`
`
`
`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 DEFENDANT GOOGLE
`LLC’S REPLY IN SUPPORT OF ITS MOTION TO DISMISS FLYPSI, INC.’S CLAIMS
`OF INDRECT AND WILLFUL INFRINGEMENT
`
`I, Robert W. Unikel, declare as follows:
`
`1.
`
`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,
`
`if called upon to do so, I could and would testify competently to the matters set forth herein.
`
`2.
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`Attached hereto as Exhibit 1 is a true and correct copy of the entity details from the
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`State of Delaware: Division of Corporations website identifying the incorporation dates for Google
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`LLC and GV Management Company, LLC, a/k/a Google Ventures.
`
`3.
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`Attached hereto as Exhibit 2 is a true and correct copy of excerpts from the First
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`Amended Complaint for Patent Infringement, filed as Docket No. 20 in Estech Systems, Inc. v.
`
`Target Corp., No. 2:20-cv-00123 (E.D. Tex.).
`
`4.
`
`Attached hereto as Exhibit 3 is a true and correct copy of excerpts from the Second
`
`Amended Complaint for Patent Infringement, filed as Docket No. 38 in SimpliVity Corp. v.
`
`Springpath, Inc., No. 4:15-cv-13345-TSH (D. Mass.).
`
`
`
`
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`Case 6:22-cv-00031-ADA Document 38-1 Filed 05/02/22 Page 2 of 2
`
`
`
`5.
`
`Attached hereto as Exhibit 4 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 The comparison does not include claims withdrawn by Flypsi, Inc. on June 17, 2016 as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.
`
`6.
`
`Attached hereto as Exhibit 5 is a true and correct copy of excerpts from the First
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`Amended Complaint for Patent Infringement, filed as Docket No. 19 in Kirsch Research &
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`Development LLC v. Tarco Specialty Products, Inc., No. 6:20-cv-00318-ADA (W.D. Tex).
`
`7.
`
`Attached hereto as Exhibit 6 is a true and correct copy of excerpts from the First
`
`Amended Complaint for Patent Infringement, filed as Docket No. 26 in Finjan, Inc. v. Cisco
`
`Systems, Inc., No. 5:17-cv-00072-BLF (N.D. Cal).
`
`8.
`
`Attached hereto as Exhibit 7 is a true and correct copy of excerpts from the Original
`
`Complaint for Patent Infringement, filed as Docket No. 1 in CPC Patent v. Apple Inc., No. 6:21-
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`cv-00165-ADA (W.D. Tex.).
`
`I declare under penalty of perjury that the foregoing is true and correct. Executed this 2nd
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`day of May in Chicago, Illinois.
`
`
`
`
`
`/s/ Robert W. Unikel
`Robert W. Unikel
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`-2-
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`
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