`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`
`ANCORA TECHNOLOGIES, INC.,
`
`
`Plaintiff,
`
`v.
`
`
`LG ELECTRONICS, INC. and LG
`ELECTRONICS U.S.A., INC.,
`
`
`Defendants.
`
`
`
`CIVIL ACTION NO. 1:20-CV-00034-ADA
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`ANCORA TECHNOLOGIES, INC.,
`
`
`Plaintiff,
`
`v.
`
`
`SAMSUNG ELECTRONICS CO., LTD.,
`and SAMSUNG ELECTRONICS
`AMERICA, INC.,
`
`
`Defendants.
`
`
`
`CIVIL ACTION NO. 1:20-CV-00034-ADA
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`DECLARATION OF THOMAS E. GARTEN IN SUPPORT OF DEFENDANTS
`SAMSUNG ELECTRONICS CO., LTD. AND SAMSUNG ELECTRONICS AMERICA,
`INC.’S MOTIONS FOR SUMMARY JUDGMENT
`
`
`
`I, Thomas E. Garten, declare and state as follows:
`
`1.
`
`I am over the age of eighteen years, of sound mind, and competent to make this
`
`declaration. I am an attorney at the law firm of Covington & Burling LLP and represent
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`Defendants Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. (“Samsung”)
`
`in the above-captioned case. I have personal knowledge of the facts set forth in this declaration
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`and, if called as a witness, I would testify competently to these facts.
`
`
`
`Case 1:20-cv-00034-ADA Document 136 Filed 01/29/21 Page 2 of 4
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`2.
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`Attached as Exhibit 1 to this Declaration is a true and correct copy of U.S. Patent
`
`No. 6,411,941 (“’941 Patent”).
`
`3.
`
`Attached as Exhibit 2 to this Declaration is a true and correct copy of excerpts
`
`from the file history of the ’941 Patent (ANCORA_00000229 – ANCORA_00000480).
`
`4.
`
`Attached as Exhibit 3 to this Declaration is a true and correct copy of the
`
`Opening Expert Report of Dr. David Martin, dated November 20, 2020.
`
`5.
`
`Attached as Exhibit 4 to this Declaration is a true and correct copy of excerpts
`
`from the Samsung Accused Phones and Tablets appendix to the Opening Expert Report of Dr.
`
`David Martin, dated November 20, 2020.
`
`6.
`
`Attached as Exhibit 5 to this Declaration is a true and correct copy of the
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`Samsung Accused Smart TVs appendix to the Opening Expert Report of Dr. David Martin, dated
`
`November 20, 2020.
`
`7.
`
`Attached as Exhibit 6 to this Declaration is a true and correct copy of excerpts
`
`from the Expert Report of Dr. Scott M. Nettles, dated November 20, 2020.
`
`8.
`
`Attached as Exhibit 7 to this Declaration is a true and correct copy of excerpts
`
`from the Rebuttal Expert Report of Dr. Scott M. Nettles, dated December 21, 2020.
`
`9.
`
`Attached as Exhibit 8 to this Declaration is a true and correct copy of excerpts
`
`from the deposition transcript of Kyoung-Heun Shin, dated November 11, 2020.
`
`10.
`
`Attached as Exhibit 9 to this Declaration is a true and correct copy of
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`Defendants’ Supplemental Objections and Responses to Plaintiff’s Eighth Set of Interrogatories
`
`(No. 20), dated November 11, 2020.
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`11.
`
`Attached as Exhibit 10 to this Declaration is a true and correct copy of excerpts
`
`from the deposition transcript of Dr. David Martin, dated January 15, 2021.
`
`2
`
`
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`Case 1:20-cv-00034-ADA Document 136 Filed 01/29/21 Page 3 of 4
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`12.
`
`Attached as Exhibit 11 to this Declaration is a true and correct copy of a
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`Declaration from Dr. Steven R. Kursh dated January 29, 2021 and attaching the Expert Report of
`
`Dr. Steven R. Kursh, dated December 21, 2020.
`
`13.
`
`Attached as Exhibit 12 to this Declaration is a true and correct copy of a
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`presentation titled “OTN (Over the Network) Details - Open API”
`
`(SAMSUNG_ANCORA_0015300 – SAMSUNG_ANCORA_00153005).
`
`14.
`
`Attached as Exhibit 13 to this Declaration is a true and correct copy of a
`
`presentation titled “Samsung Smart TV - OTN Infra 구성도”
`
`(SAMSUNG_ANCORA_0281015) and translation.
`
`15.
`
`Attached as Exhibit 14 to this Declaration is a true and correct copy of excerpts
`
`from Ancora Technologies, Inc.’s Response to Defendants Samsung Electronics Co., Ltd. and
`
`Samsung Electronics America, Inc.’s First Set of Requests for Admission, dated November 19,
`
`2020.
`
`16.
`
`Attached as Exhibit 15 to this Declaration is a true and correct copy of excerpts
`
`from the deposition transcript of Dr. David Martin, dated January 14, 2021.
`
`17.
`
`Attached as Exhibit 16 to this Declaration is a true and correct copy of the
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`Settlement, Release, License, and Covenant Not-to-Sue Agreement between Microsoft
`
`Corporation and Ancora Technologies, Inc., dated November 6, 2009 (ANCORA_00000502 –
`
`ANCORA_00000510).
`
`18.
`
`Attached as Exhibit 17 to this Declaration is a true and correct copy of excerpts
`
`from Ancora Technologies, Inc.’s First Supplemental Response to Defendants Samsung
`
`Electronics Co., Ltd. and Samsung Electronics America, Inc.’s First Set of Interrogatories, dated
`
`November 13, 2020.
`
`3
`
`
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`Case 1:20-cv-00034-ADA Document 136 Filed 01/29/21 Page 4 of 4
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`19.
`
`Attached as Exhibit 18 to this Declaration is a true and correct copy of the
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`Declaration of Miki Mullor, dated December 18, 2020.
`
`20.
`
`Attached as Exhibit 19 to this Declaration is a true and correct copy of the Expert
`
`Report of Dr. Marwan Hassoun, dated November 20, 2020.
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`21.
`
`Attached as Exhibit 20 to this Declaration is a true and correct copy of a
`
`screenshot of a folder Ancora produced natively in production ANCORA_SC_001\ANCA
`
`1026\Vxd.
`
`
`
`
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`I declare under penalty of perjury that the foregoing is true and correct to the best of my
`
`knowledge. This declaration was executed on January 29, 2021, in Oakland, CA.
`
`
`
`Dated: January 29, 2021
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`
`
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`
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`
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`Respectfully submitted,
`
`/s/ Thomas E. Garten
`
`Thomas E. Garten
`3000 El Camino Real
`5 Palo Alto Square, 10th Floor
`Palo Alto, CA 94306-2112
`Phone: (650) 632-4708
`Email: tgarten@cov.com
`
`4
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`