`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`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.
`
`DECLARATION OF VINCENT J. RUBINO, III IN SUPPORT
`OF PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S
`OPENING CLAIM CONSTRUCTION BRIEF
`
`I, Vincent J. Rubino, III, 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 A is a true and correct copy of U.S. Patent No.
`
`8,213,970, issued by the USPTO on July 3, 2012 to Malcolm K. Beyer.
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 87-1 Filed 07/21/23 Page 2 of 3 PageID #: 5907
`
`5.
`
`Attached hereto as Exhibit B is a true and correct copy of U.S. Patent No.
`
`9,467,838, issued by the USPTO on October 11, 2016 to Malcolm K. Beyer, Jr. and Christopher
`
`R. Rice.
`
`6.
`
`Attached hereto as Exhibit C is a true and correct copy of U.S. Patent No.
`
`9,749,829, issued by the USPTO on August 29, 2017 to Malcolm K. Beyer, Jr. and Christopher R.
`
`Rice.
`
`7.
`
`Attached hereto as Exhibit D is a true and correct copy of U.S. Patent No.
`
`9,820,123, issued by the USPTO on November 14, 2017 to Malcolm K. Beyer, Jr. and Christopher
`
`R. Rice.
`
`8.
`
`Attached hereto as Exhibit E is a true and correct copy of the Declaration of Michael
`
`C. Brogioli, Ph.D. Regarding Claim Construction in AGIS Software Development, LLC v. Samsung
`
`Electronics Co., Ltd. and Samsung Electronics America, Inc., Case No. 2:22-cv-00263-JRG-RSP,
`
`dated June 16, 2023.
`
`9.
`
`Attached hereto as Exhibit F is a true and correct copy of the Claim Construction
`
`Memorandum Order issued in AGIS Software Development, LLC v. Huawei Device USA Inc.,
`
`et al., Case No. 2:17-cv-00513-JRG (E.D Tex. Oct. 10, 2018), Dkt. 205.
`
`10.
`
`Attached hereto as Exhibit G is a true and correct copy of the Claim Construction
`
`Memorandum Order issued in AGIS Software Development, LLC v. Google LLC, et al., Case No.
`
`2:19-cv-00361-JRG (Lead Case) (E.D. Tex. Dec. 8, 2020), Dkt. 147.
`
`11.
`
`Attached hereto as Exhibit H is a true and correct copy of the Claim Construction
`
`Memorandum Order issued in AGIS Software Development, LLC v. T-Mobile USA, Inc., et al.,
`
`Case No. 2:21-cv-00072-JRG (Lead Case) (E.D. Tex. Nov. 10, 2021), Dkt. 213.
`
`
`
`
`
`2
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 87-1 Filed 07/21/23 Page 3 of 3 PageID #: 5908
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed on July 21, 2023 in Livingston, New Jersey.
`
`
` /s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
`
`
`
`3
`
`
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