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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`v.
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`T-MOBILE USA, INC. and T-MOBILE US,
`INC.,
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`Defendants.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
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`§
`Case No. 2:21-cv-00072-JRG
`§
`(LEAD CASE)
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`JURY TRIAL DEMANDED
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`v.
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`WHATSAPP, INC.,
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`Defendant.
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`Case No. 2:21-cv-00029-JRG
`(MEMBER CASE)
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`JURY TRIAL DEMANDED
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`DECLARATION OF VINCENT J. RUBINO, III IN SUPPORT OF
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S SUR-REPLY
`IN FURTHER SUPPORT OF OPPOSITION TO
`DEFENDANT WHATSAPP, INC.’S MOTION TO DISMISS
`FIRST AMENDED COMPLAINT FOR IMPROPER VENUE (DKT. 63)
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`I, Vincent J. Rubino, III, hereby declare as follows:
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`1.
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`I have personal knowledge of the facts set forth in this declaration. I am competent
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`to testify as to all matters stated, and I am not under any legal disability that would in any way
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`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
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`AGIS Software Development LLC, in this matter.
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`Case 2:21-cv-00072-JRG-RSP Document 95-1 Filed 06/23/21 Page 2 of 2 PageID #: 2701
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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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`4.
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`Attached hereto as Exhibit 23 is a true and correct copy of a screen capture of the
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`WhatsApp Privacy Policy last modified January 4, 2021 (archived versions), taken June 18, 2021,
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`and available at https.//www.whatsapp.com/legal/privacy-policy.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed on June 23, 2021 in Livingston NJ.
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`/s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
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`2
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