Case 2:12-cv-02825-JPM-tmp Document 31-14 Filed 01/22/13 Page 1 of 7 PageID 230
`Case 2:12—cv—O2825—JPM—tmp Document 31-14 Filed 01/22/13 Page 1 of 7 Page|D 230
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE WESTERN DISTRICT OF TENNESSEE
`
`WESTERN DIVISION
`
`B.E. TECHNOLOGY, L.L.C.,
`
`CIVIL ACTION NO.
`
`Plaintiff,
`
`V.
`
`2: 12—CV—{]2825 -JPM —tmp
`
`JURY TRIAL DEMANDED
`
`SAMS UN G ELECTRONICS AMERICA,
`INC,
`
`Defendants.
`
`
`DECLARATION OF DANIEL SCHINASI IN SUPPORT OF SAMSUNG’S MOTION TO
`TRANSFER VENUE TO THE DISTRICT OF NEW JERSEY
`
`I, Daniel Schinasi, hereby declare and state as follows:
`
`1.
`
`I am the Senior Manager in Product Planning / Home Entertainment Marketing at
`
`Samsung Electronics America, Inc. (“SEA”).
`
`1 have been employed by SEA since 2005.
`
`I
`
`submit this declaration in support of San1sung°s Motion To Transfer Venue To The District of
`
`New Jersey. The statements in this declaration are based upon my personal knowledge or
`
`corporate records maintained by SEA in the ordinary course of business.
`
`2.
`
`SEA corporate headquarters is located at 85 Challenger Road, Ridgefield Park,
`
`New Jersey, 07660, which is where I work.
`
`I reside in Ridgewood, New Jersey.
`
`3.
`
`SEA’s Consumer Business Division and Enterprise Business Division market,
`
`sell, and distribute a variety of consumer electronics products across the United States, including
`
`Blu—ray Disc players, non—cellu1ar equipped tablets, Smart TVS, media players, home theater
`
`systems, and personal computers.
`
`4.
`
`I am i_nibr111ed that B.E. Technology, L.L.C. (“B.E. Technology”) has filed patent
`
`NY 2427290241/5
`
`
`Case 2:12—cv—O2825—JPM—tmp Document 31-14 Filed 01/22/13 Page 1 of 7 Page|D 230
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE WESTERN DISTRICT OF TENNESSEE
`
`WESTERN DIVISION
`
`B.E. TECHNOLOGY, L.L.C.,
`
`CIVIL ACTION NO.
`
`Plaintiff,
`
`V.
`
`2: 12—CV—{]2825 -JPM —tmp
`
`JURY TRIAL DEMANDED
`
`SAMS UN G ELECTRONICS AMERICA,
`INC,
`
`Defendants.
`
`
`DECLARATION OF DANIEL SCHINASI IN SUPPORT OF SAMSUNG’S MOTION TO
`TRANSFER VENUE TO THE DISTRICT OF NEW JERSEY
`
`I, Daniel Schinasi, hereby declare and state as follows:
`
`1.
`
`I am the Senior Manager in Product Planning / Home Entertainment Marketing at
`
`Samsung Electronics America, Inc. (“SEA”).
`
`1 have been employed by SEA since 2005.
`
`I
`
`submit this declaration in support of San1sung°s Motion To Transfer Venue To The District of
`
`New Jersey. The statements in this declaration are based upon my personal knowledge or
`
`corporate records maintained by SEA in the ordinary course of business.
`
`2.
`
`SEA corporate headquarters is located at 85 Challenger Road, Ridgefield Park,
`
`New Jersey, 07660, which is where I work.
`
`I reside in Ridgewood, New Jersey.
`
`3.
`
`SEA’s Consumer Business Division and Enterprise Business Division market,
`
`sell, and distribute a variety of consumer electronics products across the United States, including
`
`Blu—ray Disc players, non—cellu1ar equipped tablets, Smart TVS, media players, home theater
`
`systems, and personal computers.
`
`4.
`
`I am i_nibr111ed that B.E. Technology, L.L.C. (“B.E. Technology”) has filed patent
`
`NY 2427290241/5
`
`
`
`Case 2:12-cv-02825-JPM-tmp Document 31-14 Filed 01/22/13 Page 2 of 7 PageID 231
`Case 2:12—cv—O2825—JPM—tmp Document 31-14 Filed 01/22/13 Page 2 of 7 Page|D 231
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`infringement lawsuits against SEA, and Samsung Telecommunications America LLC (“STA”)
`
`(collectively, “Defendants” or ‘‘Samsung’’).
`
`1 understand that B.E. Technology has accused
`
`several Samsung products of infringing its patent, including certain smartphones, tablets, B111-ray
`
`Disc players, Smart TVs, cameras, media players, home theater systems, and personal computers
`
`through the inclusion and use of certain software and services developed by Samsung, Google,
`
`Microsoft, Amazon, Netflix, I-lulu, Barnes & Noble, and Kno Inc. (Google, Microsoft, Amazon,
`
`Netflix, Hulu, Barnes & Noble, and K110 Inc. are hereinafter referred to as the “Third Parties,”
`
`and accused software and services developed by Third Parties are referred to as “Third Party
`
`Software”).
`
`5.
`
`As Senior Manager in Product Planning / Home Entertainment Marketing, I am
`
`on the team that is responsible for the marketing and sales of multiple product lines including
`
`Samsung’s Smart TV’s.
`
`6.
`
`The vast majority of, if not all, potentially relevant documents and things related
`
`to the marketing, sale, distribution, and financial information of accused products sold by SEA,
`
`including the accused Blu—ray Disc players, non-cellular equipped tablets, Smart TVs, media
`
`players, home theater systems, and personal computers (the “Accused SEA Products”), including
`
`samples of the Accused SEA Products themselves, are physically located at SEA’s offices at
`
`Ridgefield Park, New Jersey.
`
`7.
`
`All potential witnesses from SEA with relevant knowledge Concerning the
`
`Accused SEA Products work at SEA’s offices in Ridgefield Park, New Jersey and reside nearby.
`
`For example:
`
`NY 242729U£’4v5
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`a. As Senior Manager in Product Planning / Home Entertainment Marketing, l
`
`am on the team that is responsible for marketing and sales of multiple product.
`
`
`
`Case 2:12-cv-02825-JPM-tmp Document 31-14 Filed 01/22/13 Page 3 of 7 PageID 232
`Case 2:12—cv—O2825—JPM—tmp Document 31-14 Filed 01/22/13 Page 3 of 7 Page|D 232
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`lines including Samsung’s accused Smart TV’s. SEA has approximately 10
`
`employees on the team with whom I communicate regularly regarding the
`
`marketing and sales of Sarnsung’s accused Smart 'l”V’s. One or more of these
`
`individuals,
`
`including myself, would have relevant knowledge concerning
`
`marketing, sales, and financial information on the accused Smart TV’s a.nd
`
`would be the most likely person(s) at SEA to testify as a witness at trial on
`
`these topics. All of these individuals work at SE,A’s Ridgelield Park offices.
`
`b. Travis Merrill is the Director of Marketing for Galaxy products at SBA and is
`
`responsible for the marketing and sales of multiple product lines including
`
`Samsung’s accused non—cellular equipped tablets and media players.
`
`I am
`
`informed and believe that SEA has at least 5 employees who either directly or
`
`indirectly report
`
`to Mr. Merrill or with whom Mr. Merrill communicates
`
`regularly regarding the marketing and sales of Samsung’s accused non-
`
`cellular equipped tablets and media players.
`
`I am informed a11d believe that
`
`one or more of these individuals, including Mr. Merrill, would have the most
`
`relevant knowledge concerning marketing, sales, and financial information on
`
`the accused non-cellular equipped tablets and media players and would be the
`
`most likely person(s) at SEA to testify as a witness at trial on these topics. All
`
`of these individuals work at SEA’s Ridgefield Park offices.
`
`c.
`
`James Kiczek is
`
`the Director of Marketing for digital audio and video
`
`products at SBA, and William Hadam is the Senior Manager in Home
`
`Entertainment Marketing at SEA. Messrs. Kiczek and Hadam are responsible
`
`for the marketing and sales of multiple product lines including Samsung’s
`
`NY 242729024 V5
`
`
`
`Case 2:12-cv-02825-JPM-tmp Document 31-14 Filed 01/22/13 Page 4 of 7 PageID 233
`Case 2:12—cv—O2825—JPM—tmp Document 31-14 Filed 01/22/13 Page 4 of 7
`PagelD 233
`
`accused Blu—ray Disc players and home theater systems.
`
`1 am informed and
`
`believe that SEA has at least 3 employees who either directly or indirectly
`
`report to Mr. Kiczek or Mr. Hadarn or with whom Messrs. Kiezek and Hadam
`
`communicate regularly regarding the marketing and sales oi‘ San1sung’s
`
`accused Blu-ray Disc players and home theater systems.
`
`I am informed and
`
`believe that one or more of these individuals, including Mr. Kiczek or Mr.
`
`I-ladam, would have the most relevant knowledge concerning marketing, sales,
`
`and financial
`
`information on the accused Blu—ray Disc players and home
`
`theater systems and would be the most likely person(s) at SEA to testify as a
`
`witness a.t
`
`trial on these topics. All of these individuals work at SEA’s
`
`Ridgefield Park offices.
`
`d. Brian Nowlin is the Senior Manager of Mobile Computing Marketing at SBA
`
`and is responsible for the marketing and sales of multiple product
`
`lines
`
`including Samsung’s accused personal computers.
`
`I am informed and believe
`
`that SEA has at least 8 employees who either directly or indirectly report to
`
`Mr. Nowlin or with whom Mr. Nowlin communicates regularly regarding the
`
`marketing and sales of Samsung’s accused personal computers.
`
`I am
`
`informed and believe that one or more of these individuals, including Mr.
`
`Nowlin, would have the most relevant knowledge concerning marketing,
`
`sales, and financial information on the accused personal computers and would
`
`be the most likely person(s) at SEA to testify as a witness at trial on these
`
`topics. All of these individuals work at SEA’s Ridgefield Park offices.
`
`e.
`
`l am inl'"o1°n1ed and believe that individuals in SliA’s Solutions Group, which
`
`NY 242729024 V5
`
`
`
`Case 2:12-cv-02825-JPM-tmp Document 31-14 Filed 01/22/13 Page 5 of 7 PageID 234
`Case 2:12—cv—O2825—JPM—tmp Document 31-14 Filed 01/22/13 Page 5 of 7 Page|D 234
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`has at least 8 employees, communicate with key partners, such as the Third
`
`Parties, on a daily basis regarding a variety of
`
`topics,
`
`including app
`
`development,
`
`technical support, marketing, and analytics.
`
`Individuals in
`
`SEA’s Solutions Group are the most likely person(s) at SEA to have relevant
`
`knowledge about the Third Party Software and relevant communications with
`
`or knowledge of the Third Parties, and would be the most likely person(s) at
`
`SEA to testify as a witness at trial on these topics. All of these individuals
`
`Work at SEA’s Ridgefield Park offices.
`
`i am also informed and believe that
`
`other employees with knowledge of the design and operation of the Accused
`
`SEA Products work at SEA’s Ridgefield Park offices.
`
`SEA has no facilities or property in the Western District of Tennessee.
`
`I am informed and believe that SEA also conducts Certain operations out of
`
`8.
`
`9.
`
`facilities in San Jose, California.
`
`10.
`
`The Accused SEA Products are sold throughout the United States. None of these
`
`accused products are manufactured in the Western District of Tennessee.
`
`11.
`
`I am informed that the Newark courthouse for the District Court of New Jersey is
`
`located at 50 Walnut Street, Newark, NJ 07101.
`
`It takes approximately 30 minutes to drive from
`
`SEA’s corporate headquarters to the Newark courthouse.
`
`12.
`
`It would be inconvenient for me to travel to the Western District of Tennessee to
`
`testify at trial or for any other purpose relevant to this litigation, as this would require me to take
`
`the time to travel to Tennessee and be absent from my office in New Jersey during the entire
`
`length of my travels, and would separate me from the individuals with whom I work and make
`
`communication with them more inconvenient. By contrast, if I were to testify in the District of
`
`NY 24272902415
`
`
`
`Case 2:12-cv-02825-JPM-tmp Document 31-14 Filed 01/22/13 Page 6 of 7 PageID 235
`Case 2:12—cv—O2825—JPM—tmp Document 31-14 Filed 01/22/13 Page 6 of 7 Page|D 235
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`New Jersey,
`
`I could then return to the office and resume my normal activities following my
`
`testimony, and would not suffer the same inconvenience.
`
`I am informed and believe that the
`
`same would be true with respect to any of the individuals identified or referenced above that
`
`would be potential witnesses for SEA.
`
`13.
`
`Accordingly, it would be inconvenient for SEA to be forced to litigate this matter
`
`in the Western District of Tennessee. The most convenient forum for SEA to litigate this matter
`
`is in the District of New Jersey.
`
`H3 5|! ‘r:=
`
`NY 242729024v5
`
`
`
`Case 2:12-cv-02825-JPM-tmp Document 31-14 Filed 01/22/13 Page 7 of 7 PageID 236
`Case 2:12—cv—O2825—JPM—tmp Document 31-14 Filed 01/22/13 Page 7 of 7 Page|D 236
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`I declare under the penalty of perjury under the laws of the United States that t11e
`
`foregoing is true and correct.
`
`Executed January Q, 2013, in Ridgefield Park, New Jersey.
`
`DANIEL SCHINASI
`
`NY 242729024 V5
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