Case 2:22-cv-00263-JRG-RSP Document 101-1 Filed 08/11/23 Page 1 of 5 PageID #: 7462
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`v.
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`CIVIL ACTION NO. 2:22-cv-263-JRG
`(LEAD CASE)
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`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
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`JURY TRIAL DEMANDED
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`Defendant.
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`
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`DECLARATION OF MARK LIANG IN SUPPORT OF SAMSUNG ELECTRONICS CO.
`LTD. AND SAMSUNG ELECTRONICS AMERICA, INC.’S MOTION FOR LEAVE TO
`AMEND ANSWER TO ADD CLAIM PRECLUSION AND KESSLER DOCTRINE
`AFFIRMATIVE DEFENSES
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`1
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`Case 2:22-cv-00263-JRG-RSP Document 101-1 Filed 08/11/23 Page 2 of 5 PageID #: 7463
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`I, Mark Liang, declare and state as follows:
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`1.
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`I am a Partner at O’Melveny & Myers LLP, counsel for Defendants Samsung
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`Electronics Co. Ltd. and Samsung Electronics America, Inc. (“Samsung”) in the above captioned
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`matter.
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`2.
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`I submit this declaration in support of Samsung’s Motion for Leave to Amend
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`Answer to Add Claim Preclusion and Kessler Doctrine Affirmative Defenses, filed concurrently
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`herewith. I have personal knowledge of the statements set forth in this declaration and, if called
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`as a witness, would testify competently.
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`3.
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`Attached hereto as Exhibit A is a true and correct copy of Samsung’s Proposed
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`Amended Answer that it seeks leave to file in this case, AGIS Software Development LLC v.
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`Samsung Electronics Co. Ltd. and Samsung Electronics America, Inc., No. 2:22-CV-00263-JRG-
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`RSP.
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`4.
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`Attached hereto as Exhibit B is a true and correct copy of a redline comparison of
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`Samsung’s Proposed Amended Answer that it seeks leave to file in this case, AGIS Software
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`Development LLC v. Samsung Electronics Co. Ltd. and Samsung Electronics America, Inc., No.
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`2:22-CV-00263-JRG-RSP, compared to the Answer that Samsung filed on June 30, 2023 (as
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`Dkt. 80), in this case, showing changes made.
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`5.
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`Attached hereto as Exhibit C is a true and correct copy of a screen capture of a
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`Google webpage titled “Find, lock, or erase a lost Android device,” located at
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`https://support.google.com/accounts/answer/6160491?hl=en#zippy=%2Cfind-yourandroid-
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`devices-imei-number%2Cfind-your-device-with-your-wear-os-watch%2Cusefind-my-device-
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`app, and captured on August 9, 2023.
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`6.
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`Attached hereto as Exhibit D is a true and correct copy of excerpts from AGIS’s
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`2017 complaint against ZTE filed in the Eastern District of Texas (Case No. 2:17-CV-00517-
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`JRG), with cited sections highlighted.
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`7.
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`Attached hereto as Exhibit E is a true and correct copy of excerpts from AGIS’s
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`2017 complaint against LG filed in the Eastern District of Texas (Case No. 2:17-CV-00515-
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`2
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`Case 2:22-cv-00263-JRG-RSP Document 101-1 Filed 08/11/23 Page 3 of 5 PageID #: 7464
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`
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`JRG), with cited sections highlighted.
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`8.
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`Attached hereto as Exhibit F is a true and correct copy of excerpts from AGIS’s
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`2017 complaint against HTC filed in the Eastern District of Texas (Case No. 2:17-CV-00514-
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`JRG), with cited sections highlighted.
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`9.
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`Attached hereto as Exhibit G is a true and correct copy of excerpts from AGIS’s
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`2017 complaint against Huawei filed in the Eastern District of Texas (Case No. 2:17-CV-00514-
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`JRG), with cited sections highlighted.
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`10.
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`Attached hereto as Exhibit H is a true and correct copy of excerpts from AGIS’s
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`2019 complaint against Google filed in the Eastern District of Texas (Case No. 2:19-CV-00361-
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`JRG), with cited sections highlighted.
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`11.
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`Attached hereto as Exhibit I is a true and correct copy of excerpts from AGIS’s
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`2019 complaint against Samsung filed in the Eastern District of Texas (Case No. 2:19-CV-
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`00362-JRG), with cited sections highlighted.
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`12.
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`Attached hereto as Exhibit J is a true and correct copy of excerpts from a May
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`15, 2020, Request for Ex Parte Reexamination of U.S. Patent No. 8,213,970 under 35 U.S.C. §
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`302 and 37 C.F.R. § 1.510 filed in the United States Patent and Trademark Office, Central
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`Reexamination Unit (Control No. 90/014,507).
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`13.
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`Attached hereto as Exhibit K is a true and correct copy of the October 19, 2021,
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`Amendment and Reply Under 37 C.F.R. 1.113 to A Final Office Action, in the Ex Parte
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`Reexamination of U.S. Patent No. 8,213,970 under 35 U.S.C. § 302 and 37 C.F.R. § 1.510 filed
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`in the United States Patent and Trademark Office, Central Reexamination Unit (Control No.
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`90/014,507).
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`14.
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`Attached hereto as Exhibit L is a true and correct copy of the December 9, 2021,
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`Ex Parte Reexamination Certificate for U.S. Patent No. 8,213,970 (Control No. 90/014,507).
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`15.
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`Attached hereto as Exhibit M is a true and correct copy of Defendant Google
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`LLC’s Rule 12(b)(1) Motion to Dismiss U.S. Patent No. 8,213,970 from AGIS Software
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`Development LLC v. Google LLC, Waze Mobile Limited, Samsung Electronics Co., Ltd., and
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`3
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`Case 2:22-cv-00263-JRG-RSP Document 101-1 Filed 08/11/23 Page 4 of 5 PageID #: 7465
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`
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`Samsung Electronics America, Inc. in the Eastern District of Texas (Case Nos. 2:19-CV-00359-
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`JRG-00362-JRG, Dkt. 249).
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`16.
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`Attached hereto as Exhibit N is a true and correct copy of Defendant Google
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`LLC’s Rule 12(b)(1) Motion to Dismiss U.S. Patent No. 8,213,970 from AGIS Software
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`Development LLC v. Google LLC in the Northern District of California (Case No. 5:22-CV-
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`04826-BLF, Dkt. 425).
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`17.
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`Attached hereto as Exhibit O is a true and correct copy of the Joint Motion and
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`Stipulation for Dismissal of Claims 2 and 10-13 of U.S. Patent No. 8,213,970 from AGIS
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`Software Development LLC v. Google LLC in the Northern District of California (Case No. 5:22-
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`CV-04826-BLF, Dkt. 437).
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`18.
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`Attached hereto as Exhibit P is a true and correct copy of the Joint Motion and
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`Stipulation for Dismissal of Claims 2 and 10-13 of U.S. Patent No. 8,213,970 and Order from
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`AGIS Software Development LLC v. Google LLC in the Northern District of California (Case No.
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`5:22-CV-04826-BLF, Dkt. 438).
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`19.
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`Attached hereto as Exhibit Q is a true and correct copy of excerpts from AGIS’s
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`2023 complaint against Google filed in the Western District of Texas (Case No. 6:23-CV-00160-
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`DC-DTG), with cited sections highlighted.
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`20.
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`Attached hereto as Exhibit R is a true and correct copy of AGIS’s Notice of
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`Voluntary Dismissal Without Prejudice from AGIS Software Development LLC v. Google LLC in
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`the Western District of Texas (Case No. 6:23-CV-00160-DC-DTG, Dkt. 12).
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`21.
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`Attached hereto as Exhibit S is a true and correct copy of Google’s Complaint for
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`Declaratory Judgment against AGIS filed in the Northern District of California (Case No. 5:23-
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`CV-03624-BLF).
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` I
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` declare under penalty of perjury that the foregoing is true and correct. Executed in San
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`Francisco, California on August 11, 2023.
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`Case 2:22-cv-00263-JRG-RSP Document 101-1 Filed 08/11/23 Page 5 of 5 PageID #: 7466
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`Dated: August 11, 2023
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`/s/ Mark Liang
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`Mark Liang
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`5
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