Case 2:17-cv-00513-JRG Document 36-2 Filed 11/14/17 Page 1 of 4 PageID #: 427
`
`Case 2:17-cv-00513-JRG Document 36-2 Filed 11/14/17 Page 1 of 4 PageID #: 427
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS Software Development, LLC
`
`Plaintiff,
`
`CIVIL ACTION NO. 2:17—cv—513-JRG
`
`JURY TRIAL DEMANDED
`
`
`
`HUAWEI DEVICE USA INC., HUAWEI
`DEVICE CO., LTD. AND HUAWEI DEVICE
`
`(DONGGUAN) CO., LTD.
`
`Defendants.
`
`DECLARATION OF ZHU LIU IN SUPPORT OF DEFENDANTS’ MOTION TO
`
`TRANSFER VENUE
`
`I, Zhu Liu, state and declare as follows:
`
`I am a Principal Engineer at Huawei Device (Dongguan) Co., Ltd. (“Huawei
`
`Dongguan”) and work out of Huawei Dongguan’s Shenzhen office, People’s Republic of China.
`
`I have been employed by Huawei Dongguan since 2013.
`
`I provide this declaration in support of Defendants’ motion to transfer the above—
`
`captioned action to the United States District Court for the Northern District of California.
`
`I
`
`submit this declaration based upon my personal knowledge of the corporate structure of Huawei
`
`Dongguan and Huawei Device Co., Ltd. (“Huawei Device”), and my reasonable investigation of
`
`the location of witnesses and evidence related to the Huawei devices, and certain Android
`
`appliCations available for those devices, which I understand plaintiff AGIS Software
`
`Development, LLC (“AGIS”) has accused of patent infringement. If called as a witness, I would
`
`and could testify competently as to the same.
`
`
`
`Case 2:17-cv-00513-JRG Document 36-2 Filed 11/14/17 Page 1 of 4 PageID #: 427
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS Software Development, LLC
`
`Plaintiff,
`
`CIVIL ACTION NO. 2:17—cv—513-JRG
`
`JURY TRIAL DEMANDED
`
`
`
`HUAWEI DEVICE USA INC., HUAWEI
`DEVICE CO., LTD. AND HUAWEI DEVICE
`
`(DONGGUAN) CO., LTD.
`
`Defendants.
`
`DECLARATION OF ZHU LIU IN SUPPORT OF DEFENDANTS’ MOTION TO
`
`TRANSFER VENUE
`
`I, Zhu Liu, state and declare as follows:
`
`I am a Principal Engineer at Huawei Device (Dongguan) Co., Ltd. (“Huawei
`
`Dongguan”) and work out of Huawei Dongguan’s Shenzhen office, People’s Republic of China.
`
`I have been employed by Huawei Dongguan since 2013.
`
`I provide this declaration in support of Defendants’ motion to transfer the above—
`
`captioned action to the United States District Court for the Northern District of California.
`
`I
`
`submit this declaration based upon my personal knowledge of the corporate structure of Huawei
`
`Dongguan and Huawei Device Co., Ltd. (“Huawei Device”), and my reasonable investigation of
`
`the location of witnesses and evidence related to the Huawei devices, and certain Android
`
`appliCations available for those devices, which I understand plaintiff AGIS Software
`
`Development, LLC (“AGIS”) has accused of patent infringement. If called as a witness, I would
`
`and could testify competently as to the same.
`
`
`
`Case 2:17-cv-00513-JRG Document 36-2 Filed 11/14/17 Page 2 of 4 PageID #: 428
`
`c5134?1%4'cv400's'1é—"jréé" " sseum'émsea 'Filéd'ii/14717” "page; of 4 "baggie“.ta;”423" " '
`
`Huawei Device is a Chinese corporation headquartered in Shenzhen, China that
`
`manufactures and markets mobile phones, tablet computers and other electronic devices.
`
`Huawei Device has no employees based or facilities located in the United States.
`
`Huawei Dongguan is a Chinese corporation with a principal place of business in
`
`Shenzhen and Dongguan, China. Huawei Dongguan is a direct subsidiary of Huawei Device and
`
`an indirect subsidiary of Huawei Technologies Co., Ltd. (“Huawei Technologies”), which is a
`
`diversified Chinese multinational networking and telecommunications equipment and service
`
`company headquartered in Shenzhen, China. Huawei Dongguan has no employees based or
`
`facilities located in the United States.
`
`Huawei Dongguan and Huawei Device design and manufacture Huawei
`
`smartphones and tablets, including smartphones and tablets intended for sale within the United
`
`I understand that AGIS has accused the following Huawei smartphone devices of
`
`infringement: The Union, Mate 9, Nexus 6P, GXS and P8lite devices (the “Accused Devices”).
`
`Huawei Dongguan designed, developed, and manufactures the Mate 9 and P8 Lite outside of the
`
`United States. Huawei Device designed, developed, and manufactures the Union, Nexus 6P,
`
`GX8 and P8 Lite outside of the United States.
`
`To the best of my knowledge after a reasonable investigation, no design,
`
`development, or manufacture of Huawei smartphone and tablet products by Huawei Dongguan
`
`or Huawei Device occurs within the United States, including the State of Texas.
`
`Huawei Device USA is responsible for US. sales and marketing of Huawei
`
`smartphones and tablets, including the Accused Devices, manufactured by Huawei Dongguan
`
`and Huawei Device. Huawei Dongguan and Huawei Device also work with Huawei Device
`
`USA on certain smartphone and tablet product research and development efforts, including
`
`
`
`Case 2:17-cv-00513-JRG Document 36-2 Filed 11/14/17 Page 3 of 4 PageID #: 429
`
`Case 2:17-cv-00513-JRG Document 36-2 Filed 11/14/17 Page 3 of 4 PageID #: 429
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`configuration of Huawei’s smartphones and tablet products to be compatible with or support
`
`third—party software applications. These efforts include work with software applications
`
`provided by Google LLC (“Google”).
`
`I understand that AGIS has alleged that Huawei Android-
`
`based smartphone and tablets are compatible with or support certain Android applications and/or
`
`features provided by Google.
`
`Huawei Dongguan and Huawei Device, in conjunction with Huawei Device USA,
`
`work closely with Google to integrate the above—mentioned Google applications into the
`
`Accused Devices. Huawei Dongguan and Huawei Device install the Google applications as
`
`supplied by Google on the Accused Devices outside of the United States. Huawei Dongguan and
`
`Huawei Device does not alter or modify the software applications that are supplied by Google.
`
`The employees of Huawei Dongguan and Huawei Device who are most
`
`knowledgeable about the design, development, and manufacture of the Accused Devices,
`
`including the installation of Google software on those devices, work and/or reside in China.
`
`Specifically, the following Huawei Dongguan and Huawei Device employees are knowledgeable
`
`concerning the design and manufacture efforts described above with respect to the Accused
`
`9 Cui Qingyu is an Engineer at the Wuhan facility who is responsible for basic ROM
`
`application platform development and the integration of the Google software onto the
`
`Accused Devices.
`
`em— Gui Zhuomin is a software Engineer at the Wuhan facility who is responsible for
`
`managing the test of smartphone software and ensuring the conformity of software
`
`with Mobile Application Distribution Agreement with Google.
`
`
`
`Case 2:17-cv-00513-JRG Document 36-2 Filed 11/14/17 Page 4 of 4 PageID #: 430
`
`"baggage17-'¢v-oosis;:rzé :s‘acuménissa Filled 11/14/17 ”pagem 4'p'agéub #3 141301
`
`To the best of my knowledge after a reasonable investigation, Huawei Device and
`
`Huawei Dongguan do not have any relevant witnesses located in the State of Texas.
`
`All documents and data related to the Accused Devices that are maintained by
`
`Huawei Dongguan and Huawei Device are maintained in China and primarily at their Shenzhen
`
`and Guangdong facilities. The documents maintained and accessible from those locations in
`
`China include:
`
`9 Technical data concerning the creation, design, development and manufacture of the
`
`Accused Devices, including all specifications, schematics, or other documentation
`
`regarding the functionality of the Accused Devices.
`
`9 Corporate records and business data, including documents concerning marketing and
`
`sales of the Accused Devices.
`
`Huawei Dongguan and Huawei Device do not maintain any documents or other information
`
`related to the Accused Devices that might be relevant to this action in Texas.
`
`I declare under penalty of perjury that the foregoing is true and correct. Executed in Shenzhen,
`
`China on November 9, 2017.
`
`Zhu Liu
`
`
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