Exhibit K is a true and correct copy of the Petition for Inter
`
`Partes Review of U.S. Patent No. 7,630,724, IPR2021-01178 at Paper 2 (P.T.A.B Jun. 6, 2021).
`
`15.
`
`Attached hereto as Exhibit L is a true and correct copy of the Claim Construction
`
`Memorandum Order Issued in AGIS Software Development, LLC v. Huawei Device USA Inc., et
`
`al., Case No. 2:17-cv-00513-JRG (E.D Tex. Oct. 10, 2018), Dkt. 205.
`
`16.
`
`Attached hereto as Exhibit M is a true and correct copy of the Claim Construction
`
`Memorandum Order Issued in AGIS Software Development, LLC v.Google LLC, et al., Case No.
`
`2:19-cv-00361-JRG (Lead Case) (E.D. Tex. Dec. 8, 2020), Dkt. 147.
`
`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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`3
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`
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