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I, David C. Bohrer, declare as follows:
1. I am an attorney in good standing admitted to practice before this Court. I am a partner
with Valorem Law Group, LLP, and counsel for plaintiff Aquatic AV, Inc. (“plaintiff” or “Aquatic”)
in the above-captioned matter.
2. I make this declaration in support of Aquatic’s Motion For Leave to Amend
Infringement Contentions.
3. I have personal knowledge of the facts set forth in this declaration except and if called
to do so I could and would testify thereto.
4. On October 29, 2014, Aquatic timely served its Patent Local Rule 3-1 infringement
contentions, which asserted, in pertinent part, that Magnadyne infringed claims 16, 18, 19, and 22 of
the ‘756 patent based upon Magnadyne’s importing, making, using, selling or offering for sale its
“Aquavibe” digital media docking stations in combination with Magnadyne’s Wireless Remotes.
5. The October 29, 2014 infringement contentions are attached as Exhibit A, which
includes track changes showing any amendments over the contentions as originally served. Also
attached as Exhibit B is the Revised Appendix A Infringement Chart, which includes track changes
showing the amendment of the previous infringement chart served with the October 29 infringement
contentions to show that the combination of either the Wired Remotes or Wireless Remotes with the
accused Magnadyne “Aquavibe docking stations infringes the ‘756 patent.
6. Based upon publicly available sales literature, Aquatic included the Wired Remotes in
its infringement chart directed to Magnadyne’s infringement of ‘081 patent. However, samples of
the Wired Remotes are not publicly available, making it difficult to ascertain whether they also
satisfied the “detachably coupled” term in the ‘756 patent. Accordingly, no assertion of
infringement by the Wired Remotes was made in the original infringement contentions. Aquatic did
not want to assert an infringement claim against the combination of the Magnadyne docking station
with the Wired Remote with regard to the ‘756 patent claims (incorporating the “detachably
couples” limitation) without first having received a an actual sample of the Wired Remote to
determine whether the Wired Remote met that limitation.
-1-
DECL. DAVID C. BOHRER ISO MOT. AMEND INFRING CONTENTIONS/ Case No. 3:14-cv-01931-WHA
Case3:14-cv-01931-WHA Document87-1 Filed02/03/15 Page2 of 4
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