Case 2:22-cv-00263-JRG-RSP Document 123-1 Filed 09/07/23 Page 1 of 5 PageID #:
`10101
`CONFIDENTIAL - FILED UNDER SEAL
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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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`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
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`Defendant.
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`CIVIL ACTION NO. 2:22-cv-263-JRG
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` FILED UNDER SEAL
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` JURY TRIAL DEMANDED
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`DECLARATION OF MARK LIANG IN SUPPORT OF SAMSUNG’S MOTION TO
`SEVER AND TRANSFER TO THE NORTHERN DISTRICT OF CALIFORNIA
`CLAIMS AGAINST GOOGLE FIND MY DEVICE
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`

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`Case 2:22-cv-00263-JRG-RSP Document 123-1 Filed 09/07/23 Page 2 of 5 PageID #:
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`CONFIDENTIAL
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`I, Mark Liang, declare and state as follows:
`I am a Partner at O’Melveny & Myers LLP, counsel for Defendants Samsung
`1.
`Electronics Co. Ltd. and Samsung Electronics America, Inc. (“Samsung”) in the above captioned
`matter.
`I submit this declaration in support of Samsung’s Motion to Sever Claims Based
`2.
`on Google’s Find My Device and Transfer Those Claims to the Northern District of California,
`filed concurrently herewith. I have personal knowledge of the statements set forth in this
`declaration and, if called as a witness, would testify competently.
`Attached hereto as Exhibit A is a true and correct copy of excerpts from AGIS’s
`3.
`2019 complaint against Samsung filed in the Eastern District of Texas (Case No. 2:19-CV-
`00362-JRG), with cited sections highlighted.
`Attached hereto as Exhibit B is a true and correct copy of excerpts from AGIS’s
`4.
`2019 complaint against Google filed in the Eastern District of Texas (Case No. 2:19-CV-00361-
`JRG), with cited sections highlighted.
`Attached hereto as Exhibit C is a true and correct copy of AGIS, Google, and
`5.
`Waze’s Joint Motion and Stipulation For Dismissal of Claims 2 and 10-13 of U.S. Patent No.
`8,213,970 filed in the Northern District of California (Case No. 5:22-CV-04826-BLF, Dkt. 437).
`Attached hereto as Exhibit D is a true and correct copy of Google and Waze’s
`6.
`Notice of Motion and Motion for summary Judgment in the Northern District of California (Case
`No. 5:22-CV-04826-BLF, Dkt. 434), with cited sections highlighted.
`Attached hereto as Exhibit E is a true and correct copy of AGIS’s December 1,
`7.
`2022 Disclosure of Asserted Claims and Infringement Contentions served in this Case (Eastern
`District of Texas Case No. 2:22-CV-00263-JRG-RSP), with cited sections highlighted.
`Attached hereto as Exhibit F is a true and correct copy of excerpts from AGIS’s
`8.
`November 2022 ITC complaint against Google, Samsung, OnePlus, TCL, Lenovo, Motorola,
`HMD, Sony, ASUS, Caterpillar, BLU, Panasonic, Kyocera, and Xiaomi (Inv. No. 337-TA-
`1347), with cited sections highlighted.
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`Case 2:22-cv-00263-JRG-RSP Document 123-1 Filed 09/07/23 Page 3 of 5 PageID #:
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`Attached hereto as Exhibit G is a true and correct copy of Order No. 26 in ITC
`9.
`Inv. No. 337-TA-1347, issued on June 20, 2023, providing an initial determination granting
`AGIS’s motion to withdraw its November 2022 ITC complaint against Google, Samsung, TCL,
`Lenovo, Motorola, HMD, Sony, ASUS, BLU, and Panasonic, with cited sections highlighted.
`Attached hereto as Exhibit H is a true and correct copy of an email chain between
`10.
`Samsung’s counsel and AGIS’s counsel where AGIS notified Samsung of its intention to file a
`motion for leave to amend its infringement contentions to add allegations relating to FMD, with
`cited sections highlighted.
`Attached hereto as Exhibit I is a true and correct copy of excerpts from AGIS’s
`11.
`2023 complaint against Google filed in the Western District of Texas (Case No. 6:23-CV-00160-
`DC-DTG), with cited sections highlighted.
`Attached hereto as Exhibit J is a true and correct copy of Google’s unopposed
`12.
`motion to stay AGIS’s Western District of Texas action against Google (Case No. 6:23-CV-
`00160-DC-DTG), with cited sections highlighted.
`Attached hereto as Exhibit K is a true and correct copy of AGIS’s Notice of
`13.
`Voluntary Dismissal Without Prejudice of its Western District of Texas action against Google
`(Case No. 6:23-CV-00160-DC-DTG, Dkt. 12), with cited sections highlighted.
`Attached hereto as Exhibit L is a true and correct copy of excerpts from Google’s
`14.
`2023 declaratory judgment complaint against AGIS filed in the Northern District of California
`(Case No. 5:23-CV-03624-BLF), with cited sections highlighted.
`Attached hereto as Exhibit M is a true and correct copy of AGIS’s December 8,
`15.
`2022 Initial Disclosures to Defendants Samsung Electronics, Co., Ltd. and Samsung Electronics
`America, Inc. served in this Case (Eastern District of Texas Case No. 2:22-CV-00263-JRG-
`RSP), with cited sections highlighted.
`Attached hereto as Exhibit N is a true and correct copy of AGIS’s Public Exhibit
`16.
`144C to its November 2022 ITC complaint against Google, Samsung, OnePlus, TCL, Lenovo,
`Motorola, HMD, Sony, ASUS, Caterpillar, BLU, Panasonic, Kyocera, and Xiaomi (Inv. No.
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`Case 2:22-cv-00263-JRG-RSP Document 123-1 Filed 09/07/23 Page 4 of 5 PageID #:
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`337-TA-1347), with cited sections highlighted.
`Attached hereto as Exhibit O is a true and correct copy of a redacted version of
`17.
`the Declaration of Shannon Shaper, which was filed in support of motions to transfer in in AGIS
`Software Development LLC v. Waze Mobile Limited, Google LLC, Samsung Electronics Co. Ltd,
`and Samsung Electronics America, Inc., Nos. 2:19-CV-00359-JRG, 2:19-CV-00361-JRG, 2:19-
`CV-00362-JRG (E.D. Tex.), with cited sections highlighted. This copy was filed support of
`Samsung’s motion at Dkt. 46-3 in No. 2:19-CV-00361-JRG (lead case).
`Attached hereto as Exhibit P is a true and correct copy of excerpts from the
`18.
`deposition transcript of the June 15, 2023 deposition of Sorin Dinu in ITC Inv. No. 337-TA-
`1347, with cited sections highlighted.
`Attached hereto as Exhibit Q is a true and correct copy of excerpts from an
`19.
`idiCore Comprehensive Report for Neil Gilbert Seigel, prepared on July 18, 2023, with cited
`sections highlighted.
`Attached hereto as Exhibit R is a true and correct copy of excerpts from an
`20.
`Accurint for Legal Professionals Comprehensive Report for Richard Dayton Haney, prepared on
`July 17, 2023, with cited sections highlighted.
`Attached hereto as Exhibit S is a true and correct copy of excerpts from an
`21.
`Accurint for Legal Professionals Comprehensive Report for Stephen G Petilli, prepared on July
`17, 2023, with cited sections highlighted.
`Attached hereto as Exhibit T is a true and correct copy of a search on kayak.com
`22.
`for nonstop flights from Incheon International Airport (“ICN”) in Seoul, South Korea, to
`Dallas/Fort Worth International Airport (“DFW”).
`Attached hereto as Exhibit U is a true and correct copy of a search on kayak.com
`23.
`for nonstop flights from ICN to San Francisco International Airport (“SFO”).
`Attached hereto as Exhibit V is a true and correct copy of a search on Google
`24.
`Maps for driving time from DFW to the U.S. District Court in Marshall, Texas.
`Attached hereto as Exhibit W is a true and correct copy of Complainants’
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`Case 2:22-cv-00263-JRG-RSP Document 123-1 Filed 09/07/23 Page 5 of 5 PageID #:
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`Tentative Witness List filed in ITC Inv. No. 337-TA-1347 on April 18, 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 August 31, 2023.
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`Dated: August 31, 2023
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`/s/ Mark Liang
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`Mark Liang
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`5
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