`14390
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`Plaintiff,
`
`v.
`
`CIVIL ACTION NO. 2:22-cv-263-JRG
`
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`JURY TRIAL DEMANDED
`
`Defendants.
`
`
`
`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 ISSUE PRECLUSION AFFIRMATIVE DEFENSE
`
`
`
`
`
`1
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 155-1 Filed 11/17/23 Page 2 of 3 PageID #:
`14391
`
`
`
`I, Mark Liang, declare and state as follows:
`
`1.
`
`I am a Partner at O’Melveny & Myers LLP, counsel for Defendants Samsung
`
`Electronics Co. Ltd. and Samsung Electronics America, Inc. (“Samsung”) in the above captioned
`
`matter.
`
`2.
`
`I submit this declaration in support of Samsung’s Motion for Leave to Amend
`
`Answer to Add Issue Preclusion Affirmative Defense, filed concurrently herewith. I have
`
`personal knowledge of the statements set forth in this declaration and, if called as a witness,
`
`would testify competently.
`
`3.
`
`Attached hereto as Exhibit A is a true and correct copy of Samsung’s Proposed
`
`Amended Answer that it seeks leave to file in this case, AGIS Software Development LLC v.
`
`Samsung Electronics Co. Ltd. and Samsung Electronics America, Inc., No. 2:22-CV-00263-JRG-
`
`RSP.
`
`4.
`
`Attached hereto as Exhibit B is a true and correct copy of a redline comparison of
`
`Samsung’s Proposed Amended Answer that it seeks leave to file in this case, AGIS Software
`
`Development LLC v. Samsung Electronics Co. Ltd. and Samsung Electronics America, Inc., No.
`
`2:22-CV-00263-JRG-RSP, compared to the Proposed Amended Answer that Samsung filed on
`
`August 11, 2023 (as Dkt. 101-2), in this case, showing changes made.
`
`5.
`
`Attached hereto as Exhibit C is a true and correct copy of a redline comparison of
`
`Samsung’s Proposed Amended Answer that it seeks leave to file in this case, AGIS Software
`
`Development LLC v. Samsung Electronics Co. Ltd. and Samsung Electronics America, Inc., No.
`
`2:22-CV-00263-JRG-RSP, compared to the Answer that Samsung filed on June 30, 2023 (as
`
`Dkt. 80), in this case, showing changes made.
`
`6.
`
`Attached hereto as Exhibit D is a true and correct copy of the Honorable Judge
`
`Beth Labson Freeman’s October 10, 2023 Summary Judgment Order in AGIS Software
`
`Development LLC v. Google LLC, No. 22-cv-04826-BLF (N.D. Cal.).
`
`7.
`
`Attached hereto as Exhibit E is a true and correct copy of excerpts of AGIS
`
`Software Development LLC’s (“AGIS”) Infringement Contentions for U.S. Patent No. 9,467,838
`
`
`
`2
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 155-1 Filed 11/17/23 Page 3 of 3 PageID #:
`14392
`
`
`
`(the “’838 Patent”), served on March 23, 2020 in AGIS Software Development LLC v. Google
`
`LLC, No. 2:19-cv-00361 (E.D. Tex.).
`
`8.
`
`Attached hereto as Exhibit F is a true and correct copy of excerpts of AGIS’s
`
`Infringement Contentions for the ’838 Patent, served on June 23, 2023 in this case, AGIS
`
`Software Development LLC v. Samsung Electronics Co. Ltd. and Samsung Electronics America,
`
`Inc., No. 2:22-CV-00263-JRG-RSP.
`
` I
`
` declare under penalty of perjury that the foregoing is true and correct. Executed in San
`
`Francisco, California on November 17, 2023.
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Mark Liang
`
`Mark Liang
`
`
`
`
`
`
`
`3
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`
`
`
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