`10492
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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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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`v.
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`SAMSUNG ELECTRONICS CO., LTD.,
`ET AL.,
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`Defendants.
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`DECLARATION OF ALFRED R. FABRICANT IN SUPPORT OF
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S SUR-REPLY
`IN FURTHER OPPOSITION TO SAMSUNG’S MOTION FOR LEAVE
`TO AMEND ANSWER TO ADD CLAIM PRECLUSION AND
`KESSLER DOCTRINE AFFIRMATIVE DEFENSES (DKT. 101)
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`I, Alfred R. Fabricant, 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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`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 2 is a true and correct copy of the Joint Stipulation and
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`[Proposed] Case Schedule, Dkt. 433, dated March 31, 2023 in AGIS Software Development LLC
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`v. Google LLC (Consolidated Case), Case No. 5:22-cv-04826-BLF and AGIS Software
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`Development LLC v. Waze Mobile Ltd. (Consolidated Case), Case No. 5:22-cv-04826-BLF.
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`Case 2:22-cv-00263-JRG-RSP Document 127-1 Filed 09/12/23 Page 2 of 2 PageID #:
`10493
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`5.
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`Attached hereto as Exhibit 3 is a true and correct copy of the transcript of the August
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`22, 2023 hearing held before The Honorable Roy S. Payne in AGIS Software Development Ltd. v.
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`Samsung Electronics Co., Ltd., et al., Case No. 2:22-cv-263-JRG.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed on September 12, 2023 in Rye, New York.
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`/s/ Alfred R. Fabricant
` Alfred R. Fabricant
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`2
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