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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Case No. 6:21-cv-01101
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`JURY TRIAL DEMANDED
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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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`DECLARATION OF DANIEL W. RICHARDS IN SUPPORT OF
`DEFENDANT APPLE’S MOTION TO STAY PENDING INTER PARTES REVIEW
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`I, Daniel W. Richards, declare as follows:
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`1. I am admitted to practice before this Court, and am counsel at the law firm of Ropes &
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`Gray LLP, counsel of record for Defendant Apple Inc. in this action.
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`2. As of January 19, 2023, the following discovery has occurred in this case:
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`a. Aside from venue-related discovery, Aire has served, and Apple has responded to,
`two sets of interrogatories, while Apple has served, and Aire has responded to,
`one set of interrogatories:
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`i. Plaintiff’s First Set of Interrogatories to Defendant Apple Inc. (Nos. 1-12),
`dated July 19, 2022 (which Apple responded to on August 18, 2022);
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`ii. Plaintiff’s Second Set of Interrogatories to Defendant Apple Inc., dated
`July 28, 2022 (No. 13) (which Apple responded to on August 29, 2022);
`and
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`iii. Defendant Apple Inc.’s First Set of Interrogatories (Nos. 1-17), dated
`August 3, 2022 (which Aire responded to on September 2, 2022).
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`b. Aside from venue-related discovery, the parties have each served, and responded
`to, only one set of requests for production:
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`
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`Case 6:21-cv-01101-ADA Document 73-1 Filed 01/19/23 Page 2 of 3
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`i. Plaintiff’s First Set of Requests for Production to Apple, Inc., dated July
`19, 2022 (which Apple served objections and responses to on August 18,
`2022); and
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`ii. Defendant Apple Inc.’s First Set of Requests for Production, dated August
`3, 2022 (which Aire served objections and responses to on September 2,
`2022).
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`c. The parties each have not served any deposition notices on the other party. Aside
`from depositions of claim construction expert declarants, no depositions have
`occurred, and none are scheduled.
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`d. Only one third party (NXP) has produced some discovery.
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`3. Attached as Exhibit A is a true and correct copy of the Decision Granting Institution of
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`Inter Partes Review of United States Patent No. 8,581,706 (’706).
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`4. Attached as Exhibit B is a true and correct copy of the Decision Granting Institution of
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`Inter Partes Review of United States Patent No. 8,205,249 (’249).
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`5. Attached as Exhibit C is a true and correct copy of the Decision Granting Institution of
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`Inter Partes Review of United States Patent No. 8,174,360 (’360).
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`6. Attached as Exhibit D is a true and correct copy of the ’706 Patent Assignment Record.
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`7. Attached as Exhibit E is a true and correct copy of the ’249 Patent Assignment Record.
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`8. Attached as Exhibit F is a true and correct copy of the ’360 Patent Assignment Record.
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`9. Attached as Exhibit G is a true and correct copy of Plaintiff’s Preliminary Disclosure of
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`Asserted Claims and Infringement Contentions to Defendant Apple Inc., dated January
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`20, 2022.
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`10. Attached as Exhibit H is a true and correct copy of the Petition for Inter Partes Review
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`in IPR2022-01137 regarding the ’706 patent.
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`11. Attached as Exhibit I is a true and correct copy of the Petition for Inter Partes Review in
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`IPR2022-01135 regarding the ’249 patent.
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`12. Attached as Exhibit J is a true and correct copy of the Petition for Inter Partes Review in
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`-2-
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`Case 6:21-cv-01101-ADA Document 73-1 Filed 01/19/23 Page 3 of 3
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`IPR2022-01136 regarding the ’360 patent.
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`13. Attached as Exhibit K is a true and correct copy of the Petition for Inter Partes Review
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`in IPR2023-00080 regarding claim 13 of the ’249 patent.
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` declare under penalty of perjury that the foregoing is true and correct.
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` I
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`Executed on January 19, 2023
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`/s/ Daniel W. Richards
`DANIEL W. RICHARDS
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`-3-
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