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`Case 2:12—cv—O2831—JPM—tmp Document 22-5 Filed 12/20/12 Page 1 of 3 Page|D 167Case 2:12—cv—O2831—JPM—tmp Document 22-5 Filed 12/20/12 Page 1 of 3 Page|D 167
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`EXHIBIT D
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`EXHIBIT DEXHIBIT D
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`Case 2:12-cv-02831-JPM-tmp Document 22-5 Filed 12/20/12 Page 2 of 3 PageID 168
`Case 2:12—cv—O2831—JPM—tmp Document 22-5 Filed 12/20/12 Page 2 of 3 Page|D 168
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
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`B.E. TECHNOLOGY, L.L.C.,
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`Civil Action No. 2: 12-cv-02331 (JPM)
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`Plaintiff,
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`V.
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`APPLE lNC.,
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`Defendant.
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`Hon. Jon Phipps McCalla
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`Mag. Judge Tu M. Pham
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`DEMAND FOR JURY TRIAL
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`DECLARATION OF MARK BUCKLEY
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`IN SUPPORT OF APPLE'S MOTION TO T3ANSFER__\_/ENUE
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`I, Mark Buckley, hereby declare:
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`1.
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`I am employed as Finance Manager at Apple Inc. (“Apple") in Cupertino,
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`California. I have been employed by Apple since October 2002. I provide this declaration in
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`support of Apple’s motion to transfer venue. Unless otherwise indicated below, the statements in
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`this declaration are based either upon my personal knowledge or corporate records maintained by
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`Apple in the ordinary course of business.
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`2.
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`Apple designs, manufactures, and markets personal computers, portable digital
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`music players, and mobile communication devices and sells a variety of related software,
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`services, peripherals, and networking solutions.
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`3.
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`Apple is a California corporation headquartered in Cupertino in the Northern
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`District of California. Apple’s management and primary research and development facilities are
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`located in Cupertino. Apple has approximately 13,700 employees who work in or near its
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`headquarters in Cupertino.
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`
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`Case 2:12-cv-02831-JPM-tmp Document 22-5 Filed 12/20/12 Page 3 of 3 PageID 169
`Case 2:12—cv—O2831—JPM—tmp Document 22-5 Filed 12/20/12 Page 3 of 3 Page|D 169
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`4.
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`I understand that in this case, the Plaintiff has accused the following Apple
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`products of infringement:
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`iPad, iPod touch, iPhone, Macbook Pro, Macbook Air, Mac mini,
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`iMac, and Apple TV (the “accused products”). Although I understand that it is unclear at this
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`time which versions of these products are accused, I am informed and believe that the research,
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`design, and development of all versions of each of these products primarily took place in
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`Cupertino. The foreseeable Apple witnesses with knowledge of the research, design, and
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`development of the accused products reside or work in or near Cupertino. In addition, virtually
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`all Apple business documents and records relating to the research, design, development,
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`marketing strategy and product revenue for the accused products are likely to be located in or
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`near Cupertino.
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`5.
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`As of the date of this declaration, Apple has approximately 250 stores in the
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`United States. Only one of these stores is located in the Western District of Tennessee, in the city
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`of Germantown. Based on the information available to me, none of the employees in the
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`Germantown retail store could be characterized as a relevant witness regarding the accused
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`products. None of the employees in Apple”s Germantown retail store has any responsibility for
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`the research, design or development of the accused products. Aside from the Germantown store,
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`Apple does not otherwise maintain any facilities, employees, or relevant documents in the
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`Western District of Tennessee.
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`I declare under penalty of perj ury under the laws of the United States of America that the
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`foregoing is true and correct.
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`Mark Buckley
`Finance Manager
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`'
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