Case 2:22-cv-00263-JRG-RSP Document 92 Filed 07/27/23 Page 1 of 5 PageID #: 6497
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`v.
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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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`MOTION FOR ISSUANCE OF LETTER OF REQUEST
`FOR INTERNATIONAL JUDICIAL ASSISTANCE—LETTER ROGATORY
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`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
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`Defendants.
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`Case 2:22-cv-00263-JRG-RSP Document 92 Filed 07/27/23 Page 2 of 5 PageID #: 6498
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`Plaintiff AGIS Software Development LLC (“AGIS”) hereby requests that this Court,
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`pursuant to Rules 38(b), 30(b)(6) and 45 of the Federal Rules of Civil Procedure and 28 U.S.C.
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`§ 1781, issue a Letter of Request/Letter Rogatory for International Judicial Assistance to the
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`National Court Administration requesting that Samsung SDS Co., Ltd. produce documents and
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`things for inspection and copying described herein. The proposed Letter of Request/Letter
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`Rogatory is attached hereto as Ex. 1.
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`On May 12, 2023, Defendants Samsung Electronics Co., Ltd. and Samsung Electronics
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`America, Inc. (collectively, “Samsung”) objected to the production of source code for the Samsung
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`Knox Manage application on the basis that it did not have possession, custody, and control over
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`the source code and related technical documentation. Samsung represents that the source code and
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`related technical documentation for Samsung Knox Manage application is in the possession,
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`custody, and control of Samsung SDS Co., Ltd. (“Samsung SDS”). Samsung represents that there
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`is no agreement that provides Samsung the right to receive Samsung SDS’s source code for Knox
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`Manage. Samsung SDS is based in Korea.
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`The United States and Korea are both parties to the Hague Convention on Taking Evidence
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`Abroad in Civil or Commercial Matters (the “Hague Convention”).1 The Hague Convention
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`provides three different means for taking evidence in contracting states: (1) using a local judicial
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`authority by means of letters rogatory (also known as letters of request); (2) depositions before a
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`diplomatic or consular officer; and (3) depositions before a person commissioned by a court. (See
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`Ex. 3, Hague Convention on Taking Evidence Abroad in Civil or Commercial Matters, Arts. 1 and
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`15-17). In Korea, oral depositions or depositions on written questions may be taken by U.S.
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`consular officers or by private attorneys at the U.S. Embassy or at another location such as a hotel
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`1 The United States ratified the Hague Convention on August 8, 1972, and Korea ratified the Hague Convention on
`July 16, 1976. (See Ex. 2).
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`Case 2:22-cv-00263-JRG-RSP Document 92 Filed 07/27/23 Page 3 of 5 PageID #: 6499
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`or office, either on notice or pursuant to a commission. (See Ex. 4). Although the Hague
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`Convention offers a Model Letter of Request, there is no particular form that must be followed,
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`except that the commission must refer to the Hague Convention with precise information on:
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`The name of the court;
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`The name of the judge or issuing authority;
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`The names of the parties to the case and their representatives;
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`The names, addresses, and telephone number of all witnesses to be summoned;
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`The questions to be put to the witnesses, or a statement of the subject matter on
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`which they are to be examined;
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`The names of any of the parties, or their representatives, who plan to attend the
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`deposition;
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`Whether the parties to the case have consented to the deposition and, if not, the
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`reasons for any objection (See Ex. 5).
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`The proposed Letter of Request/Letter Rogatory attached hereto as Ex. 1 includes the
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`foregoing requisite information. Accordingly, AGIS respectfully requests that the Court approve
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`and sign the proposed Letter of Request. AGIS further respectfully requests that, after this Court
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`signs the Letter of Request, the Clerk of this Court authenticate the Court’s signature on the Letter
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`under the seal of this Court, and thereafter directly transmit the Letter of Request to the National
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`Court Administration for execution in conformity with Article 2 of the Hague Convention.
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`Dated: July 27, 2023
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`Respectfully submitted,
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`/s/ Alfred R. Fabricant
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: ffabricant@fabricantllp.com
`Peter Lambrianakos
`NY Bar No. 2894392
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`Case 2:22-cv-00263-JRG-RSP Document 92 Filed 07/27/23 Page 4 of 5 PageID #: 6500
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`Email: plambrianakos@fabricantllp.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@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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`Samuel F. Baxter
`Texas State Bar No. 01938000
`sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`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
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`Case 2:22-cv-00263-JRG-RSP Document 92 Filed 07/27/23 Page 5 of 5 PageID #: 6501
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that all counsel of record who have consented to electronic
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`service are being served with a copy of this document via the Court’s CM/ECF system per Local
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`Rule CV-5(a)(3) on this 27th day of July, 2023.
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`/s/ Alfred R. Fabricant
` Alfred R. Fabricant
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