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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`
`Case No. 2:21-cv-00026-JRG
`(MEMBER CASE)
`
`JURY TRIAL DEMANDED
`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`v.
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`
`UBER TECHNOLOGIES, INC., d/b/a
`UBER,
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`Defendant.
`
`v.
`
`
`T-MOBILE USA, INC. and T-MOBILE US,
`INC.,
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`
`Defendants.
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`
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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)
`§
`
`JURY TRIAL DEMANDED
`§
`§
`
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`DECLARATION OF ALFRED R. FABRICANT IN SUPPORT OF
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S RESPONSE
`IN OPPOSITION TO DEFENDANT UBER TECHNOLOGIES, INC.,
`D/B/A UBER’S MOTION TO DISMISS (DKT. 24)
`
`I, Alfred R. Fabricant, hereby declare as follows:
`
`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.
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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
`
`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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`
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`Case 2:21-cv-00072-JRG Document 43-1 Filed 05/07/21 Page 2 of 2 PageID #: 646
`
`4.
`
`Attached hereto as Exhibit A is a true and correct copy of Uber Technologies, Inc.
`
`Form 10-K Annual Report for the period ending December 31, 2020.
`
`5.
`
`Attached hereto as Exhibit B is a true and correct copy of a screenshot entitled
`
`Want to Build Data Centers for Uber? Follow This Simple Recipe by Yevgeniy Sverdiik, dated
`
`November 5, 2018 taken at https://www.datacenterknowledge.com/uber/want-build-data-centers-
`
`uber-follow-simple-recipe.
`
`6.
`
`Attached hereto as Exhibit C is a true and correct copy of s a true and correct
`
`copy of Uber Technologies, Inc. Form S-1 Registration Statement Under the Securities Act of
`
`1933 filed April 11, 2019.
`
`7.
`
`Attached hereto as Exhibit D is a true and correct copy of U.S. Patent No.
`
`7,031,728 entitled Cellular Phone/PDA Communication System.
`
`8.
`
`Attached hereto as Exhibit E is a true and correct copy of U.S. Patent No.
`
`10,341,838 entitled Method to Provide Ad Hoc and Password Protected Digital and Voice
`
`Networks.
`
`9.
`
`Attached hereto as Exhibit F is a true and correct copy of U.S. Patent No.
`
`7,630,724 entitled Method of Providing a Cellular Phone/PDA Communication System.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed on May 7, 2021 in Rye, New York.
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`/s/ Alfred R. Fabricant
` Alfred R. Fabricant
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`2
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