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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`AIRE TECHNOLOGY LTD.,
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`Plaintiff,
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`Case No. 6:21-cv-01101-ADA
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`JURY TRIAL DEMANDED
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`v.
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`APPLE INC.,
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`Defendant.
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`DECLARATION OF DREW B. HOLLANDER
`IN SUPPORT OF PLAINTIFF AIRE TECHNOLOGY LTD.’S
`MOTION TO AMEND INFRINGEMENT CONTENTIONS
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`Case 6:21-cv-01101-ADA Document 63-1 Filed 09/30/22 Page 2 of 4
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`I, Drew B. Hollander, hereby declare under the penalty of perjury as follows:
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`1.
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`I am an attorney at B.C. Law Group, P.C., counsel of record for Aire Technology
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`Ltd. (“Aire”). I am one of the attorneys responsible for representing Aire in this matter. I have
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`personal knowledge of all facts stated in this declaration and if called as a witness, could and would
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`competently testify to these facts. I respectfully submit this declaration in support of Aire’s Motion
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`to Amend Preliminary Infringement Contentions.
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`2.
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`During Summer 2022, Apple made its new “Tap to Pay” feature available to certain
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`retailers and merchants, which allows a retailer or merchant to use an Apple iPhone as a payment
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`terminal in the same way as a traditional credit card payment terminal. See, e.g.,
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`https://www.nfcw.com/2022/06/06/377358/square-to-let-merchants-begin-testing-contactless-
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`payment-acceptance-on-iphone-with-apples-tap-to-pay/;
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`https://www.nfcw.com/2022/07/14/377977/us-merchants-begin-accepting-in-store-contactless-
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`payments-on-apple-iphones/. Indeed, Square has only integrated the feature into its payment
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`application as September 28, 2022. See https://9to5mac.com/2022/09/28/tap-to-pay-on-iphone-
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`square/.
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`3.
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`After learning that Apple’s Tap to Pay feature was beginning to be employed by
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`select retailers and merchants in Summer 2022, Aire promptly investigated the operation of the
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`feature and its use in real-world transactions to ensure that the feature worked in the manner that
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`Apple advertised (i.e., that the feature infringed claim 13). This was the first time Aire was able
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`to investigate the real-world use of Apple’s Tap to Pay feature.
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`4.
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`Immediately thereafter, Aire drafted a claim chart mapping claim 13 of the ’249
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`Patent and shared that chart with Apple on September 8, 2022. Attached hereto as Exhibit 1 is a
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`true and correct copy of the claim 13 claim chart sent to Apple on September 8, 2022.
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`Case 6:21-cv-01101-ADA Document 63-1 Filed 09/30/22 Page 3 of 4
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`5.
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`On September 8, 2022, Aire also asked whether Apple opposed Aire’s forthcoming
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`motion to amend its preliminary infringement contentions to add claim 13 of the ’249 Patent.
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`Despite the parties’ best efforts to avoid burdening the Court with motion practice, Apple indicated
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`on September 28 that it opposed Aire’s supplement and Aire promptly filed the instant motion.
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`Attached hereto as Exhibit 2 is a true and correct copy of the September 8 and 28, 2022 emails
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`(and intervening emails) between D. Hollander (counsel for Aire) and A. Radsch (counsel for
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`Apple).
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`6.
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`During the parties September 23, 2022 meet and confer, Aire indicated to Apple
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`that it would not oppose an extension of the final invalidity contentions deadline to provide time
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`for Apple to prepare its invalidity contentions for claim 13 of the ’249 Patent. On the same meet
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`and confer, Aire explained to Apple that it would not object to briefing additional terms not found
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`in the claims already asserted (and briefed) prior to the Court’s May 16 Markman hearing.
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`7.
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`Attached hereto as Exhibit 3 is a true and correct copy of exhibit B (’249 Patent
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`claim chart) of Aire’s January 20, 2022 preliminary infringement contentions.
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`Executed on this 30th day of September, 2022 in New York, NY.
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`/s/ Drew B. Hollander
`Drew B. Hollander
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`Case 6:21-cv-01101-ADA Document 63-1 Filed 09/30/22 Page 4 of 4
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`CERTIFICATE OF SERVICE
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`I certify that this document is being served upon counsel of record for Defendant on
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`September 30, 2022 via electronic service.
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`/s/ Brett E. Cooper
`Brett E. Cooper
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