Case 2:22-cv-00263-JRG-RSP Document 68 Filed 06/16/23 Page 1 of 6 PageID #: 2346
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Case No. 2:22-cv-00263-JRG
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`Plaintiff,
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`JURY TRIAL DEMANDED
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`v.
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`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
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`Defendants.
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`PARTIES’ JOINT MOTION FOR ENTRY OF
`CLAIM CONSTRUCTION WITH REGARD TO CERTAIN SPECIFIED TERMS
`BASED ON ESTABLISHED PRIOR RECORD
`Plaintiff AGIS Software Development LLC (“AGIS” or “Plaintiff”) and Defendants
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`Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. (collectively, “Samsung”
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`or “Defendants”) (collectively, the “Parties”) have agreed that given the available record in
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`previous cases involving the patents-at-issue in this case, no additional claim construction briefing
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`or claim construction hearing addressing certain of the disputed terms would be helpful to the
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`Court or necessary. The Parties have agreed to rely upon applicable portions of the briefing,
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`evidence, and hearing transcripts (“Materials”) of the previous claim construction hearings
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`involving these patents for resolving their dispute concerning the certain terms.
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`The Parties thus request that applicable portions of the claim construction proceedings be
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`entered into the record of this case so that each Party may preserve its appellate rights with respect
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`to the disputed claim terms. The disputed terms and applicable proceeding for each are identified
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`in Appendix A.
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`

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`Case 2:22-cv-00263-JRG-RSP Document 68 Filed 06/16/23 Page 2 of 6 PageID #: 2347
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`The disputed claim terms and proposed constructions identified in Appendix A in the
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`above-captioned case were presented to the Court in AGIS Software Development LLC v. Huawei
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`Device USA Inc., et al., Case No. 2:17-cv-513-JRG-RSP (E.D. Tex.) (Lead Case) (the “Huawei
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`Case”); AGIS Software Development LLC v. Google LLC, Case No. 2:19-cv-361-JRG (E.D. Tex.)
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`(Lead Case) (the “Google Case”); and/or AGIS Software Development LLC v. T-Mobile USA, Inc.,
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`Case No. 2:21-cv-72-JRG-RSP (E.D. Tex. ) (Lead Case) (the “T-Mobile Case”). The Court
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`considered the parties’ briefing and oral argument in the Huawei Case, Google Case, and T-Mobile
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`Case and issued claim construction rulings in all three cases (Case No. 2:17-cv-513-JRG-RSP,
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`Dkt. No. 205, the “Huawei Claim Construction Order”; Case No. 2:19-cv-361-JRG, RSP, Dkt. No.
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`147, the “Google Claim Construction Order”; Case No. 2:21-cv-72-JRG-RSP, Dkt. No. 213, the
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`“T-Mobile Claim Construction Order”). For avoidance of any doubt, the Parties maintain their
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`disputes as to the terms and constructions listed in Appendix A, but rest upon the previous claim
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`construction record as to those terms, with Samsung presenting and relying on the earlier
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`defendants’ proposed constructions, briefing and oral argument, and AGIS relying on its positions,
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`briefing and oral argument in the applicable case for each term. The Parties each agree not to
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`contend that this joint motion and/or entry of relevant portions of the previous claim construction
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`record constitutes a waiver or forfeiture of any right to appeal, or of the relevant prior arguments
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`regarding, the claim construction order ultimately entered in this case.
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`The Parties thus request that the Court (1) incorporate into the record of this case the
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`portions of the claim construction record in the Huawei Case, Google Case, and the T-Mobile Case
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`(including briefing, related exhibits and attachments, and hearing transcripts) insofar as each
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`relates to the terms as identified in Appendix A and (2) issue its claim constructions for these
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`identified terms based thereon. Each Party retains the right to appeal any otherwise-appealable
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`

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`Case 2:22-cv-00263-JRG-RSP Document 68 Filed 06/16/23 Page 3 of 6 PageID #: 2348
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`construction entered by the Court in this action. Specifically, the Parties request that at least the
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`following documents on file with the Court, as identified by PACER Docket Report dated June 5,
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`2023 (attached as Exhibits A, B, and C), and their accompanying exhibits and attachments, be
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`incorporated into the record in the present case as to the terms identified in Appendix A:
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`•
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`AGIS Software Development LLC v. Huawei Device USA Inc., et al., Case No. 2:17-
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`cv-00513-JRG-RSP (Lead Case), Dkt Nos. 165, 175, 186, 205, Exhibits D-1 – D-
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`4;
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`•
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`AGIS Software Development LLC v. Huawei Device USA Inc., et al., Case No. 2:17-
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`cv-00513-JRG-RSP, Transcript of September 13, 2018 Claim Construction
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`•
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`•
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`•
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`•
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`Hearing, Exhibit D-5;
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`AGIS Software Development LLC v. Google LLC, Case No. 2:19-cv-00361- JRG-
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`RSP (Lead Case), Dkt Nos. 116, 120, 123, 147, Exhibits D-6 – D-9;
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`AGIS Software Development LLC v. Google LLC, Case No. 2:19-cv-00361- JRG-
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`RSP (Lead Case), Transcript of October 30, 2020 Claim Construction Hearing,
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`Exhibit D-10;
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`AGIS Software Development LLC v. T-Mobile USA, Inc., et al., Case No. 2:21-cv-
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`00072-JRG-RSP (Lead Case), Dkt. Nos. 145, 156, 166, 213 Exhibits D-11 – D-14;
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`AGIS Software Development LLC v. T-Mobile USA, Inc., et al., Case No. 2:21-cv-
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`00072-JRG-RSP (Lead Case), Transcript of October 21, 2021 Claim Construction
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`Hearing, Exhibit D-15.
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`The above documents are compiled in Exhibits D-1 through D-15.
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`The Parties request that the Court deem the above-listed documents and any accompanying
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`exhibits, attachments, and arguments to be part of the claim construction record of the present
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`

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`Case 2:22-cv-00263-JRG-RSP Document 68 Filed 06/16/23 Page 4 of 6 PageID #: 2349
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`action as to the terms and proposed constructions identified in Appendix A. The Parties hereby
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`respectfully request that the Court rule that the Parties can rely on the claim construction record in
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`Exhibit D for the terms and proposed constructions as identified in Appendix A and decide
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`constructions for these terms based on that record.
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`In the event of any appeal, the Parties stipulate to include relevant copies of the above-
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`listed documents and any accompanying exhibits, attachments, and arguments in the appellate
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`record as if litigated in the present case. The Parties have agreed to forego the September 1, 2023
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`Claim Construction Hearing as to the terms identified in Appendix A without waiving their
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`substantive positions or the right to appeal any otherwise-appealable construction entered by the
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`Court in this action.
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`Accordingly, the Parties believe that there is good cause for the Court to grant the Parties’
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`Joint Motion.
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`Dated: June 16, 2023
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`Respectfully submitted
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`
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`
`
` /s/ Vincent J. Rubino, III
`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
`FABRICANT LLP
`411 Theodore Fremd Avenue,
`Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
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`

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`Case 2:22-cv-00263-JRG-RSP Document 68 Filed 06/16/23 Page 5 of 6 PageID #: 2350
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`
`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
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`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
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`ATTORNEYS FOR DEFENDANTS
`SAMSUNG ELECTRONICS CO., LTD.
`AND SAMSUNG ELECTRONICS
`AMERICA, INC.
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`

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`Case 2:22-cv-00263-JRG-RSP Document 68 Filed 06/16/23 Page 6 of 6 PageID #: 2351
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that all counsel of record who are deemed to have
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`consented to electronic service are being served with a copy of this document via the Court’s
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`CM/ECF system per Local Rule CV-5(a)(3) on June 16, 2023.
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`/s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
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`CERTIFICATE OF CONFERENCE
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`I hereby certify that Plaintiff’s counsel has met and conferred with counsel for Defendants,
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`and all parties have agreed to submission of the Joint Motion submitted herewith.
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`/s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
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`