`Case 2:12—cv—O2823—JPM—tmp Document 28-2 Filed 01/07/13 Page 1 of 2 Page|D 114
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE WESTERN DISTRICT OF TENNESSEE
`MEMPHIS DIVISION
`
`B.E. TECHNOLOGY, L.L.C.,
`
`Plaintiff,
`
`V.
`
`Case No. 2: 12-cv-02823-JPM-tmp
`
`BARNES & NOBLE, INC.,
`
`
`
`Defendant.
`
`JURY TRIAL REQUESTED
`
`DECLARATION OF DANIEL GILBERT IN SUPPORT OF DEFENDANT BARNES &
`
`NOBLE INC.’S MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C.
`
`1404 a
`
`1, Daniel Gilbert, declare:
`
`1.
`
`I am the Executive Vice President of Operations and Customer Service at Barnes &
`
`Noble, Inc. (“Barnes & Noble”) and have held that position since April 2010.
`
`I work at Barnes
`
`& Noble’s offices in Palo Alto, California.
`
`I have personal knowledge of the following, and if
`
`called as a witness I could and would testify competently thereto.
`
`2.
`
`I am responsible for the end-to-end supply chain for the NOOK® product line and for
`
`customer service operations.
`
`3.
`
`Over 400 employees work at Barnes & Noble’s offices in Palo Alto, California. The
`
`Barnes & Noble employees most knowledgeable of the design, development, and operation of
`
`the NOOK® products work at Barnes & Noble’s offices in Palo Alto, California. These
`
`employees are primarily responsible for selecting and sourcing components for NOOK® products,
`
`designing NOOK® products, developing the specifications for NOOK® products, and developing
`
`0270635047/50845912
`
`1
`
`
`
`Case 2:12-cv-02823-JPM-tmp Document 28-2 Filed 01/07/13 Page 2 of 2 PageID 115
`Case 2:12—cv—O2823—JPM—tmp Document 28-2 Filed 01/07/13 Page 2 of 2 Page|D 115
`
`software for NOOK® products. If the Barnes & Noble employees described in this paragraph
`
`were called away from their normal job responsibilities for a significant amount of time, it would
`
`adversely affect Barnes & Noble’s operations.
`
`4.
`
`Substantially all of the documents related to the development, design, and components
`
`of the NOOK® products are located in Barnes & Noble’s offices in Palo Alto. These documents
`
`include device and component specifications, design drawings, contracts with key commodity
`
`suppliers, and software development plans.
`
`I am not aware of any documents relating to the
`
`design or operation of NOOK® products that are located in the Western District of Tennessee,
`
`other than product-related documents that would be in the possession of Barnes & Noble
`
`bookstores throughout the United States.
`
`5.
`
`I am not aware of any Barnes & Noble employees located in Tennessee that are likely
`
`to have the types of information or documents relating to NOOK® products that I have described
`
`above.
`
`Executed this 4th day of January, 2013 at Palo Alto, California.
`
`UKAAX
`
`Daniel Gilbert
`
`0270635047/50845972
`
`2
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
