Case 6:21-cv-00616-ADA Document 26 Filed 09/29/21 Page 1 of 21
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`SCRAMOGE TECHNOLOGY LTD.,
`
`v.
`
`GOOGLE LLC,
`
`Plaintiff,
`
`Case No. 6:21-cv-00616-ADA
`
`JURY TRIAL DEMANDED
`
`Defendant.
`
`REDACTED DOCUMENT
`
`GOOGLE LLC’S OPPOSED MOTION TO TRANSFER VENUE TO THE
`NORTHERN DISTRICT OF CALIFORNIA UNDER 28 U.S.C. § 1404(a)
`
`Petitioner Samsung and Google Ex-1020, 0001
`
`

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`Case 6:21-cv-00616-ADA Document 26 Filed 09/29/21 Page 2 of 21
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`
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`TABLE OF CONTENTS
`
`INTRODUCTION ................................................................................................................... 1
`I.
`II. BACKGROUND ..................................................................................................................... 2
`A. Relevant Third-Party Witnesses And Evidence Are in The N.D. Cal ............................. 2
`B. All of Google’s Relevant Evidence and Witnesses Are In The N.D. Cal. ...................... 3
`C. Plaintiff’s Evidence And Witnesses Are Not In The W.D. Tex. ..................................... 4
`III. ARGUMENT .......................................................................................................................... 4
`A. Plaintiff Could Have Brought This Action In The N.D. Cal. .......................................... 5
`B. All Private Interest Factors Are Neutral Or Favor Transfer To The N.D. Cal. ............... 5
`1. Availability Of Compulsory Process Favors Transfer To The N.D. Cal. ......................6
`2. Cost of Attendance For Willing Witnesses Heavily Favors Transfer To The
`N.D. Cal. ........................................................................................................................7
`3. Relative Ease Of Access To Sources Of Proof Favors Transfer To The N.D.
`Cal. ...............................................................................................................................10
`4. There Are No Practical Problems With Transferring This Case .................................11
`C. The Public Interest Factors Also Favor Transfer ........................................................... 12
`1. The N.D. Cal. Has A Strong Local Interest In This Dispute, While W.D. Tex.
`Has None ......................................................................................................................12
`2. The Remaining Public Interest Factors Are Neutral ....................................................13
`IV. CONCLUSION ..................................................................................................................... 15
`
`
`
`
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`
`
`-i-
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`Petitioner Samsung and Google Ex-1020, 0002
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`

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`Case 6:21-cv-00616-ADA Document 26 Filed 09/29/21 Page 3 of 21
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`
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`TABLE OF AUTHORITIES
`
`
`
`10Tales, Inc. v. TikTok Inc.,
`No. 6:20-CV-00810-ADA, 2021 WL 2043978 (W.D. Tex. May 21, 2021) ................... passim
`
`Adaptix, Inc. v. HTC Corp.,
`937 F. Supp. 2d 867 (E.D. Tex. March 28, 2013) .....................................................................6
`
`In re Adobe Inc.,
`823 F. App’x 929 (Fed. Cir. 2020) ......................................................................................9, 14
`
`Aguilar-Ayala v. Ruiz,
`973 F.2d 411 (5th Cir. 1992) .....................................................................................................6
`
`In re Apple Inc.,
`979 F.3d 1332 (Fed. Cir. 2020)..........................................................................................10, 12
`
`In re Apple, Inc.,
`581 F. App’x 886 (Fed. Cir. 2014) ............................................................................................7
`
`Bluebonnet Internet Media Servs., LLC v. Pandora Media, LLC,
`No. 6-20-CV-00731-ADA, 2021 WL 3134262 (W.D. Tex. July 22, 2021) ............................13
`
`Correct Transmission LLC v. ADTRAN, Inc.,
`No. 6:20-CV-00669-ADA, 2021 WL 1967985 (W.D. Tex. May 17, 2021) ...........................10
`
`In re Cray Inc.,
`871 F.3d 1355 (Fed. Cir. 2017)..................................................................................................5
`
`Fintiv, Inc. v. Apple, Inc.,
`No. 6:18-CV-00372-ADA, 2019 WL 4743678 (W.D. Tex. Sept. 10, 2019) ............................6
`
`In re Genentech, Inc.,
`566 F.3d 1338 (Fed. Cir. 2009)........................................................................................ passim
`
`Harland Clarke Holdings Corp. v. Milken,
`997 F. Supp. 2d 561 (W.D. Tex. 2014) ....................................................................................15
`
`In re Hoffmann-La Roche Inc.,
`587 F.3d 1333 (Fed. Cir. 2008)................................................................................................12
`
`In re HP Inc.,
`826 F. App’x 899 (2020) .........................................................................................................11
`
`Koss Corp. v. Apple, Inc.,
`6:20-cv-00665-ADA, Order, ECF No. 76 (W.D. Tex. April 22, 2021) ..................................14
`
`-ii-
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`Petitioner Samsung and Google Ex-1020, 0003
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`

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`Case 6:21-cv-00616-ADA Document 26 Filed 09/29/21 Page 4 of 21
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`
`
`Moskowitz Family LLC v. Globus Med.,
`No. 6:19-cv-00672, 2020 WL 4577710 (W.D. Tex. July 2, 2020) ....................................10, 11
`
`In re Nintendo Co.,
`589 F.3d 1194 (Fed. Cir. 2009)........................................................................................2, 5, 13
`
`Parus Holdings Inc. v. LG Elecs. Inc.,
`No. 6:19-CV-00432-ADA, 2020 WL 4905809 (W.D. Tex. Aug. 20, 2020) .......................9, 14
`
`Piper Aircraft Co. v. Reyno,
`454 U.S. 235 (1981) ...................................................................................................................5
`
`Polaris Innovations, Ltd. v. Dell, Inc.
`No. SA-16-CV-451-XR, 2016 WL 7077069 (W.D. Tex. Dec. 5, 2016) ...................................8
`
`In re Radmax, Ltd.,
`720 F.3d 285 (5th Cir. 2013) ...................................................................................................15
`
`In re Samsung Elecs. Co., Ltd.,
`2 F.4th 1371 (Fed. Cir. 2021) ........................................................................................7, 12, 13
`
`In re Toyota Motor Corp.,
`747 F.3d 1338 (Fed. Cir. 2014)..................................................................................................5
`
`In re Tracfone Wireless, Inc.,
`No. 2021-136, 852 Fed. Appx. 537 (Fed. Cir. Apr. 20, 2021) ..................................................9
`
`In re TS Tech USA Corp.,
`551 F.3d 1315 (Fed. Cir. 2008)......................................................................................5, 12, 15
`
`In re Volkswagen AG,
`371 F.3d 201 (5th Cir. 2004) .................................................................................................8, 9
`
`In re Volkswagen of Am., Inc.,
`545 F.3d 304 (5th Cir. 2008) (en banc) ........................................................................... passim
`
`Statutes
`
`28 U.S.C. § 1400(b) .........................................................................................................................5
`
`28 U.S.C. § 1404(a) ............................................................................................................... passim
`
`28 U.S.C. § 1783 ..............................................................................................................................7
`
`Other Authorities
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`Fed. R. Civ. P. 45(c)(1) ................................................................................................................6, 7
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`-iii-
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`Petitioner Samsung and Google Ex-1020, 0004
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`

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`Case 6:21-cv-00616-ADA Document 26 Filed 09/29/21 Page 5 of 21
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`
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`I.
`
`INTRODUCTION
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`This Court should transfer this action against Google LLC (“Google”) brought by an Irish
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`non-practicing entity and related to technology with no relevant ties to this District. Google
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`respectfully requests the transfer of this case under 28 U.S.C. § 1404(a) to the Northern District of
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`California (“N.D. Cal.”). The N.D. Cal. is clearly more convenient than the Western District of
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`Texas (“W.D. Tex.”) and is the proper venue for this action.
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`● First, Plaintiff Scramoge Technology Limited (“Plaintiff” or “Scramoge”) alleges
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`infringement by Google because of the custom wireless charging components
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`found in Google’s Pixel 3, 3XL, 4, 4XL, and 5 smartphones (collectively, the “Pixel
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`Products”). The Pixel Products’ custom wireless charging components and
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`functionality are designed and developed in the N.D. Cal. Two of the three third-
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`party suppliers who provide the charging components at issue to Google maintain
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`their United States offices in the N.D. Cal. The remaining third-party supplier is in
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`Southern California.
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`● Second, Plaintiff has no relevant ties to the W.D. Tex. Plaintiff does not have any
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`places of business in Texas. Plaintiff is incorporated in and operates out of Dublin,
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`Ireland. Plaintiff is a patent assertion entity that does not make, use, sell, or offer
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`to sell any products. Plaintiff acquired the patents-in-suit from a third party with
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`no connection to the W.D. Tex. The original assignee of the patents-in-suit is in
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`Seoul, Korea.
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`The only relevant ties that Google or any third parties have are in California. Google’s
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`headquarters are in the N.D. Cal., along with all identified relevant witnesses and sources of proof,
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`including physical sources of proof. Additionally, the majority of the relevant third parties (two
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`out of the three foreign suppliers of the component parts at issue), have locations in N.D. Cal.
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`
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`-1-
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`Petitioner Samsung and Google Ex-1020, 0005
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`

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`Case 6:21-cv-00616-ADA Document 26 Filed 09/29/21 Page 6 of 21
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`
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`Accordingly, all of the relevant evidence in the United States is in California (if not the N.D. Cal.).
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`There is no relevant evidence or witness in the W.D. Tex.
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`Where, as here, “the transferee venue is ‘clearly more convenient’ than the venue chosen
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`by the plaintiff,” the case should be transferred. In re Nintendo Co., 589 F.3d 1194, 1197 (Fed.
`
`Cir. 2009) (quoting In re Genentech, Inc., 566 F.3d 1338, 1342 (Fed. Cir. 2009)).
`
`II.
`
`BACKGROUND
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`This patent case involves wireless charging technology for smartphones—components
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`developed outside this District by companies with no ties to Texas. Dkt. 1, ¶¶ 9, 16, 23, 30. Google
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`places those components in its Pixel Products. Similar to the majority of the component vendors,
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`Google’s relevant design, development, testing, and implementation, as well as marketing and
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`sales, information for its Pixel Products are in the N.D. Cal.
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`Google, however, does not make or sell the wireless charging components that are at issue.
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`Google designs and develops, then sources these wireless charging components in the N.D. Cal.
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`from third-party suppliers, two of which have their U.S. offices in the N.D. Cal. (the third has its
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`U.S. offices in Southern California). Upon receipt, Google tests and implements these components
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`with its Pixel Products in the N.D. Cal. (Declaration of Andrew Rope (“Rope Decl.”) ¶¶ 5, 18.)
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`Plaintiff does not dispute that it has no ties to Texas. Dkt. 1, ¶ 2. There are no relevant third parties
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`with links to Texas.
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`Accordingly, all relevant witnesses and evidence regarding the patents-in-suit, the accused
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`Pixel Products, and relevant components are in California, with the vast majority in the N.D. Cal.
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`There is no relevant evidence in the W.D. Tex.
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`A.
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`Relevant Third-Party Witnesses And Evidence Are in The N.D. Cal
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`Google’s suppliers for the majority of the wireless charging components for its Pixel
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`Products have their U.S. offices in the N.D. Cal. (Declaration of Bijal V. Vakil (“Vakil Decl.”) at
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`-2-
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`Petitioner Samsung and Google Ex-1020, 0006
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`

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`Case 6:21-cv-00616-ADA Document 26 Filed 09/29/21 Page 7 of 21
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`Exs. 3, 4; see Rope Decl. ¶ 6.)1 Indeed, Google interfaces directly with employees in these N.D.
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`Cal. offices in the design, development, and testing of the accused wireless charging components.
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`(See Rope Decl. ¶ 6.) Accordingly, the majority of the third-party employees with technical,
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`financial, and marketing knowledge—which would necessarily include management and sales
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`staff—about the relevant wireless charging components within subpoena power of a United States
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`district court, are in the N.D. Cal. Specifically:
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`●
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`●
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`principal U.S. office in
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`California (in the N.D. Cal.) (Vakil Decl. at Ex.
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`3; see Rope Decl. ¶ 6); and,
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` with a principal U.S. office
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` with a
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`in
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`California (in the N.D. Cal.) (Vakil Decl. at Ex. 4; see Rope Decl. ¶ 6.)
`
`B.
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`All of Google’s Relevant Evidence and Witnesses Are In The N.D. Cal.
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`Both Google’s global headquarters (Mountain View, California) and the majority of its
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`U.S. workforce are in the N.D. Cal. (Rope Decl. ¶ 3.) All of the Google employees likely to have
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`relevant technical, financial, and marketing knowledge about the accused Pixel Products (and the
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`specific technology at issue) are also there. These include the Google employees identified in the
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`accompanying Declaration of Andrew Rope. (See id. ¶¶ 7-16.)
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`Moreover, all of the relevant technical, financial, and marketing documents for the Pixel
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`Products (and the Pixel’s use of wireless charging technology at issue) are located in the N.D. Cal.
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`(Id. ¶ 18.). None of the relevant evidence that Plaintiff would use to support its claims is located
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`in the W.D. Tex. (See id. ¶¶ 17–18.) Although Google has offices in Austin, no Google employees
`
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`with its U.S.
`1 The third supplier to Google,
`offices located in Southern California. (Vakil Decl. at Ex. 5; see Rope Decl. ¶ 6.)
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`-3-
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`Petitioner Samsung and Google Ex-1020, 0007
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`

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`Case 6:21-cv-00616-ADA Document 26 Filed 09/29/21 Page 8 of 21
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`
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`in Austin—or anywhere else in Texas—appear knowledgeable about technical, financial, sales, or
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`marketing issues for the accused Pixel Products. (Id.)
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`C.
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`Plaintiff’s Evidence And Witnesses Are Not In The W.D. Tex.
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`Plaintiff is a patent assertion entity with no ties to the W.D. Tex. (See Vakil Decl. at Exs.
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`1, 2, 6–9.) Plaintiff admits that “its principal place of business [is] at The Hyde Building, Suite
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`23, The Park, Carrickmines, Dublin 18, Ireland.” Dkt. 1, ¶ 2. There is no record of Plaintiff’s
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`registration with the Texas Secretary of State. Similarly, there is no record of Plaintiff having any
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`physical presence in the state of Texas. (Vakil Decl. at Exs. 1, 2.)
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`III. ARGUMENT
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`“For the convenience of parties and witnesses, in the interest of justice, a district court may
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`transfer any civil action to any other district or division where it might have been brought[.]” 28
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`U.S.C. § 1404(a). In the Fifth Circuit, when a movant “clearly demonstrate[s] that a transfer is
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`‘[f]or the convenience of parties and witnesses, [and] in the interest of justice,’” the district court
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`“should” grant transfer under 28 U.S.C. § 1404(a). In re Volkswagen of Am., Inc., 545 F.3d 304,
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`312 (5th Cir. 2008) (en banc) (“Volkswagen II”). To evaluate transfer under 28 U.S.C. § 1404(a),
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`courts first consider “whether a civil action ‘might have been brought’ in the destination venue.”
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`Id. If so, courts weigh eight private and public factors:
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`(1) the relative ease of access to sources of proof, (2) the availability of compulsory
`process to secure the attendance of witnesses; (3) the cost of attendance for willing
`witnesses; (4) all other practical problems that make trial of a case easy, expeditious
`and inexpensive[;] . . . [5] the administrative difficulties flowing from court
`congestion; [6] the local interest in having localized interests decided at home;
`[7] the familiarity of the forum with the law that will govern the case; and [8] the
`avoidance of unnecessary problems of conflict of laws [or in] the application of
`foreign law.
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`Id. at 315 (internal citations and quotation marks omitted). The proposed transferee forum is
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`“clearly more convenient” where, as here, most potential witnesses and relevant evidence are
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`-4-
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`Petitioner Samsung and Google Ex-1020, 0008
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`

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`Case 6:21-cv-00616-ADA Document 26 Filed 09/29/21 Page 9 of 21
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`
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`concentrated in the transferee district. In re Toyota Motor Corp., 747 F.3d 1338, 1341 (Fed. Cir.
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`2014); see also Nintendo, 589 F.3d at 1198. The determination is not whether the “transferee
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`forum is far more convenient.” Toyota, 747 F.3d at 1341 (emphasis in original). Nor does
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`Plaintiff’s choice of venue carry any weight. Nintendo, 589 F.3d at 1200.
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`A.
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`Plaintiff Could Have Brought This Action In The N.D. Cal.
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`The “preliminary question under [28 U.S.C. §] 1404(a) is whether a civil action ‘might
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`have been brought’ in the destination venue.” Volkswagen II, 545 F.3d at 312. Here, there is no
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`dispute that Google’s headquarters are in the N.D. Cal. Dkt. 1, ¶ 3. Moreover, there is also no
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`dispute that Plaintiff could have filed this lawsuit in the N.D. Cal., where Google has a “regular
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`and established place of business.” 28 U.S.C. § 1400(b); see In re Cray Inc., 871 F.3d 1355, 1360
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`(Fed. Cir. 2017).
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`Plaintiff’s choice of venue is not relevant to this question. See In re TS Tech USA Corp.,
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`551 F.3d 1315, 1320 (Fed. Cir. 2008) (“Fifth Circuit precedent clearly forbids treating the
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`plaintiff’s choice of venue as a distinct factor in the § 1404(a) analysis.” (citing Volkswagen II,
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`545 F.3d at 314 n. 10)); cf. Piper Aircraft Co. v. Reyno, 454 U.S. 235, 256 (1981) (“Because the
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`central purpose of any forum non conveniens inquiry is to ensure that the trial is convenient, a
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`foreign plaintiff’s choice deserves less deference.”). Accordingly, the transfer analysis turns on
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`weighing the private and public interest factors.
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`B.
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`All Private Interest Factors Are Neutral Or Favor Transfer To The N.D. Cal.
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`The private interest factors strongly favor transfer to the N.D. Cal. First, availability of
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`compulsory process weighs in favor of transfer, because, unlike the N.D. Cal., the W.D. Tex. lacks
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`subpoena power over the third-party witnesses who are involved in the design, development,
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`production, marketing, and sale of the relevant charging components at issue. Second, the cost of
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`attendance for witnesses favors transfer because Google employees with relevant knowledge of
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`-5-
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`Petitioner Samsung and Google Ex-1020, 0009
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`

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`Case 6:21-cv-00616-ADA Document 26 Filed 09/29/21 Page 10 of 21
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`
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`the Pixel Products, and most third-party employees with knowledge of the relevant charging
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`components, are in the N.D. Cal. Third, the relative ease of access to sources of proof favors
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`transfer, because all relevant technical, marketing, and sales documents, as well as physical
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`samples, both from Google and third-party component makers and vendors, are in the N.D. Cal.
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`In contrast, this case has no connection to the W.D. Tex.
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`1.
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`Availability Of Compulsory Process Favors Transfer To The N.D. Cal.
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`The private interest factor of compulsory process weighs in favor of transfer to the N.D.
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`Cal. A court may subpoena a person to attend a trial (a) within 100 miles of where that person
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`resides or works, or (b) within the state where that person resides or works when the witness is a
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`party, an officer of the party, or would not incur substantial expense to attend trial. Fed. R. Civ.
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`P. 45(c)(1); see id. 36(b)(6) (providing for subpoenas directed to “a public or private corporation,
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`a partnership, an association, a governmental agency, or other entity”). Because the ability to
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`subpoena third-party witnesses to trial is crucial for evaluating a witnesses’ testimony, see 10Tales,
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`2021 WL 2043978, at *3 (citing Aguilar-Ayala v. Ruiz, 973 F.2d 411, 419 (5th Cir. 1992),
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`“[t]ransfer is strongly favored” where, as here, a transferee district, “has absolute subpoena power
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`over a greater number of non-party witnesses,” Adaptix, Inc. v. HTC Corp., 937 F. Supp. 2d 867,
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`874 (E.D. Tex. March 28, 2013). “Determining convenience requires considering ‘the availability
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`of compulsory process to secure the attendance of witnesses, particularly non-party witnesses
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`whose attendance may need to be secured by a court order.’” See 10Tales, 2021 WL 2043978, at
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`*3 (quoting Fintiv, Inc. v. Apple, Inc., No. 6:18-CV-00372-ADA, 2019 WL 4743678, at *5 (W.D.
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`Tex. Sept. 10, 2019)); see Volkswagen II, 545 F.3d at 3.
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`Here, material third-party witnesses, such as the three third-party component suppliers,
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`who provide Google with the components at the heart of Plaintiff’s infringement theory, have their
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`U.S. offices in California. Supra Section II.A. Two of the three suppliers have their U.S. offices
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`-6-
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`Petitioner Samsung and Google Ex-1020, 0010
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`

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`Case 6:21-cv-00616-ADA Document 26 Filed 09/29/21 Page 11 of 21
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`within the subpoena power of the N.D. Cal.—
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`Id. The third,
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`
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`is in Southern California. Id. None are within the subpoena power of the W.D. Tex. Id. Further,
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`the employees of these third-party suppliers, who can best speak to the technical and marketing
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`aspects of the relevant charging components, are all likely in California and not in the W.D. Tex.
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`Id.; see Fed. R. Civ. P. 36(b)(6), 45(c)(1).
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`In contrast, Google is not aware of any relevant third-party witnesses, corporate or
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`otherwise, in the W.D. Tex. or Texas more generally. As such, “this factor ‘weigh[s] heavily in
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`favor of transfer,’” because “‘more third-party witnesses reside within the transferee venue than
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`reside in the transferor venue.’” 10Tales, 2021 WL 2043978, at *3 (quoting In re Apple, Inc., 581
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`F. App’x 886, 889 (Fed. Cir. 2014)); see id. (“10Tales’ failure to identify even a single relevant
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`witness that this Court could exercise its subpoena power over, however, ultimately compels the
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`conclusion that this factor favors transfer.”); see also In re Samsung Elecs. Co., Ltd., 2 F.4th 1371,
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`1379 (Fed. Cir. 2021) (“[B]ecause these potential witnesses reside in Northern California, transfer
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`ensures that the transferee court could compel these individuals to appear.”).
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`The prior assignee and all the inventors of the asserted patents appear to be located in South
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`Korea. See Dkt. 1 at Exhibits 1, 3, 5, and 7 (patents-in-suit); see also (Vakil Decl. at Exs. 6–9).
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`These third-party witnesses, who reside in neither California nor Texas, will need to be subpoenaed
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`under 28 U.S.C. § 1783 regardless. See 28 U.S.C. § 1783 (providing for “[s]ubpoena of [a] person
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`in [a] foreign country”).
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`In sum, there is not a single third-party witness in this District. Because there is a
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`disproportionate number of third-party witnesses in the N.D. Cal. (two of the three suppliers of the
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`accused technology) compared to zero in this District, this factor weighs in favor of transfer.
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`2.
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`Cost of Attendance For Willing Witnesses Heavily Favors Transfer To
`The N.D. Cal.
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`-7-
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`Petitioner Samsung and Google Ex-1020, 0011
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`

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`Case 6:21-cv-00616-ADA Document 26 Filed 09/29/21 Page 12 of 21
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`The “convenience and cost” for witnesses to travel and attend trial is “an important factor”
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`in determining whether the transferee forum is “clearly more convenient.” Genentech, 566 F.3d
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`at 1343. Further, while Courts “routinely afford more weight to the convenience and cost for non-
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`party witnesses,” they may “also appropriately consider[] the cost of attendance of all willing
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`witnesses.” Polaris Innovations, Ltd. v. Dell, Inc. No. SA-16-CV-451-XR, 2016 WL 7077069, at
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`*6 (W.D. Tex. Dec. 5, 2016) (citations omitted). Under the Fifth Circuit’s 100-mile rule, “[w]hen
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`the distance between an existing venue for trial. . . . and a proposed venue under § 1404(a) is more
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`than 100 miles, the factor of inconvenience to witnesses increases in direct relationship to the
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`additional distance to be traveled.” In re Volkswagen AG, 371 F.3d 201, 204–05 (5th Cir. 2004)
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`(“Volkswagen I”).
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`Google employees with technical, financial, and marketing knowledge of the Pixel
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`Products are located in the N.D. Cal. (Rope Decl. ¶¶ 7–16.) The lead hardware and software
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`engineers for the development and testing of the Pixel Products, including for implementation of
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`the accused wireless charging component, are in the N.D. Cal. (Rope Decl. ¶¶ 7–10). Further,
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`most, if not all, relevant third-party employees are also in the N.D. Cal. or California. Supra
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`Section II.A. For these Google and third-party employees, “it is more convenient [] to testify at
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`home” in the N.D. Cal. See Volkswagen II, 545 F.3d at 317. There is no direct flight from the Bay
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`Area to Waco. Traveling to Waco from the Bay Area requires almost four hours of flight time,
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`not including traveling to and from and waiting at the airport. (Vakil Decl. at Exs. 10–14.) The
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`long trips and overnight stays in Waco will lead to lost productivity and disruption to the witnesses’
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`lives while “being away from work, family and community.” Volkswagen II, 545 F.3d at 317.
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`In contrast, should this Court transfer this case to the N.D. Cal., Google and third-party
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`employees could readily travel back and forth between the court and their homes—a “thirty
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`-8-
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`Petitioner Samsung and Google Ex-1020, 0012
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`

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`Case 6:21-cv-00616-ADA Document 26 Filed 09/29/21 Page 13 of 21
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`minutes [to] an hour” commute as compared to traveling “five or six hours one-way” to Waco.
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`Volkswagen I, 371 F.3d at 205 (“[T]he task of scheduling fact witnesses so as to minimize the time
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`when they are removed from their regular work or home responsibilities get increasingly difficult
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`and complicated when the travel time from their home or work site to the court facility is five or
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`six hours one-way as opposed to 30 minutes to an hour.”); see also Vakil Decl. at Exs. 10, 11, 12.
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`“[T]his Court has previously recognized Google’s strong presence in the [N.D. Cal.].” See
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`10Tales, Inc. v. TikTok Inc., No. 6:20-CV-00810-ADA, 2021 WL 2043978, at *3 (W.D. Tex. May
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`21, 2021); see also Parus Holdings Inc. v. LG Elecs. Inc., No. 6:19-CV-00432-ADA, 2020 WL
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`4905809, at *5-6 (W.D. Tex. Aug. 20, 2020).
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`Further, Google is not aware of any relevant witness to this case who resides in the W.D.
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`Tex. Indeed, Scramoge, a company with its principal place of business in Ireland, has not
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`identified any witness or evidence in the W.D. Tex. Dkt. 1, ¶ 2; see generally id. (failing to identify
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`any witness or evidence in the W.D. Tex., citing only the existence of Google’s Austin office for
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`the minimum contacts required for personal jurisdiction). Those individuals who do not reside in
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`California—whether Scramoge employees, the prior assignees, and inventors of the asserted
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`patents, or any additional third-party witnesses—live abroad, and therefore “will be
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`inconvenienced by extensive travel regardless of the forum,” such that “the ‘100 mile’ rule should
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`not be rigidly applied.” 10Tales, 2021 WL 2043978, at *4 (citing Genentech, 566 F.3d at 1344).
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`Accordingly, transfer is appropriate here because Google has “identified a significant number of
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`its own employees as potential witnesses who reside in the [N.D. Cal],” while Plaintiff’s “own
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`employees will be coming from outside both districts.” In re Adobe Inc., 823 F. App’x 929, 931
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`(Fed. Cir. 2020); see also In re Tracfone Wireless, Inc., 852 Fed. Appx. 537, 538–39 (Fed. Cir.
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`Apr. 20, 2021) (finding that the convenience of witnesses favored transfer where “no party
`
`-9-
`
`Petitioner Samsung and Google Ex-1020, 0013
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`

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`Case 6:21-cv-00616-ADA Document 26 Filed 09/29/21 Page 14 of 21
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`
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`identified any witness residing in the Western District of Texas” and “several of [defendant]’s
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`likely employee witnesses resid[ed] in the transferee venue”).
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`3.
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`Relative Ease Of Access To Sources Of Proof Favors Transfer To The
`N.D. Cal.
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`“In patent infringement cases, the bulk of the relevant evidence usually comes from the
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`accused infringer. Consequently, the place where the defendant’s documents,” and other physical
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`evidence, “are kept weighs in favor of transfer to that location.” 10Tales, 2021 WL 2043978, at
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`*2 (citing In re Apple Inc., 979 F.3d 1332, 1340 (Fed. Cir. 2020)). Further, as this Court has noted,
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`“the physical location of electronic documents does affect the outcome of this factor.” Moskowitz
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`Family LLC v. Globus Med., No. 6:19-cv-00672, 2020 WL 4577710, at *3 n.2 (W.D. Tex. July 2,
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`2020) (citing Volkswagen II, 545 F.3d at 316); see also Correct Transmission LLC v. ADTRAN,
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`Inc., No. 6:20-CV-00669-ADA, 2021 WL 1967985, at *4 (W.D. Tex. May 17, 2021) (“[T]his
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`factor is relevant regardless of the method of storage.”).
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`Here, all the relevant sources of physical proof are in the N.D. Cal. Specifically, the design,
`
`development, testing, and implementation of the wireless charging components in the Pixel
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`Products occur in the N.D. Cal.,
`
`
`
` (Rope Decl. ¶¶ 7–10, 18.) Further, the U.S. offices of the
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`majority of the third-party suppliers (likely along with their documents and physical samples) are
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`all in the N.D. Cal. Supra Section II.A. The remaining third-party supplier is in Southern
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`California. Id. Google is not aware of any relevant documents or physical evidence kept in the
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`W.D. Tex. concerning the design, development, testing, implementation, or marketing and
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`financials, for the accused Pixel Products and wireless charging components. (Rope Decl. ¶ 17–
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`18.)
`
`-10-
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`Petitioner Samsung and Google Ex-1020, 0014
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`

`

`Case 6:21-cv-00616-ADA Document 26 Filed 09/29/21 Page 15 of 21
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`
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`In contrast, Google is unaware of relevant sources of proof in the W.D. Tex. While Google
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`has offices and employees in the W.D. Tex.—specifically, Austin—this does not alter the fact that
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`“the physical documentation relating to the substantive focus of the complaint” comes from
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`Google and third-party vendor “operations in California.” 10Tales, 2021 WL 2043978, at *2.
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`Further, Plaintiff does not appear to carry any business activities in this District. See supra Section
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`II.C. Plaintiff has not—and cannot—identify any documents or physical evidence in this District
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`relevant to the claims at issue. To the extent that any documents or physical evidence important
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`to the adjudication of this dispute exist, they are located in the N.D. Cal. See 10Tales, 2021 WL
`
`2043978, at *2.
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`Accordingly, this factor favors transfer. See In re HP Inc., 826 F. App’x 899, 902 (2020)
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`(mandating transfer to the N.D. Cal. where most physical sources of proof were present in the N.D.
`
`Cal., and none were in the Eastern District of Texas); 10Tales, 2021 WL 2043978, at *2 (“Thus,
`
`to avoid burdening the defendant with unnecessary transportation costs of physical evidence and
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`documentation, the prudent conclusion is that this factor weighs in favor of transfer.”).
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`4.
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`There Are No Practical Problems With Transferring This Case
`
`“[T]his Court has previously held that the last private interest factor favors transfer when
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`most witnesses are present in the transferee forum and the plaintiff has no presence in the Western
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`District.” Correct Transmission, 2021 WL 1967985, at *5. This factor weighs in favor of transfer
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`because all of the potential Google and third-party witnesses, and physical evidence, are in the
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`N.D. Cal., and Plaintiff has no witnesses or documents in the W.D. Tex. See supra Sections II.A,
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`II.C.
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`This factor also “considers problems such as those rationally based on judicial economy
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`which will weigh heavily in favor of or against transfer.” Moskowitz, 2020 WL 4577710, at *5.
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`So far, here, the Court has not yet entered a scheduling order and the sole pending motion on the
`
`-11-
`
`Petitioner Samsung and Google Ex-1020, 0015
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`

`

`Case 6:21-cv-00616-ADA Document 26 Filed 09/29/21 Page 16 of 21
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`
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`docket is Google’s Unopposed Motion to Dismiss Plaintiff’s Request for Permanent Injunction.
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`Therefore, overall, this factor favors transfer.
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`C.
`
`The Public Interest Factors Also Favor Transfer
`1.
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`The N.D. Cal. Has A Strong Local Interest In This Dispute, While W.D.
`Tex. Has None
`
`There can be no dispute that the N.D. Cal. has a strong local interest in this case “because
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`the cause of action calls into question the work and reputation of several individuals residing in or
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`near that district.” In re Hoffmann-La Roche Inc., 587 F.3d 1333, 1336 (Fe