`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`
`§
`Case No. 2:22-cv-00263-JRG
`§
`
`JURY TRIAL DEMANDED
`§
`§
`
`§
`
`§
`§
`§
`§
`§
`§
`§
`
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`
`Defendants.
`
`
`
`DECLARATION OF ALFRED R. FABRICANT IN SUPPORT OF
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S RESPONSE
`IN OPPOSITION TO DEFENDANTS SAMSUNG ELECTRONICS CO., LTD. AND
`SAMSUNG ELECTRONICS AMERICA, INC.’S PARTIAL MOTION TO DISMISS
`PLAINTIFF’S FIRST AMENDED COMPLAINT UNDER RULE 12(b)(6) (DKT. 39)
`
`I, Alfred R. Fabricant, hereby declare as follows:
`
`1.
`
`I have personal knowledge of the facts set forth in this declaration. I am competent
`
`to testify as to all matters stated, and I am not under any legal disability that would in any way
`
`preclude me from testifying.
`
`2.
`
`I am a Partner at the law firm of Fabricant LLP and counsel of record for Plaintiff
`
`AGIS Software Development LLC., in this matter.
`
`3.
`
`The exhibits attached to this declaration may contain annotations and/or excerpts
`
`of the originals.
`
`4.
`
`Attached hereto as Exhibit 1 is a true and correct copy of Google LLC, Samsung
`
`Electronics Co., Ltd., Samsung Electronics America, Inc., and Waze Mobile Limited Petition for
`
`a Writ of Mandamus, Dkt. No. 2-1, dated February 22, 2022 in In re Google LLC, et al., Case No.
`
`22-126.
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 42-1 Filed 01/10/23 Page 2 of 3 PageID #: 1392
`
`5.
`
`Attached hereto as Exhibit 2 is a true and correct copy of Google LLC, Samsung
`
`Electronics Co., Ltd., Samsung Electronics America, Inc., and Waze Mobile Limited Petition for
`
`a Writ of Mandamus, Dkt. No. 2-1, dated April 1, 2022 in In re Google LLC, et al., Case No. 22-
`
`140.
`
`6.
`
`Attached hereto as Exhibit 3 is a true and correct copy of an Order, Dkt. No. 7,
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`dated May 23, 2022 in In re Waze Mobile Limited, Case No. 22-140.
`
`7.
`
`Attached hereto as Exhibit 4 is a true and correct copy of a screenshot of TAK Our
`
`Process, taken from https://tak.gov/pages/our-process on January 10, 2023.
`
`8.
`
`Attached hereto as Exhibit 5 is a true and correct copy of an article from Insights
`
`by Dale Stockton entitled “Bernalillo County uses ATAK to improve search and rescue,”
`
`published November 10, 2020 taken from https://insights.samsung.com/2020/11/10/bernalillo-
`
`county-uses-atak-to-improve-search-and-rescue/ on January 10, 2023.
`
`9.
`
`Attached hereto as Exhibit 6 is a true and correct copy of an article from Insights
`
`by Taylor Mallory Holland entitled “ATAK enhances collaboration and awareness for public
`
`safety,” published September 1, 2021 taken from https://insights.samsung.com/2021/09/01/atak-
`
`enhances-collaboration-and-awareness-for-public-safety-2/ on January 10, 2023.
`
`10.
`
`Attached hereto as Exhibit 7 is a true and correct copy of an article from Insights
`
`by Taylor Mallory Holland entitled “Corona Fire Department Improves Situational Awareness
`
`with
`
`ATAK,”
`
`published
`
`December
`
`2,
`
`2019
`
`taken
`
`from
`
`https://insights.samsung.com/2019/12/02/corona-fire-department-improves-situational-
`
`awareness-with-atak/ on January 10, 2023.
`
`11.
`
`Attached hereto as Exhibit 8 is a true and correct copy of a screenshot from
`
`Samsung Military Smartphone: Galaxy S20 Tactical Edition | Samsung Business | US, taken from
`
`2
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 42-1 Filed 01/10/23 Page 3 of 3 PageID #: 1393
`
`https://www.samsung.com/us/business/solutions/industries/government/tactical-
`
`edition/#SOFTWARE_EXTENSTION on January 4, 2023.
`
`12.
`
`Attached hereto as Exhibit 9 is a true and correct copy of a screenshot entitled
`
`“Engaged PAR Technology works from development to delivery to give you mission success”
`
`News & Events (/news-events#navy award).
`
`13.
`
`Attached hereto as Exhibit 10 is a true and correct copy of screenshot from What
`
`we do | Viasat, taken from https://www.viasat.com/about/what-we-do/, on January 4, 2023.
`
`14.
`
`Attached hereto as Exhibit 11 is a true and correct copy of a screenshot from About
`
`iGov, taken from https://www.igov.com/about-igov.html#message, on January 4, 2023.
`
`15.
`
`Attached hereto as Exhibit 12 is a true and correct copy of a screenshot from
`
`Samsung Mission-Ready mobility. Proven by Operators., Galax S20 Tactical Edition.
`
`16.
`
`Attached hereto as Exhibit 13 is a true and correct copy of Plaintiff’s First Set of
`
`Interrogatories to Defendants Samsung Electronics Co., Ltd. and Samsung Electronics America,
`
`Inc. (Nos. 1-14), dated December 22, 2022.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed on January 10, 2023 in Rye, New York.
`
`/s/ Alfred R. Fabricant
` Alfred R. Fabricant
`
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`3
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