UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION 

SYMBOLOGY INNOVATIONS, LLC, 

Plaintiff, 

v. 

VALVE CORPORATION, GEARBOX 

SOFTWARE, L.L.C., 

Defendants. 

Civil Action No. 2:23-cv-00419-JRG 

JURY TRIAL DEMANDED 

DECLARATION OF JESSICA M. KAEMPF IN SUPPORT OF DEFENDANT 

GEARBOX SOFTWARE, L.L.C.’S MOTION TO DISMISS SECOND AMENDED 

COMPLAINT 

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I, Jessica M. Kaempf, declare as follows: 

1. I am an attorney admitted to practice before this Court and am an associate with the 

law firm of Fenwick & West LLP, counsel for Defendant Gearbox Software, L.L.C. (“Gearbox”). 

I make this declaration in support of Defendant Gearbox’s Motion to Dismiss Second Amended 

Complaint Under Rule 12(b)(6) For Failure to State a Claim. 

2. On November 21, 2023, Garteiser Honea, PLLC served Symbology’s infringement 

contentions pursuant to Patent Local Rule 3-1 on Gearbox (“Symbology’s Preliminary 

Infringement Contentions”). 

3. In the cover page for Symbology’s Preliminary Infringement Contentions, the 

section identifying the Accused Instrumentalities states in its entirety: “Valve products that utilize 

QR codes, including but not limited to the Valve Mobile App (Steam), as depicted in the exemplar 

charts shown for Gearbox Software.” (emphases added). Symbology’s Infringement Contentions 

assert that “upon information and belief” Gearbox infringes directly “at least during internal testing 

of the functionalities described herein,” but provide no additional facts in support of this allegation 

of direct infringement through the internal testing of Gearbox. 

4. Symbology’s Infringement Contentions also assert that Gearbox “performs and 

induces others to perform” the methods claimed in the asserted patents by inducing “its customers 

to sign in on Steam application (provided by Valve Corporation) in order to access and purchase 

[Gearbox’s] games.” Symbology’s Preliminary Infringement Contentions do not explain how 

Gearbox induces its customer to sign in on the Steam application in an allegedly infringing manner 

or otherwise provides additional facts in support of its allegation of induced infringement. 

Nowhere in Symbology’s Preliminary Infringement Contentions does Symbology allege that 

Gearbox has had knowledge of the QR code used by Valve’s customers to sign in to Valve’s Steam 

application, or that Gearbox has had knowledge of Symbology’s contention that such QR code is 

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allegedly infringing, or that that Symbology contends Gearbox induced customers to use that QR 

code. 

I declare under penalty of perjury under the laws of the United States that the foregoing is 

true and correct. Executed this 27th day of February, 2024. 

/s/ Jessica M. Kaempf 

Jessica M. Kaempf 

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CERTIFICATE OF SERVICE 

The undersigned hereby certifies that a true and correct copy of the above and foregoing 

document has been served to all counsel of record who are deemed to have consented to electronic 

service via the Court’s CM/ECF system. 

Dated: February 27, 2024 /s/ Jessica M. Kaempf 

 Jessica M. Kaempf 

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