Case 2:22-cv-00263-JRG-RSP Document 122-1 Filed 09/07/23 Page 1 of 4 PageID #: 9463
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Case No. 2:22-cv-00263-JRG-RSP
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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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`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS, AMERICA,
`INC.,
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`Defendants.
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`DECLARATION OF MARK LIANG IN SUPPORT OF SAMSUNG’S MOTION FOR
`LEAVE TO AMEND INVALIDITY CONTENTIONS UNDER P.R. 3-6(b)
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`Case 2:22-cv-00263-JRG-RSP Document 122-1 Filed 09/07/23 Page 2 of 4 PageID #: 9464
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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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`Invalidity Contentions Under P.R. 3-6(b), filed concurrently herewith. I have personal
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`knowledge of the statements set forth in this declaration and, if called as a witness, would testify
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`competently.
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`3.
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`Attached hereto as Exhibit A is a true and correct copy of excerpts from AGIS’s
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`November 2022 ITC complaint against Google, Samsung, OnePlus, TCL, Lenovo, Motorola,
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`HMD, Sony, ASUS, Caterpillar, BLU, Panasonic, Kyocera, and Xiaomi (Inv. No. 337-TA-
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`1347), with cited sections highlighted.
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`4.
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`Attached hereto as Exhibit B is a true and correct copy of Order No. 26 in ITC
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`Inv. No. 337-TA-1347, issued on June 20, 2023, providing an initial determination granting
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`AGIS’s motion to withdraw its November 2022 ITC complaint against Google, Samsung, TCL,
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`Lenovo, Motorola, HMD, Sony, ASUS, BLU, and Panasonic, with cited sections highlighted.
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`5.
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`Attached hereto as Exhibit C is a true and correct copy of excerpts of Samsung’s
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`Invalidity Contentions claim chart for U.S. Patent No. 9,467,838 (“’838 Patent”), asserting prior
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`art reference U.S. Patent No. 7,353,034, which is the issued patent of U.S. Patent Publication No.
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`2006/0223518 (“Haney”).
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`6.
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`Attached hereto as Exhibit D is a true and correct copy of excerpts of Samsung’s
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`Invalidity Contentions claim chart for the ’838 Patent, asserting prior art reference U.S. Patent
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`No. 7,630,724, which is the issued patent of U.S. Patent Publication No. 2006/0199612 (“Beyer
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`’612”).
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`7.
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`Attached hereto as Exhibit E is a true and correct copy of the Haney prior art
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`reference.
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`8.
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`Attached hereto as Exhibit F is a true and correct copy of the Beyer ’612 prior art
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`2
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`Case 2:22-cv-00263-JRG-RSP Document 122-1 Filed 09/07/23 Page 3 of 4 PageID #: 9465
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`reference.
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`9.
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`Attached hereto as Exhibit G is a true and correct copy of U.S. Patent No.
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`7,031,728 (“Beyer ’728”).
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`10.
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`Attached hereto as Exhibit H is a true and correct copy of Respondents’
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`Invalidity Contentions claim chart for the Haney prior art reference, served in ITC Inv. No. 337-
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`TA-1347 on May 18, 2023.
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`11.
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`Attached hereto as Exhibit I is a true and correct copy of Respondents’ Invalidity
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`Contentions claim chart for the Beyer ’612 prior art reference, served in ITC Inv. No. 337-TA-
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`1347 on May 18, 2023.
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`12.
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`Attached hereto as Exhibit J is a true and correct copy of Respondents’ Invalidity
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`Contentions claim chart for the Beyer ’728 prior art reference, served in ITC Inv. No. 337-TA-
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`1347 on May 18, 2023.
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`13.
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`Attached hereto as Exhibit K is a true and correct copy of the February 2, 2023
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`procedural schedule in ITC Inv. No. 337-TA-1347 setting a deadline of June 6, 2023 for
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`“responses to contention interrogatories on issues for which the responding party does not bear
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`the burden of proof.”
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`14.
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`Attached hereto as Exhibit L is a true and correct copy of Samsung’s proposed
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`supplemental invalidity contentions claim chart for the Haney reference with respect to U.S.
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`Patent No. 8,213,970 (the “’970 Patent”).
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`15.
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`Attached hereto as Exhibit M is a true and correct copy of Samsung’s proposed
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`supplemental invalidity contentions claim chart for the Beyer ’612 reference with respect to the
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`’970 Patent.
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`16.
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`Attached hereto as Exhibit N is a true and correct copy of Samsung’s proposed
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`supplemental invalidity contentions claim chart for the Beyer ’728 reference with respect to the
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`’970 Patent.
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`17.
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`Attached hereto as Exhibit O is a true and correct copy of excerpts of Samsung’s
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`proposed supplement to the Invalidity Contentions Cover Pleading, originally served on
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`3
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`Case 2:22-cv-00263-JRG-RSP Document 122-1 Filed 09/07/23 Page 4 of 4 PageID #: 9466
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`February 23, 2023.
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`18.
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`Attached hereto as Exhibit P is a true and correct copy of a redline comparison of
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`excerpts of Samsung’s proposed supplement to the Invalidity Contentions Cover Pleading
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`against the Cover Pleading originally served on February 23, 2023.
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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 September 7, 2023.
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`Dated: September 7, 2023
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`/s/ Mark Liang
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`Mark Liang
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`4
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