`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`FLYPSI, INC., (d/b/a FLYP),
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`v.
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`GOOGLE LLC,
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`Plaintiff,
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`Defendant.
`
`§
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`§
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`CIVIL ACTION NO. 6:22-cv-00031-ADA
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`JURY TRIAL DEMANDED
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`DECLARATION OF ELIZBETH BRANN IN SUPPORT OF DEFENDANT GOOGLE
`LLC’S REPLY IN SUPPORT OF ITS MOTION TO DISMISS FLYPSI, INC.’S
`CLAIMS OF PRE-SUIT INDIRECT AND WILLFUL INFRINGEMENT
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`I, Elizabeth Brann, declare as follows:
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`1.
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`I am an attorney with the law firm Paul Hastings LLP and counsel for Defendant
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`Google LLC (“Google”). I have personal knowledge of the facts contained in the declaration and,
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`if called upon to do so, I could and would testify competently to the matters set forth herein.
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`2.
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`Attached hereto as Exhibit D is a true and correct copy of the Notice of Allowance
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`for U.S. Application No. 14/307,052, which issued as U.S. Patent No. 9,667,770.
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`-1-
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`
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`Case 6:22-cv-00031-ADA Document 115 Filed 04/26/23 Page 2 of 2
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`
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`3.
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`Attached hereto as Exhibit E is a true and correct copy of the Notices of Allowance
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`for U.S. Application Nos. 15,582,091, 16/031,806, 17/039,566, and 17/243,401, which issued,
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`respectively, as U.S. Patent Nos. 10,051,105, 10,334,094, 11,012,554, and 11,218,585.
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`
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`4.
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`Attached hereto as Exhibit F is a comparison of the proposed claims in U.S.
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`Application No. 14/307,052 as of November 12, 2015 and the issued claims in U.S. Patent No.
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`9,667,770. The comparison does not include claims withdrawn by Flypsi, Inc. on June 17, 2016 as
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`part of its Amendment to the Patent Office’s April 19, 2016 Restriction Requirement.
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`
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`5.
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`Attached hereto as Exhibit G is a true and correct copy of the website
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`https://support.google.com/faqs/answer/7049585?hl=en (last visited April 25, 2023).
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`
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`6.
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`Attached hereto as Exhibit H is a true and correct copy of excerpts from the Second
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`Amended Complaint for Patent Infringement, filed as Docket No. 38 in SimpliVity Corp. v.
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`Springpath, Inc., No. 4:15-cv-13345-TSH (D. Mass.).
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`I declare under penalty of perjury that to the best of my knowledge the foregoing is true
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`and correct. Executed this 26th day of April, 2023, in San Diego, California.
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`
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`/s/ Elizabeth Brann
`Elizabeth Brann
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`-2-
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