`Case 2:17-cv-04263-JVS-JCG Document 28 Filed 09/06/17 Page 1 of 3 Page ID #:291
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`Jacqueline K. S. Lee
`JONES DAY
`1755 Embarcadero Road
`Palo Alto, CA 94303
`Telephone: 650.739.3939
`Facsimile: 650.739.3900
`jkslee@jonesday.com
`
`Blaney Harper
`JONES DAY
`51 Louisiana Avenue, N.W.
`Washington, DC 20001-2113
`Telephone: 202.879.3939
`Facsimile: 202.626.1700
`bharper@jonesday.com
`Attorneys for Defendant Cree, Inc.
`UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`Document Security Systems, Inc.,
`Case No. 2:17-cv-04263-JVS-JCG
`DECLARATION OF JOHN A.
`Plaintiff,
`DEMOS IN SUPPORT OF
`DEFENDANT CREE, INC.’S
`MOTION TO TRANSFER
`VENUE PURSUANT TO 28
`U.S.C. § 1404(a)
`
`v.
`Cree, Inc.,
`
`Defendant.
`I, John A. Demos, declare as follows:
`I am currently Associate General Counsel for Intellectual Property
`1.
`for Cree, Inc. I have personal knowledge of the facts set forth in this declaration,
`and if called to do so, could and would testify completely thereto.
`Cree, Inc. (“Cree”) is a corporation organized under the laws of the
`2.
`state of North Carolina with a principal place of business in Durham, North
`Carolina.
`Cree currently has approximately 5,990 employees worldwide with
`3.
`approximately 3,500 located in the United States. Of those 3,500 U.S.
`employees, about 2,420 work in or around Durham, North Carolina.
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`Case 2:17-cv-04263-JVS-JCG Document 28 Filed 09/06/17 Page 2 of 3 Page ID #:292
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`Cree is headquartered in Durham, North Carolina and has other
`4.
`United States facilities in Research Triangle Park, North Carolina, Racine,
`Wisconsin and Goleta, California.
`A substantial amount of Cree’s manufacturing facilities are located
`5.
`in North Carolina. Certain of Cree’s manufacturing concerning packaging of
`components is located in China. Cree’s facilities in Racine, Wisconsin,
`manufactures lighting fixtures (not bulbs). Cree’s facility in Goleta, California
`(a.k.a. the Santa Barbara Technology Center or “SBTC”) engages in research
`and development. While certain technology developed at SBTC may be
`incorporated in certain Cree products, the SBTC facility is not responsible for
`the production, manufacture, sale, or marketing of any product.
`I have been made aware of the Cree products which are alleged in
`6.
`the Complaint to be infringing certain patents allegedly owned by Document
`Security Systems, Inc. (“DSS”). As I understand the DSS allegations, the
`accused products are: XLamp ML-B, ML-C. ML-E, MX-3S, XR-C, XR-E, MC-
`E, CLM1, CLM2, CLM3, CLM4, CLP6, SMD Full Color, SMD Full Color
`Side-View, XP-G2, XB-D, XB-H, XH-B, XH-G, XHP35, XM-L, XM-L2, XP-
`C, XP-E, XP-G, XP-L, XM-L2, XP-C, XP-E, XP-E2, XP-G, XP-G2, XP-G3,
`XP-L, XP-I2, XQ-A, XQ-B, XQ-D, XQ-E, XT-E, MHB-A, MHB-B, MHD-E,
`MHD-G, MK-R, MK-R2, MT-G, XHP, CLM, CLV, CLX, CLY, SLV.
`The corporate records concerning the structure, operation and
`7.
`manufacture of the above listed accused products, as well as the corporate
`records concerning the financial expenditures associated with the accused
`products and the revenues associated with the sale of these accused products are
`located in Durham North Carolina.
`8. While Cree has not completed its review of the matter, Cree has
`identified certain employees with knowledge of the records concerning the
`accused products. Charles Burnside has knowledge concerning Cree’s corporate
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`Case 2:17-cv-04263-JVS-JCG Document 28 Filed 09/06/17 Page 3 of 3 Page ID #:293
`Case
`:17-cv-04263-JVS—JCG Document 28 Filed 09/06/17 Page 3 of 3 Page ID #:293
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`records relating to the company’s general finances. Charles Lesko has
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`knowledge concerning Cree’s practices and records relating to Cree’s s ales of
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`the accused products. Craig Hardin has knowledge concerning Cree’s practices
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`and records relating to Cree’s marketing of the accused products. Chris Hussell,
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`Jesse Reiherzer, and Colin Blakely have knowledge concerning the engineering,
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`structure, operation and manufacturing of the accused products. All these
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`witnesses are located in North Carolina. To the extent Cree identifies cther
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`witnesses regarding the structure of the accused products, Cree expects such
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`witnesses to be located in North Carolina.
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`9.
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`Cree is not presently aware of any material evidence concerning the
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`production, manufacture, sale, or marketing of accused products located in the
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`SBTC facility.
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`10.
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`Cree has no facilities or place of business in Texas and is unaware
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`of any evidence within Texas that is in its possession, custody or contrcl relevant
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`to the claims of this matter.
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`I declare under penalty of perjury under the laws of the United Si ates that
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`the foregoing is true and correct.
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`Executed this 28th day of August, 2017.
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`NAl-1502961067v1
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