IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`
`§
`Case No. 2:22-cv-00263-JRG-RSP
`§
`
`JURY TRIAL DEMANDED
`§
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`v.
`
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS, AMERICA,
`INC.,
`
`
`Defendants.
`
`Case 2:22-cv-00263-JRG-RSP Document 67 Filed 06/16/23 Page 1 of 5 PageID #: 2331
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`JOINT P.R. 4-3 CLAIM CONSTRUCTION AND PREHEARING STATEMENT
`
`In accordance with Patent Rule 4-3 and the Court’s Docket Control Order of December
`
`12, 2022 (Dkt. No. 28), the parties to the above-captioned case provide the following Joint Claim
`
`Construction and Prehearing Statement regarding the asserted claims of U.S. Patent Nos.
`
`8,213,970, 9,467,838, 9,749,829, and 9,820,123. In accordance with Patent Rule 4-2(c), the parties
`
`met and conferred for the purposes of narrowing the issues and finalizing preparation of this Joint
`
`Claim Construction Chart.
`
`I.
`
`P.R. 4-3(a)(1) Agreed Constructions
`
`Parties Agreed-Upon Constructions are attached hereto as Exhibit A.
`
`II.
`
`P.R. 4-3(a)(2) Disputed Terms
`
`Plaintiff’s proposed constructions, and identification of intrinsic and extrinsic evidence is
`
`attached hereto as Exhibits B. Defendants’ proposed constructions, and identification of intrinsic
`
`and extrinsic evidence is attached hereto as Exhibit C. Each party also reserves the right to cite to
`
`intrinsic and/or extrinsic evidence cited by the other party.
`
`
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`
`§
`Case No. 2:22-cv-00263-JRG-RSP
`§
`
`JURY TRIAL DEMANDED
`§
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`v.
`
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS, AMERICA,
`INC.,
`
`
`Defendants.
`
`Case 2:22-cv-00263-JRG-RSP Document 67 Filed 06/16/23 Page 1 of 5 PageID #: 2331
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`JOINT P.R. 4-3 CLAIM CONSTRUCTION AND PREHEARING STATEMENT
`
`In accordance with Patent Rule 4-3 and the Court’s Docket Control Order of December
`
`12, 2022 (Dkt. No. 28), the parties to the above-captioned case provide the following Joint Claim
`
`Construction and Prehearing Statement regarding the asserted claims of U.S. Patent Nos.
`
`8,213,970, 9,467,838, 9,749,829, and 9,820,123. In accordance with Patent Rule 4-2(c), the parties
`
`met and conferred for the purposes of narrowing the issues and finalizing preparation of this Joint
`
`Claim Construction Chart.
`
`I.
`
`P.R. 4-3(a)(1) Agreed Constructions
`
`Parties Agreed-Upon Constructions are attached hereto as Exhibit A.
`
`II.
`
`P.R. 4-3(a)(2) Disputed Terms
`
`Plaintiff’s proposed constructions, and identification of intrinsic and extrinsic evidence is
`
`attached hereto as Exhibits B. Defendants’ proposed constructions, and identification of intrinsic
`
`and extrinsic evidence is attached hereto as Exhibit C. Each party also reserves the right to cite to
`
`intrinsic and/or extrinsic evidence cited by the other party.
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 67 Filed 06/16/23 Page 2 of 5 PageID #: 2332
`
`III.
`
`P.R. 4-3(a)(3) Anticipated Length of Time for the Claim Construction
`Hearing
`
`The parties expect that 2 hours will provide sufficient time to conduct the claim
`
`construction hearing.
`
`IV.
`
`P.R. 4-3(a)(4) Anticipated Witnesses at the Claim Construction Hearing
`
`At the present time, no party proposes to call witnesses for live testimony at the claim
`
`construction hearing.
`
`V.
`
`P.R. 4-3(a)(5) Other Issues to be Addressed at the Claim Construction
`Hearing
`
`The parties are not presently aware of any issues which might be taken up at a prehearing
`
`conference prior to the Claim Construction Hearing.
`
`VI.
`
`P.R. 4-3(b) Service of Expert Testimony
`
`In accordance with Patent Rule 4-3(b) the parties will each, simultaneous with this filing,
`
`serve a disclosure of expert testimony consistent with Fed. R. Civ. P. 26(a)(2)(B)(i)-(ii) or
`
`26(a)(2)(C) for any expert on which it intends to rely to support its proposed claim construction
`
`or indefiniteness position or to oppose any other party’s proposed claim construction or
`
`indefiniteness position.
`
`Dated: June 16, 2023
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
` /s/ Alfred R. Fabricant
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: ffabricant@fabricantllp.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@fabricantllp.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@fabricantllp.com
`Enrique W. Iturralde
`NY Bar No. 5526280
`Email: eiturralde@fabricantllp.com
`
`2
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 67 Filed 06/16/23 Page 3 of 5 PageID #: 2333
`
`FABRICANT LLP
`411 Theodore Fremd Avenue,
`Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`Samuel F. Baxter
`State Bar No. 01938000
`Email: sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`State Bar No. 24012906
`Email: jtruelove@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`ATTORNEYS FOR PLAINTIFF
`AGIS SOFTWARE DEVELOPMENT LLC
`
`
`
`
` /s/ Neil P. Sirota (with permission)
`Neil P. Sirota
`neil.sirota@bakerbotts.com
`Margaret M. Welsh
`margaret.welsh@bakerbotts.com
`BAKER BOTTS L.L.P.
`30 Rockefeller Plaza
`New York, NY 10112-4498
`Telephone: (212) 408-2500
`Facsimile: (212) 408-2501
`
`Tom Gorham
`State Bar No. 24012715
`tom@gillamsmithlaw.com
`Melissa R. Smith
`State Bar No. 24001351
`melissa@gillamsmithlaw.com
`GILLAM & SMITH LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`
`3
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 67 Filed 06/16/23 Page 4 of 5 PageID #: 2334
`Case 2:22-cv-00263-JRG-RSP Document 67 Filed 06/16/23 Page 4 of 5 PagelD #: 2334
`
`
`ATTORNEYS FOR DEFENDANTS
`ATTORNEYS FOR DEFENDANTS
`SAMSUNG ELECTRONICS CO., LTD. AND
`SAMSUNG ELECTRONICS CO., LTD. AND
`SAMSUNG ELECTRONICS AMERICA, INC.
`SAMSUNG ELECTRONICS AMERICA, INC.
`
`
`
`4
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 67 Filed 06/16/23 Page 5 of 5 PageID #: 2335
`
`
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that all counsel of record who are deemed to have
`
`consented to electronic service are being served with a copy of this document via the Court’s
`
`CM/ECF system per Local Rule CV-5(a)(3) on June 16, 2023.
`
`/s/ Alfred R. Fabricant
` Alfred R. Fabricant
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF CONFERENCE
`
`I hereby certify that Plaintiff’s counsel has met and conferred with counsel for Defendants,
`
`and all parties have agreed to submission of the P.R. 4-3 Claim Construction and Prehearing
`
`Statement submitted herewith.
`
`
`
`
`
`/s/ Alfred R. Fabricant
` Alfred R. Fabricant
`
`
`
`
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`
`
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