Ixi Mobile (R&D) Ltd. et al v. Samsung Electronics Co., Ltd. et al

Northern District of California, cand-4:2015-cv-03752

Declaration Cassady Declaration

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1 Jason D. Cassady (pro hac vice) jcassady@caldwellcc.com 2 Hamad M. Hamad (pro hac vice) 3 hhamad@caldwellcc.com Robert Seth Reich, Jr. (pro hac vice) 4 sreich@caldwellcc.com CALDWELL CASSADY & CURRY P.C. 5 2101 Cedar Springs Rd. Ste. 1000 Dallas, TX 75201 6 Telephone: (214) 888-4848 7 Attorneys for Plaintiffs 8 IXI MOBILE (R&D) LTD. and IXI IP, LLC 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 IXI MOBILE (R&D) LTD. et al., CASE NO. 4:15-CV-03752-HSG 13 Plaintiffs, DECLARATION OF JASON D. CASSADY 14 IN SUPPORT OF PLAINIFFS' REPLY IN 15 v. SUPPORT OF THEIR MOTION FOR LEAVE TO AMEND INFRINGEMENT 16 SAMSUNG ELECTRONICS CO., LTD., ET AL., CONTENTIONS AND ASSERTED CLAIMS 17 Defendants. Date: May 9, 2019 Time: 2:00 p.m. 18 Courtroom: 2, 4th Floor 19 Judge: Hon. Haywood S. Gilliam, Jr. 20 IXI MOBILE (R&D) LTD. et al., CASE NO. 4:15-CV-03755-HSG (Related Case) 21 Plaintiffs, 22 v. 23 APPLE INC., 24 Defendant. 25 26 27 28 30 Case No. 4:15-CV-03752-03755-HSG 31 DECLARATION OF JASON D. CASSADY 1 I, Jason Cassady, hereby declare as follows: 2 1. I am an attorney at the law firm of Caldwell Cassady Curry P.C. in Dallas, Texas. I am 3 admitted to practice in the State of Texas and have been admitted Pro Hac Vice in this matter. I submit 4 this declaration based on personal knowledge and following a reasonable investigation. If called upon as 5 a witness, I could and would competently testify to the truth of each statement herein. 6 2. On Monday, March 18, 2019, I participated in a telephone call between me and Apple 7 counsel Mr. Harrison "Buzz" Frahn. I took the call in my office. On the call, Mr. Frahn asked me for 8 9 clarification regarding IXI's motion to amend with respect to the pending claims in the '532 patent's 10 reexamination. I explained that IXI's intention was to inform the Defendants and the Court now that IXI 11 was planning on asserting any claims that issued from that reexamination. I further explained that IXI 12 would follow the Court's preference regarding whether the Court wanted IXI to file another motion for 13 leave to amend at the point in time that any claims did issue from the reexamination. Additionally, I also 14 said that IXI intended to move forward on these claims with the parties however the Court saw fit to 15 16 allow. At no point during the call did I say that IXI intended to literally assert pending claims before 17 they even issued or without the Court's permission. 18 3. The document attached as Exhibit 1 is a true and correct copy of an email from Apple 19 counsel Harrison "Buzz" Frahn to IXI counsel Robert Seth Reich Jr., dated March 12, 2019. 20 4. The document attached as Exhibit 2 is a true and correct copy of an email from Apple 21 counsel Harrison "Buzz" Frahn to IXI counsel Robert Seth Reich Jr., dated March 13, 2019, and the draft 22 stipulation that was attached to that email. 23 24 5. The document attached as Exhibit 3 is a true and correct copy of an email from IXI 25 counsel Robert Seth Reich Jr., to Apple counsel Harrison "Buzz" Frahn, dated March 13, 2019, and the 26 draft stipulation that was attached to that email. 27 28 Case No. 4:15-CV-03752-03755-HSG 30 DECLARATION OF JASON D. CASSADY 1 31 1 I declare under penalty of perjury that the foregoing is true and correct. 2 Executed on March 28, 2019 /s/ Jason D. Cassady 3 Jason D. Cassady 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 4:15-CV-03752-03755-HSG 30 DECLARATION OF JASON D. CASSADY 2 31