Case 4:23-cv-01147-ALM Document 98-1 Filed 02/27/25 Page 1 of 4 PageID #:
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
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`R2 SOLUTIONS LLC,
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`Plaintiff,
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`v.
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`DATABRICKS, INC.,
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`Civil Action No. 4:23-cv-01147-ALM
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`JURY TRIAL DEMANDED
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`Defendant.
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`DECLARATION OF JESSICA M. KAMEPF IN SUPPORT OF DEFENDANT
`DATABRICKS, INC.’S SUR-REPLY TO PLAINTIFF R2 SOLUTIONS LLC’S MOTION
`TO COMPEL DISCOVERY AND AMEND THE SCHEDULING ORDER
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`Case 4:23-cv-01147-ALM Document 98-1 Filed 02/27/25 Page 2 of 4 PageID #:
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`I, Jessica M. Kaempf, declare as follows:
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`1.
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`I am an attorney admitted to this Court, and I am a partner of the law firm of
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`Fenwick and West LLP, counsel of record for Defendant Databricks, Inc. (“Databricks”) in this
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`action. I make this declaration in support of Defendant Databricks, Inc.’s Sur-Reply to Plaintiff
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`R2 Solutions LLC’s Motion to Compel Discovery and Amend the Scheduling Order.
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`2.
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`During fact discovery and pursuant to the Protective Order entered on November
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`12, 2024, Databricks made available for inspection the source code
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` identified and accused in
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`R2’s infringement contentions. On November 25, 2024 and November 26, 2024, R2’s technical
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`expert inspected the produced source code and identified certain code files that are called and
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`referenced in the produced source code but were not produced. R2 thereafter requested the
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`additional production of such code files, including
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` in a November 27, 2024
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`letter (attached as Exhibit 9 to R2’s motion). R2 followed up
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` in an
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`email (attached as Exhibit K to Databricks’ opposition).
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`3.
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`Mr. Brooks represented in his declaration on February 5, 2024 that Databricks
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`represented that
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`R2 counsel, I represented that
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`. This is incorrect. During a conference with
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`4.
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`At no point during that call or during this case did I represent that
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`.
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`Case 4:23-cv-01147-ALM Document 98-1 Filed 02/27/25 Page 3 of 4 PageID #:
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`I declare under penalty of perjury under the laws of the United States of America that, to
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`the best of my belief, the foregoing is true and correct, and that this Declaration was executed on
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`February 20, 2025.
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`/s/ Jessica M. Kaempf
`Jessica M. Kaempf
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`Case 4:23-cv-01147-ALM Document 98-1 Filed 02/27/25 Page 4 of 4 PageID #:
`6546
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`CERTIFICATE OF AUTHORIZATION TO SEAL
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`Pursuant to Local Rule CV-5(a)(7)(B), I am authorized to file the foregoing document
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`under seal pursuant to the Protective Order (Dkt. 61) because this document references Designated
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`Material.
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`Dated: February 20, 2025
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`/s/ Jessica M. Kaempf
`Jessica M. Kaempf
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the above and foregoing
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`document has been served on all counsel of record who are deemed to have consented to electronic
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`service via the Court’s CM/ECF system. Additionally, I hereby certify that all counsel of record
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`who have consented to electronic service are being served with a copy of these documents via
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`electronic mail per Local Rule CV-5.
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`Dated: February 20, 2025
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`/s/ Jessica M. Kaempf
`Jessica M. Kaempf
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