Case 2:22-cv-00263-JRG-RSP Document 85-1 Filed 07/13/23 Page 1 of 4 PageID #: 5266
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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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`CIVIL ACTION NO. 2:22-cv-263-JRG
`(LEAD CASE)
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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
`ELECTRONICS CO. LTD. AND SAMSUNG ELECTRONICS AMERICA,
`INC.’S RESPONSE TO PLAINTIFF AGIS SOFTWARE DEVELOPMENT
`LLC’S OPPOSED MOTION FOR LEAVE TO AMEND ITS DISCLOSURE OF
`ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
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`1
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`Case 2:22-cv-00263-JRG-RSP Document 85-1 Filed 07/13/23 Page 2 of 4 PageID #: 5267
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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. (“Samsung Electronics”) 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 Electronics Co. Ltd. and Samsung
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`Electronics America, Inc.’s Response to Plaintiff AGIS Software Development LLC’s Opposed
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`Motion for Leave to Amend Its Disclosure of Asserted Claims and Infringement Contentions,
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`filed concurrently herewith. I have personal knowledge of the statements set forth in this
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`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 a List of AGIS District
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`Court and ITC Cases Downloaded from Docket Navigator on July 3, 2023.
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`4.
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`Attached hereto as Exhibit 2 is a true and correct copy of excerpts from AGIS’s
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`2017 complaint against ZTE filed in the Eastern District of Texas (Case No. 2:17-CV-00517-
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`JRG), with cited sections highlighted.
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`5.
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`Attached hereto as Exhibit 3 is a true and correct copy of excerpts from AGIS’s
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`2017 complaint against Apple filed in the Eastern District of Texas (Case No. 2:17-CV-00516-
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`JRG), with cited sections highlighted.
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`6.
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`Attached hereto as Exhibit 4 is a true and correct copy of excerpts from AGIS’s
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`2017 complaint against LG filed in the Eastern District of Texas (Case No. 2:17-CV-00515-
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`JRG), with cited sections highlighted.
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`7.
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`Attached hereto as Exhibit 5 is a true and correct copy of excerpts from AGIS’s
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`2017 complaint against HTC filed in the Eastern District of Texas (Case No. 2:17-CV-00514-
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`JRG), with cited sections highlighted.
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`8.
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`Attached hereto as Exhibit 6 is a true and correct copy of excerpts from AGIS’s
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`2017 complaint against Huawei filed in the Eastern District of Texas (Case No. 2:17-CV-00514-
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`JRG), with cited sections highlighted.
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`9.
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`Attached hereto as Exhibit 7 is a true and correct copy of excerpts from AGIS’s
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`2
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`Case 2:22-cv-00263-JRG-RSP Document 85-1 Filed 07/13/23 Page 3 of 4 PageID #: 5268
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`2019 complaint against Google filed in the Eastern District of Texas (Case No. 2:19-CV-00361-
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`JRG), with cited sections highlighted.
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`10.
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`Attached hereto as Exhibit 8 is a true and correct copy of excerpts from AGIS’s
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`2019 complaint against Samsung filed in the Eastern District of Texas (Case No. 2:19-CV-
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`00362-JRG), with cited sections highlighted.
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`11.
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`Attached hereto as Exhibit 9 is a true and correct copy of excerpts from AGIS’s
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`2019 complaint against Waze filed in the Eastern District of Texas (Case No. 2:19-CV-00359-
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`JRG), 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 AGIS’s
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`November 2022 ITC complaint against Google, Samsung, OnePlus, TCL, Lenovo, Motorola,
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`HMD, Sony, ASUS, Caterpillar, BLU, Panasonic, Kyocera, and Xiaomi (Inv. No. 337-TA-
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`1347), with cited sections highlighted.
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`13.
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`Attached hereto as Exhibit 11 is a true and correct copy of Order No. 26 in ITC
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`Inv. No. 337-TA-1347, issued on June 20, 2023, providing an initial determination granting
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`AGIS’s motion to withdraw its November 2022 ITC complaint against Google, Samsung, TCL,
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`Lenovo, Motorola, HMD, Sony, ASUS, BLU, and Panasonic, with cited sections highlighted.
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`14.
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`Attached hereto as Exhibit 12 is a true and correct copy of excerpts from AGIS’s
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`2023 complaint against Google filed in the Western District of Texas (Case No. 6:23-CV-00160-
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`DC-DTG), with cited sections highlighted.
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`15.
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`Attached hereto as Exhibit 13 is a true and correct copy of Google’s unopposed
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`motion to stay AGIS’s Western District of Texas action against Google (Case No. 6:23-CV-
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`00160-DC-DTG), with cited sections highlighted.
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`16.
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`Attached hereto as Exhibit 14 is a true and correct copy of an email chain
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`between Samsung’s counsel and AGIS’s counsel where AGIS notified Samsung of its intention
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`to file a motion for leave to amend its infringement contentions to add allegations relating to
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`FMD, with cited sections highlighted.
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`17.
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`Attached hereto as Exhibit 15 is a true and correct copy of an email chain
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`3
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`Case 2:22-cv-00263-JRG-RSP Document 85-1 Filed 07/13/23 Page 4 of 4 PageID #: 5269
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`between Samsung’s counsel and AGIS’s counsel where AGIS notified Samsung of its issue with
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`the agreed-to construction of “group” and its intention to seek leave to construe the
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`“participants” term in that agreed to construction, with cited sections highlighted.
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`18.
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`Attached hereto as Exhibit 16 is a true and correct copy of AGIS’s supplemental
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`claim construction briefing regarding the term “group” of U.S. Patent No. 9,467,838 filed in ITC
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`Inv. No. 337-TA-1347, with cited sections highlighted.
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`19.
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`Attached hereto as Exhibit 17 is a true and correct copy of AGIS’s March 23,
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`2020 infringement contention claim chart for U.S. Patent No. 8,213,970 in Eastern District of
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`Texas case number 2:19-CV-00361-JRG.
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`20.
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`Attached hereto as Exhibit 18 is a true and correct copy of AGIS’s March 23,
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`2020 infringement contention claim chart for U.S. Patent No. 9,467,838 in Eastern District of
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`Texas Case Number 2:19-CV-00361-JRG.
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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 July 13, 2023.
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`Dated: July 13, 2023
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`/s/ Mark Liang
`Mark Liang
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`4
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