Case 2:22-cv-00263-JRG-RSP Document 135-2 Filed 09/29/23 Page 1 of 6 PageID #:
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`EXHIBIT D
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`12801
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`EXHIBIT D
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`Case 2:22-cv-00263-JRG-RSP Document 135-2 Filed 09/29/23 Page 2 of 6 PageID #:
`1
`12802
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
`C-22-04826 BLF
`SAN JOSE, CALIFORNIA
`MARCH 1, 2023
`PAGES 1-43
`
`))))))))))
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`PLAINTIFF,
`
`VS.
`GOOGLE LLC,
`
`DEFENDANT.
`
`
`TRANSCRIPT OF ZOOM PROCEEDINGS
`BEFORE THE HONORABLE BETH LABSON FREEMAN
`UNITED STATES DISTRICT JUDGE
`A P P E A R A N C E S:
`FOR THE PLAINTIFF:
`
`FABRICANT LLP
`BY: VINCENT J. RUBINO, III
`411 THEODORE FREMD ROAD, SUITE 260 SOUTH
`RYE, NEW YORK 10580
`RUSS AUGUST & KABAT
`BY: MINNA Y. CHAN
`12424 WILSHIRE BOULEVARD, 12TH FLOOR
`LOS ANGELES, CALIFORNIA 90025
`O'MELVENY & MYERS LLP
`BY: DARIN W. SNYDER
` MARK LIANG
`TWO EMBARCADERO CENTER, 28TH FLOOR
`SAN FRANCISCO, CALIFORNIA 94111
`OFFICIAL COURT REPORTER:
`LEE-ANNE SHORTRIDGE, CSR, CRR
`CERTIFICATE NUMBER 9595
`
`FOR THE DEFENDANT:
`
`
`PROCEEDINGS RECORDED BY MECHANICAL STENOGRAPHY
`TRANSCRIPT PRODUCED WITH COMPUTER
`
`UNITED STATES COURT REPORTERS
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`Case 2:22-cv-00263-JRG-RSP Document 135-2 Filed 09/29/23 Page 3 of 6 PageID #:
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`12803
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`SAN JOSE, CALIFORNIA
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`MARCH 1, 2023
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`P R O C E E D I N G S
`(ZOOM PROCEEDINGS CONVENED AT 11:03 A.M.)
`THE CLERK: OKAY, YOUR HONOR, I BELIEVE WE ARE READY
`TO BEGIN.
`THE COURT: GOOD MORNING, EVERYONE. WELCOME.
`WE'RE GOING TO CALL BOTH OF THESE CASES TOGETHER, AND THEN
`I'LL GET YOUR APPEARANCES.
`THE CLERK: CALLING CASE 22-4826, AGIS SOFTWARE
`DEVELOPMENT LLC, VERSUS GOOGLE, LLC; AND CASE 22-4827, AGIS
`SOFTWARE DEVELOPMENT LLC, VERSUS WAZE MOBILE LIMITED.
`COUNSEL, IF YOU COULD PLEASE STATE YOUR APPEARANCES, AND
`IF WE COULD BEGIN WITH PLAINTIFF AND THEN MOVE TO DEFENDANTS.
`MS. CHAN: GOOD MORNING, YOUR HONOR.
`MINNA CHAN AND VINCENT RUBINO ON BEHALF OF THE PLAINTIFF,
`AGIS SOFTWARE DEVELOPMENT.
`THE COURT: GOOD MORNING.
`MR. SNYDER: GOOD MORNING, YOUR HONOR.
`DARIN SNYDER OF O'MELVENY & MYERS ON BEHALF OF DEFENDANTS
`GOOGLE AND WAZE.
`ALSO APPEARING FROM O'MELVENY & MYERS IS MR. MARK LIANG.
`THE COURT: WELCOME. GOOD TO SEE YOU ALL.
`ALL RIGHT. FIRST OF ALL, I AM SORRY THAT WHEN THIS CASE
`WAS TRANSFERRED FROM E.D. TEX THAT IT DID NOT GET SCHEDULED FOR
`A CASE MANAGEMENT CONFERENCE. I APPRECIATE THAT YOU PROMPTED
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`UNITED STATES COURT REPORTERS
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`Case 2:22-cv-00263-JRG-RSP Document 135-2 Filed 09/29/23 Page 4 of 6 PageID #:
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`12804
`OF COURSE I ONLY SEE THESE, THE ITC ISSUE, WHEN THERE IS A
`REQUEST FOR A STAY. I DON'T STICK MY NOSE UNDER THE TENT
`OTHERWISE.
`ALL RIGHT. WELL, I AM GOING TO NEED YOU TO COMPLY WITH
`OUR PATENT LOCAL RULES, AND OF COURSE THEY START WITH THE
`INITIAL CASE MANAGEMENT CONFERENCE, WHICH IS TECHNICALLY WHAT
`THIS IS IN THIS COURT.
`BUT I THINK YOU CAN ALL PROBABLY CATCH UP PRETTY QUICKLY
`ON THAT PART OF IT.
`LET ME JUST SAY AT THE OUTSET -- AND IT IS AT MR. SNYDER'S
`SUGGESTION, I THINK IT'S A GOOD ONE -- I'M GOING TO TERMINATE
`ALL PENDING MOTIONS WITHOUT PREJUDICE.
`I ONLY ALLOW ONE SUMMARY JUDGMENT MOTION PER SIDE IN THE
`LIFE OF THE CASE. I THINK JUDGE GILSTRAP ALLOWS THEM TO BE
`SUBMITTED IN BITE-SIZED PIECES, AND I JUST DON'T DO THAT.
`AND SO -- AND I COULD TELL FROM THE STATEMENTS, MR. SNYDER
`IS FAMILIAR WITH MY STANDING ORDERS AND HAS MADE SUGGESTIONS IN
`ACCORDANCE WITH THOSE STANDING ORDERS, SO THANK YOU FOR DOING
`THAT. THAT'S APPRECIATED.
`BUT THIS CASE WILL MOVE ALONG MUCH BETTER IF WE DO IT THAT
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`WAY.
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`SO WITH -- I MEAN, THERE ARE A COUPLE OF DIFFERENT TYPES
`OF MOTIONS. IT SEEMS TO ME THAT EVERYTHING OUGHT TO COME IN
`THE FORM OF A SUMMARY JUDGMENT MOTION, AND IF GOOGLE AND WAZE
`WOULD LIKE THAT EARLY, I'LL HAVE A SUGGESTED DATE FOR YOU. IF
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`UNITED STATES COURT REPORTERS
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`Case 2:22-cv-00263-JRG-RSP Document 135-2 Filed 09/29/23 Page 5 of 6 PageID #:
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`12805
`AND, OF COURSE, I'LL SEE YOU IN PERSON FOR THE TUTORIAL.
`JUST SO THAT YOU KNOW, I HAVE FOUND THAT ATTORNEY
`PRESENTATION IS USUALLY MORE EFFECTIVE BECAUSE ATTORNEYS TEND
`TO BE BETTER COMMUNICATORS THAN MOST EXPERTS.
`BUT I DON'T RECORD OR REPORT THE TUTORIAL. IT IS JUST FOR
`MY BENEFIT. I DO LOVE THE SLIDES THAT YOU HAVE. BUT
`THERE'S -- YOU WILL HAVE NO TRANSCRIPT OF THE PROCEEDING TO USE
`LATER. I JUST -- THAT'S SO THAT YOU KNOW.
`ALL RIGHT. IT'LL BE A PLEASURE TO WORK WITH YOU ON THIS
`CASE, AND I'M SORRY FOR THE DELAY, BUT THAT'S THE EFFECT OF THE
`TRANSFER, AND WE'LL JUST KEEP THINGS MOVING ALONG.
`THANK YOU ALL.
`MR. SNYDER: THANK YOU, YOUR HONOR.
`MS. CHAN: THANK YOU, YOUR HONOR.
`MR. RUBINO: THANK YOU, YOUR HONOR.
`(THE PROCEEDINGS WERE CONCLUDED AT 12:00 P.M.)
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`Case 2:22-cv-00263-JRG-RSP Document 135-2 Filed 09/29/23 Page 6 of 6 PageID #:
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`CERTIFICATE OF REPORTER
`
`I, THE UNDERSIGNED OFFICIAL COURT REPORTER OF THE UNITED
`STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA,
`280 SOUTH FIRST STREET, SAN JOSE, CALIFORNIA, DO HEREBY
`CERTIFY:
`THAT THE FOREGOING TRANSCRIPT, CERTIFICATE INCLUSIVE, IS
`A CORRECT TRANSCRIPT FROM THE RECORD OF ZOOM PROCEEDINGS IN THE
`ABOVE-ENTITLED MATTER.
`
`_______________________________
`LEE-ANNE SHORTRIDGE, CSR, CRR
`CERTIFICATE NUMBER 9595
`DATED: MARCH 15, 2023
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