Case 2:17-cv-04273-JVS-JCG Document 33-1 Filed 10/23/17 Page 1 of 4 Page ID #:587
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`RUSS AUGUST & KABAT
`Brian Ledahl (CA SB No. 186579)
`Neil A. Rubin (CA SB No. 250761)
`Jacob Buczko (CA SB No. 269408)
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard 12th Floor
`Los Angeles, California 90025
`Telephone: 310-826-7474
`Facsimile: 310-826-6991
`E-mail: bledahl@raklaw.com
`E-mail: nrubin@raklaw.com
`E-mail: jbuczko@raklaw.com
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`Attorneys for Plaintiff
`Document Security Systems, Inc.
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`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
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`DOCUMENT SECURITY SYSTEMS,
`INC.,
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`Plaintiff,
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`v.
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`EVERLIGHT ELECTRONICS CO.,
`LTD., and EVERLIGHT AMERICAS,
`INC.,
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`
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`Defendants.
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`Case No. 2:17-cv-04273-JVS-JCG
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`DECLARATION OF JACOB
`BUCZKO IN SUPPORT OF
`DOCUMENT SECURITY
`SYSTEMS, INC.’S OPPOSITION
`TO EVERLIGHT ELECTRONICS
`CO., LTD. AND EVERLIGHT
`AMERICAS, INC.'S MOTION TO
`DISMISS PLAINTIFF'S FIRST
`AMENDED COMPLAINT
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`RUSS, AUGUST & KABAT
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`DECLARATION OF JACOB BUCZKO
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`Case 2:17-cv-04273-JVS-JCG Document 33-1 Filed 10/23/17 Page 2 of 4 Page ID #:588
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`I, Jacob Buczko, declare and state as follows:
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`1.
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`I am a member of the State Bar of California and a attorney at the firm
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`of Russ, August & Kabat, counsel for Plaintiff Document Security Systems, Inc.
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`(“DSS”) in the above captioned action. I have personal knowledge of the facts set
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`forth in this declaration, and if called upon to testify, could and would testify
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`competently about these facts.
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`2.
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`Attached as Exhibit 1 is a true and correct copy of an email from Ben
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`Davidson, counsel for Everlight, to counsel for DSS regarding a meet and confer
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`for the Complaint under Local Rule 7-3, dated August 31, 2017.
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`3.
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`Attached as Exhibit 2 is a true and correct copy of an email from
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`Michael Bednarek, counsel for Everlight, to counsel for DSS regarding a meet and
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`confer for the First Amended Complaint under Local Rule 7-3, dated September
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`29, 2017.
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`4.
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`Attached as Exhibit 3 is a true and correct copy of Civil Minutes in
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`Sockeye Licensing TX, LLC v. Lenovo (US), Inc., No. SACV 17-05266 JVS
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`(DFMx), D.E. 27 (C.D. Cal. October 11, 2017).
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`5.
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`Attached as Exhibit 4 is a true and correct copy of Civil Minutes in
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`Carl Zeiss AG v. Nikon Corp., No. SACV 17-03221 RGK (MRW), D.E. 46 (C.D.
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`Cal. September 27, 2017).
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`6.
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`Attached as Exhibit 5 is a true and correct copy of Everlight
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`Americas' Corporate Profile page from its website https://everlightamericas.com.
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`7.
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`Attached as Exhibit 6 is a true and correct copy of Everlight
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`Americas' News pages from its website https://everlightamericas.com.
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`8.
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`Attached as Exhibit 7 is a true and correct copy of Everlight
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`Americas' FAQ page from its website https://everlightamericas.com.
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`9.
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`Attached as Exhibit 8 is a true and correct copy of an order in
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`Everlight Electronics Co., Ltd. v. Bridgelux, Inc., No. SACV 17-03363 JSW, D.E.
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`62 (N.D. Cal. October 11, 2017).
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`DECLARATION OF JACOB BUCZKO
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`RUSS, AUGUST & KABAT
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`Case 2:17-cv-04273-JVS-JCG Document 33-1 Filed 10/23/17 Page 3 of 4 Page ID #:589
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`10. Attached as Exhibit 9 is a true and correct copy of Everlight
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`Americas' Datasheet regarding Luminosity Full Color LED EAPL32328RGBA0,
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`available
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`at
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`https://everlightamericas.com/index.php?controller=attachment&id_attachment=27
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`47.
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`11. Attached as Exhibit 10 is a true and correct copy of Everlight
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`Americas' North American Authorized Distributors page from its website
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`https://everlightamericas.com.
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`12.
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` On October 2, 2017, I met and conferred with counsel for defendants
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`concerning this planned motion. I was the only DSS attorney on the call. During
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`the meet and confer, I did not confirm, nor did counsel for Everlight send any
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`confirmation of the understanding “that DSS does not contend that each Defendant
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`takes every action attributed to ‘Defendants’ collectively” as Everlight states on
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`page 4 of its Motion. To the contrary, I confirmed with counsel for Everlight that
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`the allegations in the First Amended Complaint attributed to “Defendants” should
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`be construed according the plain reading of and definitions in the FAC.
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`Furthermore, I expressed concern that Everlight, after not bringing up any
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`purported issue with alleged “conflating” of entities in prior correspondence, was
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`basing its planned motion on positions that directly contradict the public record
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`and Everlight’s own public statements, thus posing an unnecessary and improper
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`burden on the Court and the parties.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed on October 23, 2017, at Los Angeles, California.
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`By: /s/ Jacob Buczko
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`Jacob Buczko
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`DECLARATION OF JACOB BUCZKO
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`RUSS, AUGUST & KABAT
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`Case 2:17-cv-04273-JVS-JCG Document 33-1 Filed 10/23/17 Page 4 of 4 Page ID #:590
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`CERTIFICATE OF SERVICE
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`I certify that on October 23, 2017, a true and correct copy of this document
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`was served in accordance with Federal Rules of Civil Procedure and L.R. CV-5 on
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`all known counsel of record by electronic service via the Court’s CM/EMF
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`system.
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`/s/ Jacob Buczko
`Jacob Buczko
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`DECLARATION OF JACOB BUCZKO
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