`Case 2:21-cv-00072-JRG-RSP Document 241-1 Filed 12/03/21 Page 1 of 4PagelD#: 7927
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`EXHIBIT 1
`EXHIBIT 1
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`Case 2:21-cv-00072-JRG-RSP Document 241-1 Filed 12/03/21 Page 2 of 4 PageID #: 7928
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`
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`v.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`Case No. 2:21-cv-00072-JRG
`§
`(LEAD CASE)
`§
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`§
`JURY TRIAL DEMANDED
`§
`§
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`§
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`§
`§
`§
`§
`§
`§
`§
`§
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`DECLARATION OF JOPSEH C. MCALEXANDER III IN SUPPORT OF PLAINTIFF
`AGIS SOFTWARE DEVELOPMENT LLC’S OPPOSED MOTION FOR EXTENSION
`OF CLOSE OF EXPERT DISCOVERY AND DEADLINES FOR DISPOSITIVE
`MOTIONS AND MOTIONS TO STRIKE EXPERT REPORTS
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`
`T-MOBILE USA, INC. and T-MOBILE US,
`INC.,
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`UBER TECHNOLOGIES, INC., d/b/a
`UBER,
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`Case No. 2:21-cv-00026-JRG
`(MEMBER CASE)
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`JURY TRIAL DEMANDED
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`I, Joseph C. McAlexander III, hereby declare as follows:
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`1.
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`I am the technical expert of Plaintiff AGIS Software Development LLC (“AGIS”)
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`with regard to Defendant Uber Technologies, Inc. d/b/a Uber (“Uber”). I submit this declaration
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`based on my personal knowledge and in support of AGIS’s Opposed Motion for Extension of
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`Close of Expert Discovery and Deadlines for Dispositive Motions and Motions to Strike Expert
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`Report.
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`2.
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`On November 8, 2021, I submitted the Expert Report of Joseph C. McAlexander
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`III Regarding Infringement of U.S. Patent Numbers: 8,213,970; 7,031,728; 7,630,724;
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`10,299,100; and 10,341,838 with respect to Uber.
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`Case 2:21-cv-00072-JRG-RSP Document 241-1 Filed 12/03/21 Page 3 of 4 PageID #: 7929
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`3.
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`On November 29, 2021, I submitted the Rebuttal Expert Report of Joseph C.
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`McAlexander III Regarding Validity of U.S. Patent Numbers: 8,213,970; 7,031,728; 7,630,724;
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`10,299,100; and 10,341,838 with respect to Uber.
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`4.
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`I understand that counsel for Uber requested my availability for deposition on
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`November 29, 2021.
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`5.
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`I informed counsel for AGIS that my first availability for deposition was
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`December 20, 2021 and I understand that this is the date AGIS has offered to Uber.
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`6.
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`I informed counsel for AGIS that I was unavailable for deposition the week of
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`November 29, 2021 due to an expert declaration in the case IPR2020-01612, an expert report in
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`the case 1:14-cv-01480, an expert declaration in ex parte reexamination control number
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`90/014,675, and scheduled deposition preparation for case IPR2021-00381.
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`7.
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`I also informed counsel for AGIS that I was unavailable for deposition the week
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`of December 6, 2021 due to scheduled deposition preparation for case IPR2021-00305, expert
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`declarations in cases IPR2021-00650 and IPR2021-00652, deposition preparation and deposition
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`for case IPR2021-00172, and completion of the expert report for case 1:14-cv-01480.
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`8.
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`I further informed counsel for AGIS that I was unavailable for deposition the
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`week of December 13, 2021 due to deposition preparation and four depositions in the following
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`cases: IPR2021-00255, IPR2021-00305, IPR2021-00381, and 6:19-cv-00656-ADA.
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`9.
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`I understand that counsel for Uber requested two days for deposition for the two
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`expert reports I have submitted with respect to Uber. I informed counsel for AGIS that I am
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`available for deposition on December 20, 2021 and December 22, 2021 even though I have an
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`expert declaration due in case IPR2021-00612 on December 23, 2021.
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`Case 2:21-cv-00072-JRG-RSP Document 241-1 Filed 12/03/21 Page 4 of 4 PageID #: 7930
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`10.
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`I understand that counsel for Uber has not accepted these dates. I will hold open
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`these dates on the request of AGIS’s counsel as Uber’s counsel has not indicated their
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`unavailability for these dates.
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` declare under penalty of perjury that the foregoing is true and correct to the best of my
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` I
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`knowledge.
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`Executed on December 3, 2021 in Richardson, TX.
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`Joseph C. McAlexander III
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