Case 1:14-cv-22134-DMM Document 15-2 Entered on FLSD Docket 07/16/2014 Page 1 of 6
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`Exhibit B
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`Exhibit B
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`Case 1:14-cv-22134-DMM Document 15-2 Entered on FLSD Docket 07/16/2014 Page 2 of 6
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`MIAMI DIVISION
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`CASE NO. 14-22134-CIV-MIDDLEBROOKS
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`ROTHSCHILD DIGITAL MEDIA
`INNOVATIONS, LLC,
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`Plaintiff,
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`v.
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`SONY COMPUTER ENTERTAINMENT
`AMERICA LLC,
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`JURY TRIAL DEMANDED
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`Defendant.
`_____________________________________
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`DECLARATION OF JOHN KOLLER
`IN SUPPORT OF DEFENDANT'S MOTION TO TRANSFER VENUE
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`I, John Koller, hereby declare under penalty of perjury that, to the best of my
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`knowledge, the following statements are true and correct:
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`1.
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`I am employed as Vice President, Product Marketing, at Sony Computer
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`Entertainment America LLC ("SCEA"), which is headquartered in San Mateo,
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`California. I have been employed by SCEA since 1998. In this capacity, I have
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`personal knowledge of the facts set forth herein.
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`2.
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`I understand
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`that Plaintiff Rothschild Digital Media Innovations, LLC
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`("Rothschild"), has filed the above-captioned patent infringement lawsuit against
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`SCEA in the Southern District of Florida, asserting U.S. Patent No. 6,101,534,
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`entitled "Interactive, Remote, Computer Interface System."
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`1
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`Case 1:14-cv-22134-DMM Document 15-2 Entered on FLSD Docket 07/16/2014 Page 3 of 6
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`3.
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`I understand that Rothschild's patent suit against SCEA has accused a system that
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`allegedly includes the PlayStation Network, PlayStation consoles, and PlayStation
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`game discs (collectively the "Accused System"). I further understand that the
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`specific PlayStation consoles accused are the PlayStation 3, PlayStation 4,
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`PlayStation Vita, and PlayStation Portable.
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`4.
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`I earned a B.S. from Saint Mary's College of California in 1995, and an MBA
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`from Santa Clara University, located in Santa Clara, California, in 2005. I
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`currently reside in Dublin, California, and work as SCEA's offices in San Mateo,
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`California.
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`5.
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`In my work at SCEA, I have been responsible for the management of marketing
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`in the United States of several PlayStation hardware devices, including the
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`PlayStation 3, PlayStation 4, PlayStation Vita, and PlayStation Portable. In my
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`current role, I am tasked with all aspects of PlayStation hardware platforms,
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`including brand management, product features, strategic initiatives, licensing,
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`peripheral launches, and more. I have more than 19 years of consumer product
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`marketing experience, including 18 years directly in the video game industry.
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`6.
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`If this case advances to trial, I expect to testify live. Based on my understanding
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`of the issues in this litigation, my expectation is that my testimony will be related
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`to the marketing of the accused PlayStation consoles and PlayStation game discs.
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`My expectation is that I will provide testimony related to the marketing, if any, of
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`specific features of the accused PlayStation consoles and game discs that are
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`relevant to this litigation.
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`2
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`Case 1:14-cv-22134-DMM Document 15-2 Entered on FLSD Docket 07/16/2014 Page 4 of 6
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`7.
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`I am unaware of any employee of SCEA that would have a better understanding
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`of the marketing of the PlayStation consoles, or would be able to provide more
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`comprehensive testimony thereto.
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`8.
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`To the extent trial testimony from other members of my marketing team is
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`necessary, I note that my entire team works in SCEA's San Mateo offices.
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`Generally, other than SCEA’s various studios (located in California or on the
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`West Coast), SCEA’s entire business is based in San Mateo, California, and
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`therefore trial testimony from SCEA concerning any aspect of its business would
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`likely need to come from various witnesses that work in SCEA’s San Mateo
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`offices.
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`9. Additionally, SCEA is the exclusive party in the United States responsible for the
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`importation, distribution, and marketing of the PlayStation 3, PlayStation 4,
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`PlayStation Vita, and PlayStation Portable consoles, and any research, design, or
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`development of PlayStation products that occurs in the United States generally is
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`performed in San Mateo, California. To the extent testimony is needed
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`concerning these other areas, such as the operation of these game consoles, the
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`SCEA employees who could give such testimony would work out of SCEA's
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`headquarters in San Mateo, California.
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`10. Further, I understand that Rothschild has identified PlayStation game discs as part
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`of the Accused System. Many popular PlayStation games are developed by
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`SCEA in its studios in Santa Monica, California and San Diego, California.
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`There are other PlayStation games that are developed by SCEA in its studio in
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`Bend, Oregon. To the extent testimony is needed concerning the games
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`3
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`Case 1:14-cv-22134-DMM Document 15-2 Entered on FLSD Docket 07/16/2014 Page 5 of 6
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`developed by these studios, the SCEA employees who could give such testimony
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`would work in Santa Monica, California, San Diego, California, or Bend, Oregon,
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`or else would work in SCEA’s San Mateo, California headquarters. SCEA does
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`not have any game studio located in Florida, since all of its studios are located in
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`California or Oregon.
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`11. Many other popular PlayStation games are developed in California outside of
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`SCEA’s Santa Monica and San Diego studios. For example, the game
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`“Uncharted 3 – Drake’s Deception” (like other games in the popular Uncharted
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`franchise) was developed by Naughty Dog, Inc. in Santa Monica, California. To
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`the extent testimony is needed concerning development of the Uncharted games,
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`the Naughty Dog employees who could give such testimony would work in Santa
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`Monica, California.
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`12.
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`In addition, there are many other companies that have developed popular
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`PlayStation games, and a large number of such companies are based in California,
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`including Activision (based in Santa Monica, California), Electronic Arts (based
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`in Redwood Shores, California), Insomniac Games (based
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`in Burbank,
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`California), and many others.
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`13.
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`I understand that Rothschild has also identified the PlayStation Network as part of
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`the Accused System. The PlayStation Network is part of the Sony Entertainment
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`Network, which is operated by a third party, Sony Network Entertainment
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`International LLC (“SNEI”). SNEI is headquartered in California, and it has
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`several offices in California including San Mateo, California, Los Angeles,
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`California, and San Francisco, California.
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`4
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`Case 1:14-cv-22134-DMM Document 15-2 Entered on FLSD Docket 07/16/2014 Page 6 of 6
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