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`Exhibit 35
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`Case 5:16-cv-00179-RWS Document 287-38 Filed 08/07/18 Page 2 of 3 PageID #: 16920
`Case 5:16-cv-00178-RWS Document 371-1 Filed 05/24/18 Page 1 of 2 PageID #: 25082
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
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`Maxell, Ltd.,
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`Plaintiff,
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`vs.
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`Civil Action No. 5:16-cv-00178-RWS
`(Lead Case)
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`DECLARATION BY STEVEN A. MOORE PH.D. IN SUPPORT OF ZTE’S NOTICE
`OF POSITION REGARDING TRIAL ORDER
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`Huawei Device USA Inc., et al,
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`Defendant.
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`I have personal knowledge of the following facts, and if called upon to testify, I could and
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`would competently do so:
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`1.
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`My name is Steven A. Moore, Ph.D., and I am outside counsel to Defendant ZTE
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`(USA) Inc. (“ZTE”).
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`2.
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`I read the “Joint Status Update on Maxell’s Emergency Motion for Continuance
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`and Motion for Entry of Amended Docket Control Order” at Docket 363 in Case No. 5:15-v-178-
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`RWS, filed this afternoon.
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`3.
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`I was surprised and alarmed by the following passage in the section of the document
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`entitled “Maxell’s Position”:
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`Alternatively, Maxell would request that the Court set the ZTE matter
`(Case No. 5:16-cv-00179-RW) for trial on June 18, with the instant
`Huawei case to take place as soon thereafter as possible. Although Maxell
`has reached out to ZTE’s counsel regarding this request, ZTE’s counsel
`has not responded.
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`1
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`4811-9263-2166.v1
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`
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`Case 5:16-cv-00179-RWS Document 287-38 Filed 08/07/18 Page 3 of 3 PageID #: 16921
`Case 5:16-cv-00178-RWS Document 371-1 Filed 05/24/18 Page 2 of 2 PageID #: 25083
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`4.
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`I was surprised by this passage because on multiple occasions I have expressed to
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`Jamie Beaber, outside counsel for Maxell, that ZTE is not interested in changing the order of trial
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`schedule.
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`5.
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`My most recent conversation on this topic with Mr. Beaber was on May 10, 2018,
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`in Texarkana. Our conversation was in person, and it took place during a morning break from the
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`hearing on dispositive motions in the above-captioned case. I repeated ZTE’s consistent position
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`during this conversation, and again informed him that ZTE is not interested in changing order of
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`trial schedule in this case.
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`6.
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`ZTE continues to object to any change in the order of trials. Maxell’s case against
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`Huawei is the lower-numbered case, and ZTE maintains that the trial against Huawei should go
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`before the trial against ZTE, as is currently scheduled.
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`I declare under penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct.
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`Executed on May 23, 2018
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`/s/ Steven A. Moore
`Steven A. Moore, Ph.D.
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`2
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`4811-9263-2166.v1
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