Case 2:22-cv-00263-JRG-RSP Document 173-1 Filed 01/09/24 Page 1 of 3 PageID #:
`17731
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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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`Case No. 2:22-cv-00263-JRG-RSP
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`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
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`JURY TRIAL DEMANDED
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`Defendant.
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`DECLARATION OF MARK LIANG IN SUPPORT OF SAMSUNG’S OPPOSITION TO
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S OPPOSED
`MOTION FOR LEAVE TO REQUEST SUPPLEMENTAL CLAIM CONSTRUCTION
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`Case 2:22-cv-00263-JRG-RSP Document 173-1 Filed 01/09/24 Page 2 of 3 PageID #:
`17732
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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. (collectively, “Samsung”) in the
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`above captioned matter.
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`2.
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`I submit this declaration in support of Samsung’s Opposition to Plaintiff AGIS
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`Software Development LLC’s Opposed Motion for Leave to Request Supplemental Claim
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`Construction, filed concurrently herewith. I have personal knowledge of the statements set forth
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`in this declaration and, if called as a witness, would testify competently.
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`3.
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`Attached hereto as Exhibit 1 is a true and correct copy of Google LLC and Waze
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`Mobile Ltd.’s Notice of Motion and Motion for Summary Judgment, filed as Dkt. 434 in AGIS
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`Software Dev. LLC v. Google LLC (“AGIS v. Google”), No. 5:22-cv-04826-BLF (N.D. Cal.),
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`with cited sections highlighted.
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`4.
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`Attached hereto as Exhibit 2 is a true and correct copy of the Order Granting In
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`Part and Denying In Part Defendants’ Motion for Summary Judgment, filed as Dkt. 470 in AGIS
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`v. Google, with cited section highlighted.
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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
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`November 6, 2023 Case Management Conference in AGIS v. Google, with cited sections
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`highlighted.
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`6.
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`Attached here to as Exhibit 4 is a true and correct copy of a November 7, 2023
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`email from Mark Liang (counsel for Google) to Enrique Iturralde (counsel for AGIS) in AGIS v.
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`Google where Google proposed a supplemental claim construction schedule that set a deadline of
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`January 30, 2024 as the deadline to complete to briefing.
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`7.
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`Attached here to as Exhibit 5 is a true and correct copy of an email exchange with
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`a November 17, 2023 email from Enrique Iturralde (counsel for AGIS) to Mark Liang (counsel
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`for Google) in AGIS v. Google, with an attachment where AGIS proposed a supplemental claim
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`construction schedule that set a deadline of April 4, 2024 as the deadline to complete briefing.
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`8.
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`Attached hereto as Exhibit 6 is a true and correct copy of AGIS’s December 1,
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`2
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`Case 2:22-cv-00263-JRG-RSP Document 173-1 Filed 01/09/24 Page 3 of 3 PageID #:
`17733
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`2023 Disclosure of Asserted Claims and Infringement Contentions in this case, with cited
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`sections highlighted.
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`9.
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`Attached hereto as Exhibit 7 is a true and correct copy of AGIS’s June 23, 2023
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`Amended Disclosure of Asserted Claims and Infringement Contentions in this case, with cited
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`sections highlighted.
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`10.
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`Attached hereto as Exhibit 8 is a true and correct copy of AGIS’s July 21, 2023
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`Second Amended Disclosure of Asserted Claims and Infringement Contentions in this case, with
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`cited sections highlighted.
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`11.
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`Attached hereto as Exhibit 9 is a true and correct copy of AGIS’s December 2,
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`2023 Third Amended Disclosure of Asserted Claims and Infringement Contentions in this case,
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`with cited sections highlighted.
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`12.
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`Attached hereto as Exhibit 10 is a true and correct copy of excerpts from Exhibit
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`B (for U.S. Patent No. 9,749,829) to AGIS’s December 2, 2023 Third Amended Disclosure of
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`Asserted Claims and Infringement Contentions in this case.
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`13.
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`Attached here to as Exhibit 11 is a true and correct copy of a December 2, 2023
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`email from Enrique Iturralde (counsel for AGIS) to Mark Liang (counsel for Samsung) in this
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`case, where AGIS notified Samsung for the first time of AGIS’s position that the term “remote
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`control” requires construction in this case and proposing a supplemental claim construction
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`schedule that set a deadline of January 12, 2024 as the deadline to complete briefing.
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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 January 9, 2024.
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`Dated: January 9, 2024
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`/s/ Mark Liang
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`Mark Liang
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`3
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