`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`B.E. TECHNOLOGY, L.L.C.,
`
`Plaintiff,
`
`v.
`
`GOOGLE INC.,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`Case No. 2:12-cv-2830 JPM tmp
`
`JURY DEMAND
`
`
`DECLARATION OF MARTIN DAVID HOYLE IN SUPPORT OF PLAINTIFF’S
`MEMORANDUM IN OPPOSITION TO DEFENDANT’S MOTION TO TRANSFER
`VENUE PURSUANT TO 28 U.S.C. § 1404(a)
`
`I, Martin David Hoyle, declare as follows:
`
`1.
`
`I am the Chief Executive Officer of Plaintiff B.E. Technology, L.L.C. (“B.E.”). I
`
`make this Declaration in support of B.E.’s Memorandum in Opposition to Defendant Google,
`
`Inc.’s Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a). I have personal knowledge of
`
`the facts stated herein and could testify competently to them if asked to do so.
`
`2.
`
`In April 2006, I moved with my son from our home in Mandeville, Louisiana to
`
`Eads, Tennessee. My wife and daughter joined us one month later when my daughter’s school
`
`year ended. We left Louisiana following Hurricane Katrina and chose the Memphis area because
`
`I obtained a consulting contract with Hilton Hotels and considered Memphis a good location for
`
`other work I thought would be available to me.
`
`3.
`
`My wife and I lived in Eads from April 2006 until May 2012. Our address during
`
`that time was 1888 North Reid-Hooker Cove, Eads, Tennessee 38028.
`
`
`
`
`
`Case 2:12-cv-02830-JPM-tmp Document 29-1 Filed 01/07/13 Page 2 of 3 PageID 215Case 2:12-cv-02825-JPM-tmp Document 31-12 Filed 01/22/13 Page 2 of 3 PageID 225
`
`4.
`
`Over time, I have considered a return to Louisiana. During part of the time I was
`
`living in Eads, I planned to return to Louisiana and took steps to establish residence there while
`
`my non-B.E. work required my presence in the Memphis area. Ultimately, my wife and I chose
`
`to remain in Tennessee. In February 2012, my wife and I made an offer to purchase a home in
`
`Cordova, part of the City of Memphis. The offer was accepted. In May 2012, we closed on the
`
`home and moved from Eads to Cordova. Our current address is 116 West Viking Drive,
`
`Cordova, Tennessee 38018. The decision my wife and I made to buy a home in Cordova and
`
`stay in Tennessee was not designed to create venue in this District.
`
`5.
`
`I founded B.E. in August 1997 to develop Internet-related technologies on which I
`
`had been working. I received strategic advice and investments from individuals in Michigan.
`
`B.E. incorporated in Delaware and maintained a registered office in Michigan where its
`
`accountant resides.
`
`6.
`
`I served as B.E.’s President from 1997 to 2001. From 2006 to 2008, I co-
`
`managed the company with Mark McKinley. I was appointed Chief Executive Officer of B.E. in
`
`2008 and remain in that position today.
`
`7.
`
`B.E. is the assignee of several United States patents, including Patents Nos.
`
`6,628,314 (the “’314 patent”) and 6,771,290 (the “’290 patent”). I am the named inventor of the
`
`’314 and ’290 patents. B.E.’s documents, including those relating to the conception and
`
`reduction to practice of the inventions disclosed in those patents are physically located in
`
`Cordova, Tennessee, and have been located in the Western District of Tennessee since I moved
`
`here in 2006.
`
`8.
`
`B.E. is registered to conduct business in Tennessee. In July 2012, while we were
`
`preparing to file suit to enforce B.E.’s patents, I was advised by B.E.’s accountant that B.E. had
`
`- 2 -
`
`
`
`
`Case 2:12-cv-02830-JPM-tmp Document 29-1 Filed 01/07/13 Page 3 of 3 PageID 216Case 2:12-cv-02825-JPM-tmp Document 31-12 Filed 01/22/13 Page 3 of 3 PageID 226
`CC}asn32I|2c:w=1FP?t><I/ttmtp [D):¢nnmmtt3a9-II2 H-TitnflCD]JlD27JlII33 H'@33cttf33 Htfiflbflzfi
`
`not registered to conduct business in Tennessee. B.E. began the process of registering in August
`
`21312. The process was delayed because ELE. had not made payments necessary to maintain
`
`good standing in Delaware. Dur Delaware agent failed to send required information to the
`
`correct address, and the payments were not made. The Tennessee registration process was
`
`completed in September after B.E. corrected the situation in Delaware.
`
`9.
`
`If this lawsuit is transferred from the Western District of Tennessee to the
`
`Northern District of California, it will impose a significant financial burden on E.E. Ifi arn
`
`required to travel to California for litigation, E.E. will incur expenses it will not incur if the case
`
`remains in Memphis. In addition. I will personally suffer a fuianeial harm it‘ this case is
`
`transferred to California. In addition to my duties and responsibilities as the Chief Executive
`
`Officer of E.E., I maintain a technology consulting finn in Tennessee known as Webnet Media
`
`L.L.C. As a consultant. I ant typically paid only for the hours I work. IfI atn required to take
`
`the t:i.tne to travel across the country to serve as a witness or cotnpany representative for BE. in
`
`California, I will lose consulting opportunities and hours that 1 otherwise could work here i.t1
`
`Tetntessee.
`
`I declare under penalty of perjury under the laws of the United States that the foregoing is
`
`true and conect.
`
`Executed this
`
`2 day of January, 2i}l3. in Cordova, Tennessee.
`
`J