Data Scape Limited v. Dell Technologies, Inc. et al

Western District of Texas, txwd-6:2019-cv-00129

Affidavit of Paul A Kroeger

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UNITED STATES DISTRICT COURT IN THE WESTERN DISTRICT OF TEXAS WACO DIVISION DATA SCAPE LIMITED, C.A. No. 6:19-cv-00129-ADA Plaintiff, v. JURY TRIAL DEMANDED DELL TECHNOLOGIES INC., DELL INC., and EMC CORPORATION, Defendants. DECLARATION OF PAUL A. KROEGER IN SUPPORT OF PLAINTIFF DATA SCAPE LIMITED'S MOTION TO DISMISS INEQUITABLE CONDUCT COUNTERCLAIM AND STRIKE INEQUITABLE CONDUCT AFFIRMATIVE DEFENSE I, Paul A. Kroeger, state as follows: 1. I am a partner at the law firm of Russ August & Kabat, counsel for Plaintiff Data Scape Limited ("Data Scape") in this action, and a member in good standing of the bar of California. I make all statements herein based on my personal knowledge. 2. Attached hereto as Exhibit A is a true and correct copy of a printout of the online biography of Terry W. Kramer, at http://www.krameramado.com/terry-w-kramer- director (last accessed May 13, 2019). 3. Attached hereto as Exhibit B is a true and correct copy of documents submitted to the United States Patent and Trademark Office on March 25, 2016, excerpted from the publicly-accessible file wrapper of U.S. Patent No. 9,715,893 obtained through the Patent Office's Public Patent Application Information Retrieval system. 4. Attached hereto as Exhibit C is a true and correct copy of documents submitted to the USPTO on September 16, 2016, excerpted from the file wrapper of the '893 patent. 5. Attached hereto as Exhibit D is a true and correct copy of a document submitted to the USPTO on January 31, 2017, excerpted from the file wrapper of the '893 patent. 6. Attached hereto as Exhibit E is a true and correct copy of a printout of a patent assignment record (reel 042400, frame 0842) maintained by the USPTO and accessible at https://assignment.uspto.gov/patent/index.html#/patent/search/resultAssignment?searchIn put=9715893&id=42400-842 (last accessed May 13, 2019). 1 7. Attached hereto as Exhibit F is a true and correct copy of the record of the issue fee transmittal for the '893 patent, which has been excerpted from the file wrapper of the '893 patent. 8. Attached hereto as Exhibit G is a true and correct copy of the record July 13, 2017 power of attorney signed by Terry W. Kramer, which has been excerpted from the file wrapper of the '893 patent. 9. Attached hereto as Exhibit H is a true and correct copy of excerpts dated July 17, 2017 from the file wrapper of U.S. Patent No. 10,027,751 obtained through the USPTO's PAIR system. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Dated this 13th of May 2019 at Los Angeles, California. /s/ Paul A. Kroeger 2