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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Case No. 2:22-cv-00263-JRG-RSP
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`JURY TRIAL DEMANDED
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`DECLARATION OF ALFRED R. FABRICANT IN SUPPORT OF
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S MOTION TO DISMISS
`DEFENDANTS SAMSUNG ELECTRONICS CO., LTD. AND SAMSUNG
`ELECTRONICS AMERICA, INC.’S NINTH COUNTERCLAIM AND TO STRIKE
`DEFENDANTS’ SIXTH AND SIXTEENTH AFFIRMATIVE DEFENSES
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`v.
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`SAMSUNG ELECTRONICS CO., LTD.,
`ET AL.,
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`Defendants.
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`I, Alfred R. Fabricant, hereby declare as follows:
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`1.
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`I have personal knowledge of the facts set forth in this declaration. I am competent
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`to testify as to all matters stated, and I am not under any legal disability that would in any way
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`preclude me from testifying.
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`2.
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`I am a Partner at the law firm of Fabricant LLP and counsel of record for Plaintiff
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`AGIS Software Development LLC, in this matter.
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`3.
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`The exhibits attached to this declaration may contain annotations and/or excerpts
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`of the originals.
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`4.
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`Attached hereto as Exhibit 1 is a true and correct copy of excerpts from the
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`Amendment and Reply Under 37 C.F.R. 1.111 to a Non-Final Office Action, dated June 3, 2021,
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`Regarding Re-exam of U.S. Patent No. 8,213,970.
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`Case 2:22-cv-00263-JRG-RSP Document 89-1 Filed 07/21/23 Page 2 of 2 PageID #: 6327
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed on July 21, 2023 in Dallas, Texas.
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`/s/ Alfred R. Fabricant
` Alfred R. Fabricant
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