Case 6:21-cv-01101-ADA Document 66-1 Filed 10/07/22 Page 1 of 4
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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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`v.
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`APPLE INC.,
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`Defendant.
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`Case No. 6:21-cv-01101-ADA
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`JURY TRIAL DEMANDED
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`DECLARATION OF ANDREW T. RADSCH IN SUPPORT OF
`DEFENDANT APPLE INC.’S RESPONSE TO
`PLAINTIFF AIRE TECHNOLOGY LTD.’S MOTION TO
`AMEND PRELIMINARY INFRINGEMENT CONTENTIONS
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`Case 6:21-cv-01101-ADA Document 66-1 Filed 10/07/22 Page 2 of 4
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`I, Andrew T. Radsch, hereby declare and state as follows:
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`1.
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`I am an active member in good standing of the bars of California and New York,
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`and am admitted pro hac vice in the above-captioned case.
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`2.
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`I am an attorney and partner at the law firm of Ropes & Gray LLP, counsel for
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`Defendant Apple Inc. (“Apple”) in this litigation.
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`3.
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`I provide this declaration in support of Apple’s Response to Plaintiff Aire
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`Technology Ltd.’s (“Aire”) Motion to Amend Preliminary Infringement Contentions.
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`4.
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`The statements in this declaration are based upon my personal knowledge. If
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`called to testify as a witness in this matter, I could and would testify competently and truthfully
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`to each of the statements in this declaration under oath.
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`5.
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`Attached hereto as Exhibit 1 is a true and correct copy of a February 8, 2022
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`Press Release from Apple titled “Apple empowers businesses to accept contactless payments
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`through Tap to Pay on iPhone,” available at https://www.apple.com/newsroom/2022/02/apple-
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`unveils-contactless-payments-via-tap-to-pay-on-iphone/.
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`6.
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`Attached hereto as Exhibit 2 is a true and correct copy of a March 3, 2022 email
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`from Steve Ravel, counsel for Apple in the above-captioned matter, to the clerks of this Court
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`regarding a procedural dispute in this matter.
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`7.
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`On June 15, 2022, Apple filed three IPR petitions on the asserted claims for the
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`three patents in this case, including an IPR challenging U.S. Pat. No. 8,205,249 (the “’249
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`patent”). See Apple Inc. v. Aire Technology, Ltd., IPR2022-01135, Pap. 1 (P.T.A.B. June 15,
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`2022) (challenging the twelve claims of the ’249 patent currently asserted in this case); Apple
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`Inc. v. Aire Technology, Ltd., IPR2022-01136, Pap. 1 (P.T.A.B. June 15, 2022) (challenging the
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`eight claims of U.S. Pat. No. 8,581,706 currently asserted in this case); Apple Inc. v. Aire
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`1
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`Case 6:21-cv-01101-ADA Document 66-1 Filed 10/07/22 Page 3 of 4
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`Technology, Ltd., IPR2022-01137, Pap. 1 (P.T.A.B. June 15, 2022) (challenging the eight claims
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`of U.S. Pat. No. 8,174,360 currently asserted in this case).
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`8.
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`Pursuant to this Court’s scheduling orders in this matter (e.g. D.I. No. 23), after
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`Apple’s February 8, 2022 announcement of Tap to Pay on iPhone, the parties have complied
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`with several deadlines in this matter, including completing claim construction briefing and claim
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`construction-related discovery, including expert depositions. Apple took the depositions of
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`Aire’s two claim construction expert declarants on June 29, 2022—Dr. Michael C. Brogioli,
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`Ph.D. and Dr. Hugh Smith, Ph.D. Aire took the depositions of Apple’s two claim construction
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`expert declarants on July 25, 2022—Dr. Michael Caloyannides, Ph.D. and Dr. John Black, Ph.D.
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`9.
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`Both parties have served and responded to discovery requests in this action. Aire
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`served its First Set of Requests for Production, containing 51 separate requests, on July 19, 2022.
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`Apple served its objections and responses on August 18, 2022. Apple served its First Set of
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`Requests for Production, containing 49 separate requests, on August 3, 2022. Aire served its
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`objections and responses on September 2, 2022.
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`10.
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`Aire served its First Set of Interrogatories, containing 12 separate interrogatories
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`(not including subparts), on July 19, 2022. Apple served its objections and responses on August
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`18, 2022. Aire served its Second Set of Interrogatories, containing a 13th interrogatory (not
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`including subparts), on July 28, 2022. Apple served its objections and responses on August 29,
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`2022. Apple served its First Set of Interrogatories, containing 13 separate interrogatories, on
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`August 3, 2022. Aire served its objections and responses on September 2, 2022.
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`11.
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`I understand that, on or about July 19, 2022, Aire served or attempted to serve a
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`subpoena on NXP Semiconductors requesting documents and deposition testimony. In
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`September and early October of 2022, Apple served subpoenas on third parties dormakaba USA,
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`Case 6:21-cv-01101-ADA Document 66-1 Filed 10/07/22 Page 4 of 4
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`Inc., Thales USA, Inc., Visa, Inc., MasterCard Int’l, Inc., International Technologies and
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`Systems Corporation (d/b/a ID TECH), and Sequent Software, Inc.—each subpoena requesting
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`documents and deposition testimony directed to, inter alia, prior art.
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`12.
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`Apple has collected and made available for inspection a significant amount of
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`source code, starting in April 2022, and supplemented that production with additional source
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`code from at least one third party, in July 2022, in response to requests from Aire for that source
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`code in view of its infringement contentions.
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`13.
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`On several occasions, the parties have met and conferred about the scope of
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`discovery, including on at least August 5 and October 6, 2022.
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`14.
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`Aire first informed Apple it intended to seek leave to amend its Preliminary
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`Infringement Contentions to assert claim 13 of the ’249 patent on September 8, 2022. See D.I.
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`63-4 at 11.
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` I
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` declare under penalty of perjury that the foregoing is true and correct.
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`Executed on October 7, 2022
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`Andrew T. Radsch
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`3
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