Case 2:21-cv-00072-JRG-RSP Document 172-4 Filed 10/20/21 Page 1 of 3 PageID #: 5869
`Case 2:21-cv-00072-JRG-RSP Document172-4 Filed 10/20/21 Page 1 of 3 PagelD #: 5869
`
`
`
`
`
`
`
`
`
`EXHIBIT 4
`EXHIBIT 4
`
`
`
`4
`
`
`
`
`
`
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 172-4 Filed 10/20/21 Page 2 of 3 PageID #: 5870
`
`From:
`To:
`Cc:
`Subject:
`Date:
`Attachments:
`
`Enrique Iturralde
`Sainte, Liz; AGIS; Victor Padro; sbaxter@mckoolsmith.com; jtruelove@mckoolsmith.com; Reiter, Mark
`*** GDC-Uber-Agis; melissa@gillamsmithlaw.com
`Re: AGIS Software Development LLC v. Uber Technologies Inc. d/b/a Uber
`Tuesday, October 5, 2021 6:50:02 PM
`2021-09-17 Ltr. from M. Reiter to A. Fabricant.pdf
`
`[WARNING: External Email]
`Mark,
`
`I write in response to your 9/20 letter regarding what you refer to AGIS's claims for anonymizing
`contact information.
`
`On July 28 and August 6, we wrote to Uber regarding our proposal to enter an order focusing
`asserted claims and prior art for reducing costs. Our proposal was consistent with the model order
`and would have resulted in preliminary and final elections before the entry of expert reports. But,
`on August 6, you responded by declining our proposal and you did not offer any counter-proposal.
`So it comes as a surprise that you now allege any prejudice or unnecessary expense related to
`asserted claims when Uber has refused to narrow the case. You cannot have it both ways.
`
`Putting aside the parties’ dispute on the merits, your request is premature. Discovery is still
`ongoing. AGIS is still inspecting Uber's source code because Uber repeatedly withheld relevant code
`and continued to produce additional code on an iterative basis, the last of which was finally
`produced on 9/3. Yesterday, AGIS identified additional deficiencies in Uber’s source code
`production, and we are are still waiting for supplementation. AGIS has also requested depositions of
`Uber's technical witnesses, which will include witnesses knowledgeable regarding source code and
`the operation of the Uber products. We are still waiting for dates for those depositions despite
`multiple requests for them. Because there are significant milestones remaining in discovery, we
`decline your proposal for an early, unilateral reduction of the asserted claims.
`
`If you would like to revisit a mutual reduction of asserted claims and prior art, we will consider any
`new proposals.
`
`Finally, we are not pursuing the Fleet app as a standalone theory because it is part of the Uber
`Platform.
`
`Regards,
`Enrique
`
`From: Sainte, Liz <LSainte@gibsondunn.com>
`Sent: Monday, September 20, 2021 8:04 PM
`To: AGIS <AGIS@fabricantllp.com>; Victor Padro <vpadro@fabricantllp.com>;
`sbaxter@mckoolsmith.com <sbaxter@mckoolsmith.com>; jtruelove@mckoolsmith.com
`<jtruelove@mckoolsmith.com>; Enrique Iturralde <eiturralde@fabricantllp.com>
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 172-4 Filed 10/20/21 Page 3 of 3 PageID #: 5871
`
`Cc: *** GDC-Uber-Agis <GDC-Uber-Agis@gibsondunn.com>; melissa@gillamsmithlaw.com
`<melissa@gillamsmithlaw.com>
`Subject: RE: AGIS Software Development LLC v. Uber Technologies Inc. d/b/a Uber
`
`Counsel,
`
`Attached please find correspondence from Defendant Uber regarding AGIS’s Amended Infringement
`Contentions.
`
`Best,
`Liz Sainte
`Paralegal
`
`GIBSON DUNN
`
`Gibson, Dunn & Crutcher LLP
`1881 Page Mill Road, Palo Alto, CA 94304-1211
`Tel +1 650.849.5251 • Fax +1 650.849.5051
`LSainte@gibsondunn.com • www.gibsondunn.com
`
`
`This message may contain confidential and privileged information for the sole use of the
`intended recipient. Any review, disclosure, distribution by others or forwarding without
`express permission is strictly prohibited. If it has been sent to you in error, please reply to
`advise the sender of the error and then immediately delete this message.
`
`Please see our website at https://www.gibsondunn.com/ for information regarding the firm
`and/or our privacy policy.
`
`