`
`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 REPLY IN SUPPORT OF 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
`
`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
`
`and, if called as a witness, I would testify competently to these facts.
`
`
`
`Case 1:20-cv-00034-ADA Document 168 Filed 03/01/21 Page 2 of 2
`
`2.
`
`Attached as Exhibit 1 to this Declaration is a true and correct copy of excerpts
`
`from the Markman hearing transcript in Neodron, Ltd. v. Dell Technologies, Inc., dated June 30,
`
`2020.
`
`3.
`
`Attached as Exhibit 2 to this Declaration is a true and correct copy of excerpts
`
`from the Markman hearing transcript in Nordic Interactive Technologies, LLC v. Samsung
`
`Electronics Company, Ltd. and Samsung Electronics America, Inc., dated December 29, 2020.
`
`4.
`
`Attached as Exhibit 3 to this Declaration is a true and correct copy of excerpts
`
`from Dr. Erez Zadok’s Declaration in Support of Petition for Inter Partes Review of U.S. Patent
`
`No. 6,411,941, dated June 25, 2020.
`
`5.
`
`Attached as Exhibit 4 to this Declaration is a true and correct copy of excerpts
`
`from Plaintiff’s Preliminary Infringement Contentions, dated November 27, 2019.
`
`6.
`
`Attached as Exhibit 5 to this Declaration is a true and correct copy of excerpts
`
`from the Expert Report of Dr. Scott M. Nettles, dated November 20, 2020.
`
`7.
`
`Attached as Exhibit 6 to this Declaration is a true and correct copy of excerpts
`
`from Ancora’s Patent Owner Preliminary Response, dated October 30, 2020.
`
`
`
`I declare under penalty of perjury that the foregoing is true and correct to the best of my
`
`knowledge. This declaration was executed on March 1, 2021, in Oakland, CA.
`
`
`
`Dated: March 1, 2021
`
`
`
`
`
`
`
`
`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
`
`
`
`2
`
`