Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 1 of 24 PageID #:
` 4270
`
`
`E-WATCH, INC., ET AL.,
`
`Plaintiffs,
`
`
`
`v.
`
`IN THE UNITED STATES DISTRICT COURT(cid:850)(cid:850)
`FOR THE EASTERN DISTRICT OF TEXAS(cid:850)
`MARSHALL DIVISION
`
`§
`§
`§
`§ 2:13-cv-1061
`§ LEAD CASE
`§
`§
`§
`§
`
`DECLARATION OF DR. JOSE MELENDEZ IN SUPPORT OF PLAINTIFFS’
`OPPOSITION TO DEFENDANTS’ MOTION FOR PROTECTIVE ORDER
`
`
`
`
`
`
`
`
`
`
`
`APPLE, INC., ET AL.,
`
`
`Defendants.
`
`I, Jose Melendez, Ph.D., hereby declare and state the following:
`
`1.
`
`I have personal knowledge of the facts set forth in this declaration and, if called to
`
`testify as a witness, could and would competently do so under oath.
`
`2.
`
`3.
`
`A true and correct copy of my CV is attached as Exhibit A to this Declaration.
`
`I am an independent technical expert, and like most technical experts I have
`
`many clients for which I consult.
`
`4.
`
`I am also founder and CEO of Patent Calls, Inc., a for-profit, c-corporation
`
`formed for the purpose of providing a broader range of consulting services over more diverse
`
`technical fields to a broader range of clients than would be possible by one person acting
`
`alone.
`
`5.
`
`Since March of 2010, Patent Calls has employed more than a dozen different
`
`people in a variety of roles, including serving as independent experts in litigation.
`
`6.
`
`These employees have included various layers of management and staff,
`
`including a President, Vice President, and various directors, advisors and analysts.
`
`
`
`1
`
`(cid:36)(cid:83)(cid:83)(cid:79)(cid:72)(cid:3)(cid:44)(cid:81)(cid:70)(cid:17)
`Exh. 1024
`(cid:51)(cid:72)(cid:87)(cid:76)(cid:87)(cid:76)(cid:82)(cid:81)(cid:72)(cid:85)(cid:29)(cid:3)(cid:3)(cid:36)(cid:83)(cid:83)(cid:79)(cid:72)(cid:3)(cid:44)(cid:81)(cid:70)(cid:17)(cid:3)(cid:18)(cid:3)(cid:51)(cid:68)(cid:87)(cid:72)(cid:81)(cid:87)(cid:3)(cid:50)(cid:90)(cid:81)(cid:72)(cid:85)(cid:29)(cid:3)(cid:3)(cid:40)(cid:16)(cid:58)(cid:68)(cid:87)(cid:70)(cid:75)(cid:15)(cid:3)(cid:44)(cid:81)(cid:70)(cid:17)
`(cid:44)(cid:51)(cid:53)(cid:21)(cid:19)(cid:20)(cid:24)(cid:16)(cid:19)(cid:19)(cid:23)(cid:20)(cid:21)
`
`

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`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 2 of 24 PageID #:
` 4271
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`7.
`
`Patent Calls’ employees have also included individuals with expertise in
`
`technical domains different from my own.
`
`8.
`
`It has, and continues to be, common for Patent Calls employees other than
`
`myself to perform their own, independent technical analyses based on publicly available
`
`information for the purpose of providing consulting services to Patent Calls’ clients and/or
`
`their legal counsel.
`
`9.
`
`It has, and continues to be, common for Patent Calls employees other than
`
`myself to have direct contact with clients and/or their legal counsel, including for the purpose
`
`of communicating the results of independent technical analyses based on publicly available
`
`information.
`
`10. At all times, myself and other Patent Calls employees, have provided the
`
`benefit of our individual and collective expertise, which is then utilized by clients as they see
`
`fit.
`
`11.
`
`I and other Patent Calls employees provide non-legal advice on the
`
`functioning of various technologies and their relationship to patent claims.
`
`12.
`
`I and other Patent Calls employees provide business advice related to practical
`
`aspects concerning licensing agreements, for example, whether a certain licensing term is
`
`rare or common.
`
`13. Many of Patent Calls’ clients are technology companies.
`
`14.
`
`I have never made decisions on behalf of a client, and have never authorized
`
`anyone at Patent Calls to make decisions on a client’s behalf.
`
`15.
`
`It has never been the policy of Patent Calls to make decisions on behalf of any
`
`client. I am aware of no deviations of this policy.
`2
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`

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`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 3 of 24 PageID #:
` 4272
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`16.
`
`I am not aware that anyone at Patent Calls has ever made a decision on behalf
`
`of a client to assert a patent or a particular claim of a patent.
`
`17.
`
`18.
`
`19.
`
`20.
`
`21.
`
`22.
`
`Patent Calls owns no issued patents.
`
`Patent Calls has never owned an issued patent.
`
`Patent Calls has never asserted a patent.
`
`Patent Calls does not provide legal advice.
`
`I do not hold, and have never held, any ownership of Chinook Licensing LLC.
`
`I do not hold, and have never held, any position with, or been otherwise
`
`employed by Chinook Licensing LLC.
`
`23.
`
`I do not have, and have never had, any control direct or indirect over Chinook
`
`Licensing LLC.
`
`24.
`
`I do not make, and have never made, any decisions for Chinook Licensing
`
`LLC and have no such authority to make decisions.
`
`25.
`
`I do not hold, and have never held, any ownership of Steelhead Licensing
`
`LLC.
`
`26.
`
`I do not hold, and have never held, any position with, or been otherwise
`
`employed by Steelhead Licensing LLC.
`
`27.
`
`I do not have, and have never had, any control direct or indirect over Steelhead
`
`Licensing LLC.
`
`28.
`
`I do not make, and have never made, any decisions for Steelhead Licensing
`
`LLC and have no such authority to make decisions.
`
`29.
`
`I do not hold, and have never held, any ownership of Garnet Digital LLC.
`
`
`
`3
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`

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`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 4 of 24 PageID #:
` 4273
`
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`30.
`
`I do not hold, and have never held, any position with, or been otherwise
`
`employed by Garnet Digital LLC.
`
`31.
`
`I do not have, and have never had, any control direct or indirect over Garnet
`
`Digital LLC.
`
`32.
`
`I do not make, and have never made, any decisions for Garnet Digital LLC and
`
`have no such authority to make decisions.
`
`33.
`
`34.
`
`I do not hold, and have never held, any ownership of Canatelo LLC.
`
`I do not hold, and have never held, any position with, or been otherwise
`
`employed by Canatelo LLC.
`
`35.
`
`I do not have, and have never had, any control direct or indirect over Canatelo
`
`LLC.
`
`36.
`
`I do not make, and have never made, any decisions for Canatelo LLC and have
`
`no such authority to make decisions.
`
`37.
`
`38.
`
`I do not hold, and have never held, any ownership of SecureNova LLC.
`
`I do not hold, and have never held, any position with, or been otherwise
`
`employed by SecureNova LLC.
`
`39.
`
`I do not have, and have never had, any control direct or indirect over
`
`SecureNova LLC.
`
`40.
`
`I do not make, and have never made, any decisions for SecureNova LLC and
`
`have no such authority to make decisions.
`
`41. My sole relationship with Chinook Licensing LLC, Steelhead Licensing LLC
`
`Garnet Digital LLC, Canatelo LLC and SecureNova LLC is as an independent consultant
`
`through Patent Calls.
`
`
`
`4
`
`

`
`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 5 of 24 PageID #:
` 4274
`
`
`42.
`
`FTE Exchange LLC was formed by my spouse, Dr. Beatriz Lopez, during our
`
`marriage. Both Dr. Lopez and I reside in Texas. Pursuant to a Property Control Agreement
`
`executed between Dr. Lopez and myself, FTE Exchange LLC is specifically excluded from
`
`the marital estate.
`
`43.
`
`44.
`
`I do not hold, and have never held, any ownership of FTE Exchange LLC.
`
`I do not hold, and have never held, any position with, or been otherwise
`
`employed by FTE Exchange LLC.
`
`45.
`
`I do not have, and have never had, any control direct or indirect over FTE
`
`Exchange LLC.
`
`46.
`
`I do not make, and have never made, any decisions for FTE Exchange LLC
`
`and have no such authority to make decisions.
`
`47.
`
`Tierra Intelectual Borinquen, Inc. was formed by my spouse, Dr. Beatriz
`
`Lopez, during our marriage. Pursuant to a Property Control Agreement executed between
`
`Dr. Lopez and myself, Tierra Intelectual Borinquen, Inc. is specifically excluded from the
`
`marital estate.
`
`48.
`
`I do not hold, and have never held, any ownership of Tierra Intelectual
`
`Borinquen, Inc.
`
`49.
`
`I do not hold, and have never held, any position with, or been otherwise
`
`employed by Tierra Intelectual Borinquen, Inc.
`
`50.
`
`I do not have, and have never had, any control direct or indirect over Tierra
`
`Intelectual Borinquen, Inc.
`
`51.
`
`I do not make, and have never made, any decisions for Tierra Intelectual
`
`Borinquen, Inc. and have no such authority to make decisions.
`5
`
`
`
`

`
`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 6 of 24 PageID #:
` 4275
`
`
`52.
`
`I and other Patent Calls employees serve as an independent consultant to FTE
`
`Exchange LLC and Tierra Intelectual Borinquen, Inc.
`
`53. Other than serving as an independent consultant, my only relation to FTE
`
`Exchange LLC and Tierra Intelectual Borinquen, Inc. is that my wife, Dr. Beatriz Lopez,
`
`owns FTE Exchange LLC and Tierra Intelectual Borinquen, Inc.
`
`54.
`
`I do not attend management meetings or perform any management functions at
`
`Chinook Licensing LLC, Steelhead Licensing LLC, Garnet Digital LLC, Canatelo LLC and
`
`SecureNova LLC, FTE Exchange LLC or Tierra Intelectual Borinquen, Inc.
`
`55.
`
`Chinook Licensing LLC, Steelhead Licensing LLC, Garnet Digital LLC,
`
`Canatelo LLC and SecureNova LLC, FTE Exchange LLC or Tierra Intelectual Borinquen,
`
`Inc. all have management and/or staff that do not include me or any other employee of Patent
`
`Calls.
`
`56. Neither I nor Patent Calls provide any services to FTE Exchange LLC or
`
`Tierra Intelectual Borinquen, Inc. that are materially different from the types of services
`
`provided to our other clients.
`
`57. Dr. Beatriz Lopez holds a B.S. Biology and Masters and Doctorate degrees in
`
`Education.
`
`58. Dr. Beatriz Lopez is a public school science teacher.
`
`59. Dr. Beatriz Lopez also owns educational consulting and real estate businesses.
`
`60. A true and correct copy of my and Dr. Lopez’s Property Control Agreement
`
`excluding FTE Exchange LLC and Tierra Intelectual Borinquen, Inc. is attached hereto as
`
`Exhibit B to this Declaration.
`
`
`
`6
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`

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`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 7 of 24 PageID #:
` 4276
`
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`61.
`
`I am aware that FTE Exchange LLC has engaged in numerous patent
`
`assignments.
`
`62.
`
`I am aware that in only one instance Patent Calls was listed as a notice
`
`recipient in and FTE Exchange LLC assignment contract.
`
`63.
`
` A true and correct copy of my signed agreement to abide by the terms of the
`
`protective order in this case is attached as Exhibit C to this Declaration.
`
` I
`
` declare under penalty of perjury that the foregoing is true and correct.
`
`
`
`Dated:
`
`
`
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`
`
`__________________
`
`Jose Melendez, Ph.D.
`
`7
`
`January 8, 2015
`
`

`
`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 8 of 24 PageID #:
` 4277
`
`Exhibit A
`
`

`
`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 9 of 24 PageID #:
` 4278
`
`DR. JOSE LUIS MELENDEZ
`203 Malabar
`Lakeway, Texas 78734
`Phone: 512-394-8897
`E-Mail: jose@drmelendez.com
`
`
`BIOGRAPHICAL DATA
`
`October 22, 1968
`Birthdate:
`Birthplace: Fort Dix, United States Army Installation, New Jersey
`Citizenship: United States of America
`Personal: Married with Children
`
`
`
`
`
`
`EDUCATION
`
`• Doctor of Philosophy
`in Electrical Engineering
`(January 6, 1994) with a Grade Point Average of 4.0/4.0.
`• Master of Science
`the
`in Electrical Engineering and Computer Science from
`Massachusetts Institute of Technology (February 20, 1991) with a Grade Point Average
`of 4.8/5.0.
`• Bachelor of Science in Electrical Engineering from the Massachusetts Institute of
`Technology (June 4, 1990) with a Grade Point Average of 5.0/5.0.
`
`from Stanford University
`
`
`PROFESSIONAL CONSULTING AND INTERESTS (Alphabetical Order)
`
`• Data Visualization
`• Document Management and Control
`• E-Commerce
`•
`Imaging Devices and Systems
`•
`Integrated Photonic Circuits
`•
`Internet
`• Mobile Cellular Systems and Devices
`• Mobile Computing
`• Micro-Electro Mechanical Systems (MEMS)
`• Local Area Networks (e.g. WiFi)
`
`1
`
`
`
`

`
`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 10 of 24 PageID #:
` 4279
`
`• Nanotechnology
`• Network Security
`• Optical Systems in Consumer Electronics
`• Personal Area Networks (e.g. Bluetooth)
`• Public Safety Communications Systems
`• Radio Frequency Collision Avoidance
`• Remote Systems Management
`• Semiconductor Devices and Manufacturing
`• Solid State Lighting Systems
`• Spectroscopic Analysis and Measurement
`• Voice Over Internet Systems
`• Wireless Systems and Standards
`WORK EXPERIENCE
`
`Industrial and Research:
`
`2013-Present: Patentiquity, Inc. (Patent Analytics)
`2010-Present: Chief Executive Officer, Patent Calls, Inc.
`2002-Present: Professional Consulting (Technology)
`2009-2013: President and Chief Scientist, Spectral MD, Inc. (Medical Devices)
`2007-2011: Board Director, Sand 9, Inc. (Nanotechnology)
`2002-2007: Co-Founder and Executive, Commoca Inc., (converged communications devices,
`networks, and services).
`2001-2002: General Manager, Wireless Infrastructure, Texas Instruments, Inc. (wireless
`infrastructure systems, devices and software)
`1999-2001: General Manager, Optical Products, High Performance Analog, Texas Instruments,
`Inc. (wireless communications, sensors, storage, and micro-electromechanical
`systems)
`1997-1999: Director/Department Manager, Microcomponents Technology Center, Texas
`Instruments, Inc. (semiconductor devices, sensors and manufacturing).
`
`1988-1996: Branch Manager / Member Technical Staff / Intern, Sensor and Infrared
`Laboratory, Central Research Laboratory, Texas Instruments, Inc. (imaging
`sensors, devices, process development).
`Intern – Data Center, Honeywell Electro-Optics Division, Massachusetts.
`
`1987:
`
`
`2
`
`
`
`

`
`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 11 of 24 PageID #:
` 4280
`
`Academic:
`
`1997-2000: Affiliate Professor, Department of Electrical Engineering and Computer Science,
`University of Washington.
`PATENTS ISSUED – NAMED INVENTOR
`
`US 8,838,211 Multi-wavelength diagnostic imager
`
`US 8,606,344 Integrated Patient Bed System
`
`US 7,203,425 Optical wireless link
`
`US 7,035,546 Optical wireless multiport hub
`
`US 6,813,446 System for acquiring and maintaining reliable optical wireless links
`
`US 6,752,962 Miniaturized integrated sensor platform
`
`US 6,714,336 Packaged micromirror assembly with in-package mirror position feedback
`
`US 6,692,697 Versatile flow cell front-end for optically-based integrated sensors
`
`US 6,690,888 Method for establishing and maintaining optical, open-air communications link
`
`US 6,657,832 Mechanically assisted restoring force support for micromachined membranes
`
`US 6,635,919 High Q large tuning range Micro-Electro Mechanical System (MEMS) varactor
`for broadband applications
`
`US 6,525,396 Selection of materials and dimensions for a micro-electromechanical switch for
`use in the RF regime
`
`US 6,415,235 Fixed optic sensor system and distributed sensor network
`
`US 6,376,787 Microelectromechanical switch with fixed metal electrode/dielectric interface with
`a protective cap layer
`
`US 6,374,845 System and method for sensing and controlling beverage quality
`
`US 6,326,612 System and method for optical sensing utilizing portable, detachable sensor
`cartridge
`
`
`
`3
`
`

`
`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 12 of 24 PageID #:
` 4281
`
`US 6,326,210 Method of making and connecting a miniaturized integrated sensor
`
`US 6,191,847 Fixed optic sensor system and distributed sensor network
`
`US 6,183,696 Optically based miniaturized sensor with integrated fluidics
`
`US 6,111,652 High throughput surface plasmon resonance analysis system
`
`US 6,111,248 Self-contained optical sensor system
`
`US 6,097,479 Critical angle sensor
`
`US 6,045,756 Miniaturized integrated sensor platform
`
`US 6,024,923 Integrated fluorescence-based biochemical sensor
`
`US 5,946,083 Fixed optic sensor system and distributed sensor network
`
`US 5,922,285 Integrated fluorescence-based biochemical sensor
`
`US 5,912,456 Integrally formed surface plasmon resonance sensor
`
`US 5,898,503 Surface plasmon resonance sensor with interchangeable optical element
`
`PUBLISHED PATENT APPLICATIONS – NAMED INVENTOR
`
`US 2009/0275808 Integrated patient bed system
`
`US 2009/0275841 Multi-wavelength diagnostic imager
`
`PUBLICATIONS – Named Author
`
`“Deep-tissue optical imaging of decubitus ulcers”, (contributor) Proc. SPIE 7890, 78900P,
`January 2011.
` “Deep Tissue Dynamic Monitoring of Decubitus Ulcers: Wound Care and Assessment”,
`(contributor), IEEE Engineering in Medicine and Biology Magazine, March-April 2010.
`“Detection of Staphlococcus Aureus Enterotoxin B at Femtomolar Levels with a Miniature
`Integrated Two-Channel Surface Plasmon Resonance (SPR) Sensor”, (contributor) Biosensors
`and Bioelectronics 17, 2002.
`“Integrated Analytical Sensors: The Use of the TISPR-1 as a Biosensor”, (contributor) Sensors
`and Actuators-B, 1999.
`“Integrated Fault Detection Capability for Spreeta Biosensors”, (contributor), International
`Society for Optical Engineering, 1999.
`
`
`
`4
`
`

`
`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 13 of 24 PageID #:
` 4282
`
`“Construction of Surface Plasmon Resonance Biosensors using a Gold-Binding Polypeptide and
`a Miniature Integrated Sensor”, (contributor), Biosensors and Bioelectrics 13, 1998.
`“Detection of Polynitroaromatic Compound Using a Novel Polymer-Based Multiplate Sensor”,
`(contributor), The International Society for Optical Engineering, 1998.
`“Development of a Surface Plasmon Resonance Senor for Commercial Applications”,
`(contributor), Sensors and Actuators-B, 1997.
`“Fundamental System for Biosensor Characterization: Application to Surface Plsmon Resonance
`(SPR)”, (contributor), The International Society for Optical Engineering, 1996.
`“A Commercial Solution for Surface Plasmon Sensing”, (contributor), Sensors and Actuators-B,
`1996.
`“Compositional Dependence of Cation impurity Gettering in Hg1-xCdxTe”, (contributor),
`Journal of Electronic Materials, Volume 24, Issue 9, 1995.
`“Process Simulation for HgCdTe Infrared Focal Plane Array Flexible Manufacturing”,
`(contributor), Journal of Electronic Materials, Volume 24, Issue 9, 1995.
`“Part II: Self-Diffusing, Interdiffusion, and fundamental Mechanisms of Point-Defect
`Interactions in Hg1-xCdxTe”, (contributor), Journal of Electronic Materials, Volume 24, Issue 5,
`1995.
`“Part I: Status of Stanford University Mercury Cadmiumtelluride Process Simulator”,
`(contributor), Journal of Electronic Materials, Volume 24, Issue 5, 1995.
`“Cation Impurity Interaction in Hg1-xCdxTe”, (contributor), The International Society for
`Optical Engineering, 1994.
`“Wet Chemical Cleaning and Surface Analysis of ZnSe”, (contributor), Journal of the
`Electrochemical Society, Vol. 141, No. 7, 1994.
`“Process Models and Simulation for Mercury Cadmium Telluride”, (author), Stanford
`University, 1994.
`“Process Modeling of Point Defect Effects in Hg1-xCdxTe”, (contributor), Journal of Electronic
`Materials, Volume 22, Issue 8, 1993.
`“The Roll of the Insulator in Determining 1/f Noise in Hg1-xCdxTe Integrating MIS Devices”,
`(contributor), Journal of Electronic Materials, Volume 22, Issue 8, 1993.
`
`PROFESSIONAL AND HONORARY SOCIETY MEMBERSHIPS
`
`Professional Societies:
`
`• Austin Intellectual Property Law Association, 2010-Present
`• Member, IEEE Engineering in Medicine and Biology Society, 2008-2009
`• Chairman, Texas Instruments Hispanic Employees Initiative Forum, 2001-2002
`
`
`
`5
`
`

`
`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 14 of 24 PageID #:
` 4283
`
`• Member, Society of Photo-Optical Instrumentation Engineers (former)
`• Society of Hispanic Professional Engineers (former)
`
`
`
`
`OTHER HONORS
`
`• Moderator, Intellectual Property Panel, Hispanic National Bar Association National
`Conference, Dallas, Texas, 2011
`• Moderator, Non Practicing Entity Panel, TechNet IP Forum, New York, New York, 2010
`•
`Invited Speaker: “Increasing Developing Countries’ Local and International Investments
`in Innovative Technologies”, Association of University Technology Managers, San Juan,
`Puerto Rico, June 2009
`• Wireless Design and Development Technology Award – 100Mbps Wireless Reference
`Design
`• HISPANIC BUSINESS® Magazine: Youngest person named to Hispanic Corporate Elite
`featuring Hispanic executives from Fortune 500 companies
`• Electronics Design Magazine – 1999 New Product of Year - Spreeta®
`• Popular Science® Cover Story – June 1998 – TI Sensors
`• Luminary Panelist - Electronic Design Automation’s Executive Business Forum 2000
`• Forbes, May 28, 2001, p. 89, “...Jose Meléndez...helping TI move up to the next
`generation.”
`• USA Today, February 16, 1998, Cover of Business Section, “Hot Tech …”
`• Hispanic Engineering National Achievement Award for Most Promising Scientist of
`1997
`• National Science Foundation Fellow
`• Stanford Center for Integrated Systems Fellow
`
`COMMITTEE MEMBERSHIPS
`
`Civic Activities:
`
`• School Board Trustee, Texas CAN! Academy, 2009-2012
`• Board Member, Puerto Rico Research and Commercialization Alliance, 2004-2005
`
`
`
`6
`
`

`
`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 15 of 24 PageID #:
` 4284
`
`Exhibit B
`
`

`
`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 16 of 24 PageID #:
` 4285
`
`COMMUNITY PROPERTY CONTROL AGREEMENT
`
`THIS COMMUNITY PROPERTY CO TROL AGREEME T (this "Agreement") is
`effective as of September 1, 2012 (the "Effective Date"), by and between Dr. Jose Melendez
`(''Jose") and Dr. Beatriz Lopez ("Beatriz").
`
`Recitals:
`
`Jose and Beatriz are married and reside in the State of Texas. As contemplated by the
`Texas Family Code Sec. 3.102, the parties deem it in their best interests to make clear which
`spouse has the authority to manage, control and dispose of certain securities held by them.
`
`The parties, by entering into this Agreement, are not attempting to prejudice the rights of
`preexisting creditors. The parties do not intend by this Agreement to make a gift from one party
`to the other party.
`
`NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
`promises set forth in this Agreement, the parties to this Agreement agree as follows:
`
`Section 1. Management, Control and Disposition by Jose. During the marriage, the
`parties agree that Jose has sole management, control and disposition of the all securities of, and
`other rights and interests in, the companies and entities listed on Exhibit A hereto to the extent
`such securities, rights and interests are community property of the marital estate or the separate
`property of Jose pursuant to the Texas Family Code Sec. 3.101 and/or Sec. 3.102. The foregoing
`is agreed upon regardless of whether such securities, rights or interests (or any other property the
`increase or mutation of which, or revenue from which, such securities, rights or interests resulted
`or derived) were at any time (before, on or after the Effective Date) mixed or combined with
`other community property.
`
`Section 2. Management, Control and Disposition bv Beatriz. During the marriage,
`the parties agree that Beatriz has sole management, control and disposition of the all securities
`of, and other rights and interests in, the companies and entities listed on Exhibit B hereto to the
`extent such securities, rights and interests are community property of the marital estate or the
`separate property of Beatriz pursuant to the Texas Family Code Sec. 3.101 and/or Sec. 3.102.
`The foregoing is agreed upon regardless of whether such securities, rights or interests (or any
`other property the increase or mutation of which, or revenue from which, such securities, rights
`or interests resulted or derived) were at any time (before, on or after the Effective Date) mixed or
`combined with other community property.
`
`Section 3. MISCELLANEOUS ITEMS.
`
`Termination. This Agreement shall terminate on the earlier of (a) the
`3.1
`wTitten agreement of Jose and Beatriz; (b) the death of either Jose or Beatriz; or (c) the
`termination of their marriage for any reason.
`
`Amendment and Waiver. This Agreement may be amended, and the
`3.2
`observance of or compliance with any provision of this Agreement by any party to this
`Agreement may be waived, only by the written agreement of each party.
`
`Signature Page to Community Property Control Agreement
`
`,(iJ!tl
`r;i..
`
`

`
`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 17 of 24 PageID #:
` 4286
`
`Successors and Assigns. Except as otherwise provided
`3.3
`this
`in
`Agreement, the provisions of this Agreement shall inure to the benefit of and be binding upon
`the respective successors and permitted assigns of the parties to this Agreement.
`
`Third Parties. Nothing in this Agreement, express or implied, is intended
`3.4
`to confer upon any person, other than the parties to this Agreement and their respective
`successors and assigns, any rights, remedies, obligations, or liabilities under or by reason of this
`Agreement except as expressly provided in this Agreement.
`
`Draftsperson; Legal Representation. No provision of this Agreement
`3.5
`may be interpreted for or against any party because the party or his or her legal representative
`drafted the provision. Each party has had the opportunity to review this Agreement with his or
`her individual attorney.
`
`Governing Law. This Agreement shall be governed by and construed
`3.6
`exclusively in accordance with the internal laws of the State of Texas as applied to agreements
`among Texas residents entered into and to be performed entirely within Texas, excluding that
`body of law relating to conflict of laws.
`
`Counterparts. This Agreement may be executed
`3.7
`in one or more
`counterparts, each of which shall be deemed to be an original, but all of which shall be one and
`the same document.
`
`Headings. The headings of this Agreement are for convenience only and
`3.8
`do not constitute a part of this Agreement. All references in this Agreement to sections,
`paragraphs, exhibits, and schedules shall, unless otherwise provided, refer to sections and
`paragraphs of this Agreement and exhibits and schedules attached to this Agreement, all of
`which exhibits and schedules are incorporated in this Agreement by this reference.
`
`Severability. The invalidity or unenforceability of any provision of this
`3.9
`Agreement shall not affect the validity or enforceability of any other provision of this
`Agreement.
`
`[Signature Pages Follow]
`
`2
`
`

`
`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 18 of 24 PageID #:
` 4287
`
`IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement
`as of the date first written above.
`
`Dr.B~£te-
`
`Signature Page to Community Property Control Agreement
`
`

`
`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 19 of 24 PageID #:
` 4288
`
`Companies under the sole management, control and disposition of Jose
`
`Exhibit A
`
`DRMLS LLC
`
`Patent Calls, Inc.
`
`

`
`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 20 of 24 PageID #:
` 4289
`
`Exhibit B
`
`Companies under the sole management, control and disposition of Beatriz
`
`Aguada Advisors, LLC
`
`BLo Ventures, LLC
`
`Charge Lion, LLC
`
`FTE Exchange LLC
`
`Ostras Conversion Partners, LLC
`
`Telinit Technologies, LLC
`
`Tierra Intelectual Borinquen, Inc.
`
`

`
`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 21 of 24 PageID #:
` 4290
`
`Exhibit C
`
`

`
`Case 2:13-cv-01061-JRG-RSP Document 133 Filed 05/20/14 Page 23 of 24 PageID #: 768Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 22 of 24 PageID #:
`
` 4291
`
`  
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
` Case No. 2:13-CV-1061 (LEAD CASE)
`
`
`
`E-WATCH, INC. ET AL.,
`
`Plaintiffs,
`
`
`
` v.
`
`
`APPLE, INC., ET AL.
`
`Defendants.
`
`
`
`
`APPENDIX A
`UNDERTAKING OF EXPERTS OR CONSULTANTS REGARDING
`PROTECTIVE ORDER
`
`I, ____________________________________________, declare that:
`
`1.
`
`My address is ___________________________________________________________.
`
`My current employer is _________________________________________________________.
`
`My current occupation is ________________________________________________________.
`
`2.
`
`3.
`
`I have received a copy of the Protective Order in this action. I have carefully read and
`
`understand the provisions of the Protective Order.
`
`I will comply with all of the provisions of the Protective Order. I will hold in confidence,
`
`will not disclose to anyone not qualified under the Protective Order, and will use only for
`
`purposes of
`
`this action any
`
`information designated as “CONFIDENTIAL,”
`
`“RESTRICTED – ATTORNEYS’ EYES ONLY,” “RESTRICTED CONFIDENTIAL
`
`SOURCE CODE,” or “RESTRICTED-ITARS” that is disclosed to me
`
`4.
`
`Promptly upon termination of this action, I will return all documents and things
`
`  
`
`23
`  
`
`Dr. Jose Melendez
`
`203 Malabar St., Lakeway, TX 78734
`
`Patent Calls, Inc.
`
`CEO
`
`

`
`Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 23 of 24 PageID #:
` 4292
`
`
`
`ATTACHMENT 1
`
`

`
`Case 2:13-cv-01061-JRG-RSP Document 133 Filed 05/20/14 Page 24 of 24 PageID #: 769Case 2:13-cv-01061-JRG-RSP Document 256-1 Filed 01/08/15 Page 24 of 24 PageID #:
`
` 4293
`
`  
`
`designated as “CONFIDENTIAL,” “RESTRICTED – ATTORNEYS’ EYES ONLY,”
`
`“RESTRICTED CONFIDENTIAL SOURCE CODE,” or “RESTRICTED-ITARS” that
`
`came into my possession, and all documents and things that I have prepared relating
`
`thereto, to the outside counsel for the party by whom I am employed.
`
`5.
`
`I hereby submit to the jurisdiction of this Court for the purpose of enforcement of the
`
`Protective Order in this action.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Signature ________________________________________
`
`Date ____________________________________________
`
`  
`
`24
`  
`
`November 24, 2014