Match Group, LLC v. Bumble Trading Inc.

Western District of Texas, txwd-6:2018-cv-00080

Declaration of John F. Summers

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION MATCH GROUP, LLC § § § Plaintiff, § § No. 6:18-cv-00080-ADA-JCM v. § § BUMBLE TRADING, INC. § JURY TRIAL DEMANDED § Defendant. § § § DECLARATION OF JOHN F. SUMMERS IN SUPPORT OF PLAINTIFF MATCH GROUP, LLC'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS FIRST AMENDED COMPLAINT I, John F. Summers, hereby declare as follows: 1. I am an attorney at the law firm of Caldwell Cassady Curry P.C. in Dallas, Texas. I am admitted to practice in the State of Texas and the Western District of Texas. I submit this declaration based on personal knowledge and following a reasonable investigation. If called upon as a witness, I could and would competently testify to the truth of each statement herein. 2. The document attached as Exhibit A is a true and correct copy of U.S. Patent No. 9,959,023 entitled "Matching Process System and Method", dated May 1, 2018. 3. The document attached as Exhibit B is a true and correct copy of U.S. Patent No. 9,733,811 entitled "Matching Process System and Method", August 15, 2017. 4. The document attached as Exhibit C is a true and correct copy of Data Engine Technologies LLC v. Google LLC, No. 2017-1135 (Fed. Cir.), dated October 9, 2018. 5. The document attached as Exhibit D is a true and correct copy of Provisional Patent Application No. 61/015,099, dated December 19, 2007. 6. The document attached as Exhibit E is a true and correct copy of U.S. Patent No. 8,566,327 entitled "Matching Process System and Method", dated October 22, 2013. 7. The document attached as Exhibit F is a true and correct copy of U.S. Patent No. 9,733,811 prosecution file history. 1 8. The document attached as Exhibit G is a true and correct copy of U.S. Patent No. 9,959,023 prosecution file history. 9. The document attached as Exhibit H is a true and correct copy of article entitled "Tinder Plus: The Next Level of Tinder", dated March 2, 2015. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 11, 2018 /s/ John F. Summers John F. Summers 2