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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`§
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` §
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` §
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`DECLARATION OF ASHBEY N. MORGAN IN SUPPORT OF
`DEFENDANT’S MOTION TO STAY PENDING RESOLUTION OF
`STANDING ISSUE
`
`
`
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`
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`CASE NO. 2:21-cv-00072-JRG
`(Lead Case)
`
`CASE NO. 2:21-cv-00024-JRG
`(Member Case)
`
`CASE NO. 2:21-cv-00026-JRG
`(Member Case)
`
`CASE NO. 2:21-cv-00029-JRG
`(Member Case)
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`v.
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`T-MOBILE USA, INC., AND T-MOBILE
`US, INC.
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`v.
`
`LYFT, INC.
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`v.
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`UBER TECHNOLOGIES, INC.,
`d/b/a UBER,
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`v.
`
`WHATSAPP, INC.
`
`
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`
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`Case 2:21-cv-00072-JRG Document 25-1 Filed 04/23/21 Page 2 of 3 PageID #: 361
`
`I, Ashbey N. Morgan, hereby declare as follows:
`
`
`
`1.
`
`I am an associate at the law firm of Gibson, Dunn & Crutcher LLP and represent Uber
`
`Technologies, Inc. (“Uber”) in the above-captioned action. I am a member in good standing of
`
`the State Bar of Texas. The facts set forth herein are true and correct to the best of my own personal
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`knowledge. If called upon to testify as a witness, I could and would competently testify thereto.
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`2.
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`I submit this declaration in support of Uber’s Motion to Stay Pending Resolution of
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`Standing Issue.
`
`3. Attached as Exhibit 1 is a true and correct copy of the LinkedIn profile of Rus Rice.
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`4. Attached as Exhibit 2 is a true and correct copy of U.S. Patent No. 8,618,984, titled
`
`“Selecting Beacons for Location Inference,” dated December 31, 2013.
`
`5. Attached as Exhibit 3 is a true and correct copy of Exhibit A to the First Amended
`
`Complaint filed in Ancora Technologies, Inc. v. Toshiba America Information Systems, Inc. et al.,
`
`Case. No. 2:09-cv-00270, Dkt. No. 48 (W.D. Wash. May 13, 2009).
`
`6. Attached as Exhibit 4 is a true and correct copy of the Assignment of Invention and
`
`Patent Application for U.S. Patent App. No. 11/308,648, signed by Christopher R. Rice on June 19,
`
`2006.
`
`7. Attached as Exhibit 5 is a true and correct copy of the Patent Assignment Cover Sheet
`
`for U.S. Pat. App. Nos. 15/722,660 and 15/809,102, signed by Christopher R. Rice on April 23,
`
`2015.
`
`8. Attached as Exhibit 6 is a true and correct copy of correspondence sent from Mark
`
`Reiter, counsel of record for Uber, to Alfred R. Fabricant, counsel of record for Plaintiff AGIS
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`Software Development LLC (“AGIS”), dated April 2, 2021.
`
`9. Attached as Exhibit 7 is a true and correct copy of correspondence sent from Vincent
`
`
`
`1
`
`
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`Case 2:21-cv-00072-JRG Document 25-1 Filed 04/23/21 Page 3 of 3 PageID #: 362
`
`
`
`J. Rubino, counsel of record for AGIS, to Mark Reiter, counsel of record for Uber, dated April 21,
`
`2021.
`
`
`
` I
`
` declare under penalty of perjury that the foregoing is true and correct.
`
`
`
`Executed on April 23, 2021.
`
`
`
`
`Ashbey N. Morgan
`
`
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`
`
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`2
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`
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