`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`Plaintiff,
`
`v.
`
`CIVIL ACTION NO. 2:22-cv-263-JRG
`(LEAD CASE)
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`JURY TRIAL DEMANDED
`
`Defendant.
`
`
`
`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 P.R. 4-3 DISCLOSURES
`
`
`
`
`
`
`1
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 90-1 Filed 07/25/23 Page 2 of 4 PageID #: 6372
`
`
`
`I, Mark Liang, declare and state as follows:
`
`1.
`
`I am a Partner at O’Melveny & Myers LLP, counsel for Defendants Samsung
`
`Electronics Co. Ltd. and Samsung Electronics America, Inc. (“Samsung Electronics”) in the
`
`above captioned matter.
`
`2.
`
`I submit this declaration 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 P.R. 4-3 Disclosures, filed concurrently herewith. I have personal
`
`knowledge of the statements set forth in this declaration and, if called as a witness, would testify
`
`competently.
`
`3.
`
`Attached hereto as Exhibit 1 is a true and correct copy of AGIS’s December 1,
`
`2023 Disclosure of Asserted Claims and Infringement Contentions in this case, AGIS Software
`
`Development LLC v. Samsung Electronics Co. Ltd. and Samsung Electronics America, Inc., No.
`
`2:22-CV-00263-JRG-RSP, with cited sections highlighted.
`
`4.
`
`Attached hereto as Exhibit 2 is a true and correct copy of the June 16, 2023
`
`Declaration of Michael C. Brogioli, Ph.D. Regarding Claim Construction for this case, AGIS
`
`Software Development LLC v. Samsung Electronics Co. Ltd. and Samsung Electronics America,
`
`Inc., No. 2:22-CV-00263-JRG-RSP.
`
`5.
`
`Attached hereto as Exhibit 3 is a true and correct copy of the June 16, 2023
`
`Declaration of Tim A. Williams, Ph.D. Regarding Claim Construction for this case, AGIS
`
`Software Development LLC v. Samsung Electronics Co. Ltd. and Samsung Electronics America,
`
`Inc., No. 2:22-CV-00263-JRG-RSP.
`
`6.
`
`Attached hereto as Exhibit 4 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
`
`AGIS’s motion to withdraw its November 2022 ITC complaint against Google, Samsung, TCL,
`
`Lenovo, Motorola, HMD, Sony, ASUS, BLU, and Panasonic, with cited sections highlighted.
`
`7.
`
`Attached hereto as Exhibit 5 is a true and correct copy of an email chain between
`
`Samsung’s counsel and AGIS’s counsel where AGIS notified Samsung of its intention to file a
`
`
`
`2
`
`
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`Case 2:22-cv-00263-JRG-RSP Document 90-1 Filed 07/25/23 Page 3 of 4 PageID #: 6373
`
`
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`motion for leave to amend its infringement contentions to add allegations relating to FMD.
`
`8.
`
`Attached hereto as Exhibit 6 is a true and correct copy of an email chain between
`
`Samsung’s counsel and AGIS’s counsel where AGIS notified Samsung of its issue with the
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`agreed-to construction of “group” and its intention to seek leave to construe the “participants”
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`term in that agreed to construction.
`
`9.
`
`Attached hereto as Exhibit 7 is a true and correct copy of excerpts from AGIS’s
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`Exhibit D1 to its June 23, 2023 Proposed Amended Disclosure of Asserted Claims and
`
`Infringement Contentions in this case, AGIS Software Development LLC v. Samsung Electronics
`
`Co. Ltd. and Samsung Electronics America, Inc., No. 2:22-CV-00263-JRG-RSP, with cited
`
`sections highlighted.
`
`10.
`
`Attached hereto as Exhibit 8 is a true and correct copy of excerpts from AGIS’s
`
`Exhibit A to its June 23, 2023 Proposed Amended Disclosure of Asserted Claims and
`
`Infringement Contentions in this case, AGIS Software Development LLC v. Samsung Electronics
`
`Co. Ltd. and Samsung Electronics America, Inc., No. 2:22-CV-00263-JRG-RSP, with cited
`
`sections highlighted.
`
`11.
`
`Attached hereto as Exhibit 9 is a true and correct copy of excerpts from AGIS’s
`
`Exhibit B to its June 23, 2023 Proposed Amended Disclosure of Asserted Claims and
`
`Infringement Contentions in this case, AGIS Software Development LLC v. Samsung Electronics
`
`Co. Ltd. and Samsung Electronics America, Inc., No. 2:22-CV-00263-JRG-RSP, with cited
`
`sections highlighted.
`
`12.
`
`Attached hereto as Exhibit 10 is a true and correct copy of excerpts from AGIS’s
`
`Opening Claim Construction Brief in AGIS Software Development LLC v. Huawei Device USA
`
`Inc., No. 2:17-CV-00513-JRG-RSP, Dkt. 165, with cited sections highlighted.
`
` I
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` declare under penalty of perjury that the foregoing is true and correct. Executed in San
`
`Francisco, California on July 25, 2023.
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`3
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`
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`Case 2:22-cv-00263-JRG-RSP Document 90-1 Filed 07/25/23 Page 4 of 4 PageID #: 6374
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`
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`
`
`Dated: July 25, 2023
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`
`
`
`
`
`
`
`
`
`/s/ Mark Liang
`
`Mark Liang
`
`
`
`
`
`
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`4
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`
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