`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`FLYPSI, INC., (D/B/A FLYP),
`
`Plaintiff,
`
`v.
`
`GOOGLE LLC,
`
`Defendant.
`
`
`
`CIVIL ACTION NO. 6:22-cv-00031-ADA
`
`JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`DECLARATION OF ROBERT W. UNIKEL IN SUPPORT OF GOOGLE LLC’S
`OPPOSITION TO PLAINTIFF FLYPSI, INC.’S MOTION FOR PARTIAL SUMMARY
`JUDGMENT CONCERNING GOOGLE’S AFFIRMATIVE DEFENSES
`
`I, Robert W. Unikel, declare and state as follows:
`
`1.
`
`I am an attorney with the law firm Paul Hastings LLP and counsel for Defendant
`
`Google LLC (“Google”). I have personal knowledge of the facts contained in this declaration and,
`
`if called upon to do so, I could and would testify competently to the matters set forth herein.
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of the September 27, 2023
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`discovery dispute e-mail.
`
`3.
`
`Attached hereto as Exhibit 2 is a true and correct copy of Plaintiff Flypsi Inc.’s
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`April 25, 2022 Infringement Contentions.
`
`4.
`
`Attached hereto as Exhibit 3 is a true and correct copy of Plaintiff Flypsi Inc.’s
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`February 17, 2023, First Amended Infringement Contentions.
`
`5.
`
`Attached hereto as Exhibit 4 is a true and correct copy of excerpted portions of
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`Plaintiff Flypsi Inc.’s March 21, 2023 Final Infringement Contentions and ’770 Patent Chart.
`
`6.
`
`Attached hereto as Exhibit 5 is a true and correct copy of highlighted excerpts of
`
`the transcript of the October 20, 2023 deposition of Scott Nettles, Ph. D.
`
`
`
`
`
`
`Case 6:22-cv-00031-ADA Document 182-1 Filed 11/28/23 Page 2 of 3
`FILED UNDER SEAL
`
`7.
`
`Attached hereto as Exhibit 6 is a true and correct copy of excerpts to the Expert
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`Report of Scott Nettles, Ph. D on Infringement by Google LLC.
`
`8.
`
`Attached hereto as Exhibit 7 is a true and correct copy of excerpts of the file history
`
`for U.S. Patent Application No. 13/944,853.
`
`9.
`
`Attached hereto as Exhibit 8 is a true and correct copy of excerpts of the file history
`
`for U.S. Patent No. 9,667,770.
`
`10.
`
`Attached hereto as Exhibit 9 is a true and correct copy of excerpts of the file history
`
`for U.S. Patent No. 10,051,105.
`
`11.
`
`Attached hereto as Exhibit 10 is a true and correct copy of excerpts of the file
`
`history for U.S. Patent No. 10,334,094.
`
`12.
`
`Attached hereto as Exhibit 11 is a true and correct copy of excerpts of the file
`
`history for U.S. Patent Application No. 16/444,753.
`
`13.
`
` Attached hereto as Exhibit 12 is a true and correct copy of excerpts of the file
`
`history for U.S. Patent No. 11,012,554.
`
`14.
`
`Attached hereto as Exhibit 13 is a true and correct copy of excerpts of the file
`
`history for U.S. Patent No. 11,218,585.
`
`15.
`
`Attached hereto as Exhibit 14 is a true and correct copy of highlighted excerpts of
`
`the transcript of the July 28, 2023 deposition of Sunir Kochhar.
`
`16.
`
`Attached hereto as Exhibit 15 is a true and correct copy of highlighted excerpts of
`
`the transcript of the July 20, 2023 deposition of Peter Rinfret.
`
`17.
`
`Attached hereto as Exhibit 16 is a true and correct copy of highlighted excerpts of
`
`the transcript of the August 10, 2023 deposition of Ivan Zhidov.
`
`
`
`
`-2-
`
`
`
`Case 6:22-cv-00031-ADA Document 182-1 Filed 11/28/23 Page 3 of 3
`FILED UNDER SEAL
`
`18.
`
`Attached hereto as Exhibit 17 is a true and correct copy of highlighted excerpts of
`
`the transcript of the August 3, 2023 deposition of Kyle Warnsley.
`
`19.
`
`Attached hereto as Exhibit 18 is a true and correct copy of the highlighted excerpts
`
`of the transcript of the August 1, 2023 deposition of Jeffrey Stark.
`
`20.
`
`Attached hereto as Exhibit 19 is a true and correct copy of excerpts of the
`
`September 12, 2023 Expert Report of Justin Lewis.
`
`21.
`
`Attached hereto as Exhibit 20 is a true and correct copy of excerpts of the October
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`10, 2023 Rebuttal Expert Report of Dr. Thomas M. Conte Regarding Validity of the ’770, ’105,
`
`’094, ’554 and ’585 Patents.
`
`I declare under penalty of perjury that to the best of my knowledge the foregoing is true
`
`and correct. Executed this 28th day of November, 2023, in Chicago, Illinois.
`
`/s/ Robert W. Unikel
`Robert W. Unikel
`
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`-3-
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