`Case 4:18-cv-06185-HSG Document 48-1 Filed 03/15/19 Page 1 of 2
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`DECLARATION OF MALCOLM K. BEYER, JR.
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`1, Malcolm K. Beyer, Jr., do hereby declare as follows:
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`1.
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`I submit this declaration based on my personal knowledge and in support of
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`Defendant AGIS Software Development LLC’s (“AGIS Software” or “Defendant”) Motion for
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`Sanctions against counsel for ZTE (USA) (“ZTE”).
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`2.
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`3.
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`I am the Chief Executive Officer of Defendant AGIS Software.
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`I am also the first-named inventor on US. Patent Nos. 8,213,970 (the “’970 Patent”);
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`9,408,055 (the “’055 Patent”); 9,445,251 (the “’251 Patent”); 9,467,838 (the “’838 Patent”); and
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`9,749,829 (the “’829 Patent”) (collectively, the “Patents-in—Suit”) issued by the US. Patent and
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`Trademark Office.
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`4.
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`I live in Jupiter, Florida with my wife Margaret Beyer. We have lived in Jupiter,
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`Florida, for over three decades.
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`5.
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`6.
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`In 2004, I founded Advanced Ground Information Systems, Inc. (“AGIS, Inc.”).
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`In 2013, AGIS, Inc. began a corporate restructuring plan for business growth
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`purposes. By 2017, AGIS, Inc.’s board of directors approved the restructuring plan which resulted
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`in the formation of a parent corporation, AGIS Holdings, Inc. (“AGIS Holdings”). AGIS Holdings
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`consists of two subsidiaries, AGIS, Inc. and AGIS Software Development, LLC (“AGIS Software”).
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`7.
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`AGIS Software is the sole and exclusive owner of all right, title and interest in and to
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`each of the Patents-in—Suit.
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`8.
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`9.
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`AGIS Software is a limited liability company organized under Texas law.
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`AGIS Software maintains an office and its principal place of business at 100 W.
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`Houston Street, Marshall, Texas 75670.
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`10.
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`11.
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`12.
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`AGIS Software is not registered to do business in California.
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`AGIS Software does not have a registered agent for service of process in California.
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`AGIS Software does not have offices, employees, equipment, bank accounts or other
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`assets in California.
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`13.
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`14.
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`AGIS Software is not subject to and has never paid taxes in California.
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`AGIS Software does not manufacture products in California.
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`1
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`DECLARATION OF MALCOLM K. BEYER, JR., CASE NO. 18-cv-06185
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`Case 4:18-cv-06185-HSG Document 48-1 Filed 03/15/19 Page 2 of 2
`Case 4:18-cv-06185—HSG Document 48-1 Filed 03/15/19 Page 2 of 2
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`15.
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`16.
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`17.
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`18.
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`19.
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`20.
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`A018 Software has never made any sales in California.
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`A018 Software does not solicit or engage in business in California.
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`AGIS Software has not signed any contracts in California.
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`AGlS Software does not recruit employees in California.
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`A018 Software does not own. lease or rent any property in California.
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`AGIS Software did not retain counsel located in California in connection with
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`IQ
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`enforcement actions involving the Patents-in-Suit.
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`21.
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`AGIS Software has never filed a lawsuit in California. With the exception of the
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`instant action. AGlS Software has never been sued in California.
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`22.
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`A018 Software‘s efforts to enforce its rights in the l’atents-in-Suit consist only of
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`litigating patent infringement lawsuits filed in the Eastern District of Texas.
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`I declare under penalty of perjury that the foregoing is true and correct. Executed this/4% day
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`of February__. 2019.
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`Malcolm K. Beyer. . r.
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`_ DECLARATION or MALCOLM K. BEYER. m. CASE NO. Ichv-omss
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