Case 6:21-cv-00916-ADA-DTG Document 103-1 Filed 09/23/22 Page 1 of 4
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`§
`
`§
`Case No. 6:21-cv-00916-ADA
`§
`
`JURY TRIAL DEMANDED
`§
`
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`
`RFCYBER CORP.,
`
`
`
`
`v.
`
`
`APPLE, INC.,
`
`
`Plaintiff,
`
`Defendant.
`
`
`
`DECLARATION OF PETER LAMBRIANAKOS IN SUPPORT OF
`PLAINTIFF RFCYBER CORP.’S RESPONSE IN OPPOSITION TO APPLE’S
`OPPOSED MOTION FOR INTRA-DISTRICT TRANSFER
`TO THE AUSTIN DIVISION PURSUANT TO 28 U.S.C. § 1404(a) (DKT. 93)
`
`I, Peter Lambrianakos, hereby declare as follows:
`
`1.
`
`I have personal knowledge of the facts set forth in this declaration. I am competent
`
`to testify as to all matters stated, and I am not under any legal disability which would in any way
`
`preclude me from testifying.
`
`2.
`
`I am a Partner at the law firm of Fabricant LLP and counsel of record for Plaintiff
`
`RFCyber Corp., in this matter.
`
`3.
`
`The exhibits attached to this declaration may contain annotations and/or excerpts
`
`of the originals.
`
`4.
`
`Attached hereto as Exhibit 1 is a true and correct copy of Plaintiff’s Disclosures of
`
`Asserted Claims and Infringement Contentions, dated December 21, 2021.
`
`5.
`
`Attached hereto as Exhibit 2 is a true and correct copy of Appendix A to Plaintiff’s
`
`Disclosures of Asserted Claims and Infringement Contentions, dated December 21, 2021.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`§
`
`§
`Case No. 6:21-cv-00916-ADA
`§
`
`JURY TRIAL DEMANDED
`§
`
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`
`RFCYBER CORP.,
`
`
`
`
`v.
`
`
`APPLE, INC.,
`
`
`Plaintiff,
`
`Defendant.
`
`
`
`DECLARATION OF PETER LAMBRIANAKOS IN SUPPORT OF
`PLAINTIFF RFCYBER CORP.’S RESPONSE IN OPPOSITION TO APPLE’S
`OPPOSED MOTION FOR INTRA-DISTRICT TRANSFER
`TO THE AUSTIN DIVISION PURSUANT TO 28 U.S.C. § 1404(a) (DKT. 93)
`
`I, Peter Lambrianakos, hereby declare as follows:
`
`1.
`
`I have personal knowledge of the facts set forth in this declaration. I am competent
`
`to testify as to all matters stated, and I am not under any legal disability which would in any way
`
`preclude me from testifying.
`
`2.
`
`I am a Partner at the law firm of Fabricant LLP and counsel of record for Plaintiff
`
`RFCyber Corp., in this matter.
`
`3.
`
`The exhibits attached to this declaration may contain annotations and/or excerpts
`
`of the originals.
`
`4.
`
`Attached hereto as Exhibit 1 is a true and correct copy of Plaintiff’s Disclosures of
`
`Asserted Claims and Infringement Contentions, dated December 21, 2021.
`
`5.
`
`Attached hereto as Exhibit 2 is a true and correct copy of Appendix A to Plaintiff’s
`
`Disclosures of Asserted Claims and Infringement Contentions, dated December 21, 2021.
`
`
`
`Case 6:21-cv-00916-ADA-DTG Document 103-1 Filed 09/23/22 Page 2 of 4
`
`6.
`
`Attached hereto as Exhibit 3 is a true and correct copy of excerpts of the transcript
`
`of the Markman Hearing before The Honorable Alan D. Albright on September 13, 2022.
`
`7.
`
`Attached hereto as Exhibit 4 is a true and correct copy of an email from Mark Scott
`
`to Counsel setting Markman hearing, dated August 29, 2022.
`
`8.
`
`Attached hereto as Exhibit 5 is a true and correct copy of an email from John
`
`Guaragna to Mark Scott; Rebecca Jahnke requesting stay, dated September 2, 2022.
`
`9.
`
`Attached hereto is Exhibit 6 is a true and correct copy of RFCyber Corp.’s Second
`
`Supplemental Objections and Responses to Defendant Apple Inc.’s First Set of Interrogatories
`
`Concerning Venue to Plaintiff RFCyber Corp. (Nos. 1-5), dated July 15 2022.
`
`10.
`
`Attached hereto is Exhibit 7 is a true and correct copy of a document bearing Bates
`
`Nos. RFC-APPLE00011498 through RFC-APPLE00011508.
`
`11.
`
`Attached hereto is Exhibit 8 is a true and correct copy of a document bearing Bates
`
`Nos. RFC-APPLE00011537 through RFC-APPLE00011547.
`
`12.
`
`Attached hereto is Exhibit 9 is a true and correct copy of a document bearing Bates
`
`Nos. RFC-APPLE00011520 through RFC-APPLE00011536.
`
`13.
`
`Attached hereto as Exhibit 10 is a true and correct copy of excerpts of the transcript
`
`of the deposition of Hsin Pan, dated August 2, 2022.
`
`14.
`
`Attached hereto as Exhibit 11 is a true and correct copy of Plaintiff RFCyber
`
`Corp.’s Fourth Set of Venue Interrogatories (No. 6) to Defendant Apple, Inc., dated September 7,
`
`2022.
`
`15.
`
`Attached hereto as Exhibit 12 is a true and correct copy of Apple Inc.’s Responses
`
`to Plaintiff RFCyber Corp.’s Fourth Set of Venue Interrogatories (No. 6), dated September 9, 2022.
`
`2
`
`
`
`Case 6:21-cv-00916-ADA-DTG Document 103-1 Filed 09/23/22 Page 3 of 4
`
`16.
`
`Attached hereto as Exhibit 13 is a true and correct copy of Apple Inc.’s First
`
`Supplemental Responses to Plaintiff RFCyber Corp.’s First Set of Venue Interrogatories (Nos. 1-
`
`3), dated June 30, 2022.
`
`17.
`
`Attached hereto as Exhibit 14 is a true and correct copy of a document bearing
`
`Bates Nos. APL-RFC0916-00033501 through APL-RFC0916-00033687.
`
`18.
`
`Attached hereto as Exhibit 15 is a true and correct copy of a document bearing
`
`Bates Nos. APL-RFC0916-00036018 through APL-RFC0916-00036036.
`
`19.
`
`Attached hereto as Exhibit 16 is a true and correct copy of a document bearing
`
`Bates Nos. APL-RFC0916-00043987 through APL-RFC0916-00043995.
`
`20.
`
`Attached hereto as Exhibit 17 is a true and correct copy of a document bearing
`
`Bates Nos. APL-RFC0916-00048060 through APL-RFC0916-00048077.
`
`21.
`
`Attached hereto as Exhibit 18 is a true and correct copy of excerpts of the transcript
`
`of the deposition of Thien Pham, dated July 20, 2022.
`
`22.
`
`Attached hereto as Exhibit 19 is a true and correct copy of excerpts of the transcript
`
`of the deposition of Deepak Kumar, dated July 27, 2022.
`
`23.
`
`Attached hereto as Exhibit 20 is a true and correct copy of Apple Inc.’s Second
`
`Supplemental Responses to Plaintiff RFCyber Corp.’s First Set of Venue Interrogatories (Nos. 1-
`
`3), dated July 15, 2022.
`
`24.
`
`Attached hereto as Exhibit 21 is a true and correct copy of the Declaration of Hsin
`
`(Sean) Pan, September 22, 2022.
`
`25.
`
`Attached hereto as Exhibit 22 is a true and correct copy of a document bearing
`
`Bates Nos. APL-RFC0916-00042771 through APL-RFC0916-00042789.
`
`3
`
`
`
`Case 6:21-cv-00916-ADA-DTG Document 103-1 Filed 09/23/22 Page 4 of 4
`
`26.
`
`Attached hereto as Exhibit 23 is a true and correct copy of excerpts of the transcript
`
`of the deposition of Divya Patnaik, dated July 26, 2022.
`
`27.
`
`Attached hereto as Exhibit 24 is a true and correct copy of Apple Inc.’s Second
`
`Supplemental Responses to Plaintiff RFCyber Corp.’s Third Set of Venue Interrogatories (No. 5),
`
`dated July 15 2022.
`
`28.
`
`Attached hereto as Exhibit 25 is a true and correct copy of the Declaration of Liang
`
`Seng Koh, September 22, 2022.
`
`29.
`
`Attached hereto as Exhibit 26 is a true and correct copy of the Declaration of Fu-
`
`Liang Cho, September 22, 2022.
`
`30.
`
`Attached hereto as Exhibit 27 is a true and correct copy of the Declaration of Fu-
`
`Tong (Adam) Cho, September 22, 2022.
`
`31.
`
`Attached hereto as Exhibit 28 is a true and correct copy of the Declaration of
`
`Xiangzhen Xie, September 22, 2022.
`
`32.
`
`Attached hereto as Exhibit 29 is a true and correct copy of the Declaration of Joe
`
`Zheng, September 22, 2022.
`
`33.
`
`Attached hereto as Exhibit 30 is a true and correct copy of excerpts from the
`
`transcript of the Discovery Hearing held via Videoconference before The Honorable Derek T.
`
`Gilliland on June 13, 2022.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed on September 23, 2022 in Summit, New Jersey.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Peter Lambrianakos
` Peter Lambrianakos
`
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
