Case 2:17-cv-00513-JRG Document 36-3 Filed 11/14/17 Page 1 of 4 PageID #: 431
`Case 2:17-cv-00513-JRG Document 36-3 Filed 11/14/17 Page 1 of 4 PageID #: 431
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT, LLC
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`Plaintiff,
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`V.
`
`
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`HUAWEI DEVICE USA INC., HUAWEI
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`DEVICE CO., LTD. AND HUAWEI DEVICE
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`(DONGGUAN) CO., LTD.
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`Defendants.
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`CIVIL ACTION NO. 2: 17-cv-5 13-JRG
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`JURY TRIAL DEMANDED
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`DECLARATION OF YAO WANG IN SUPPORT OF
`DEFENDANTS’ MOTION TO TRANSFER VENUE
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`I, Yao Wang, state and declare as follows:
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`1.
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`I am a Principal Engineer at Huawei Device USA, Inc. (“Huawei Device USA”) and
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`work out of Huawei Device USA’s Santa Clara, California office. I have been employed by Huawei
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`Device USA since 2008. I work in the America Research Center of Huawei Device USA as the
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`interface person with Google.
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`2.
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`I provide this declaration in support of Defendants’ motion to transfer the above-
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`captioned action to the United States District Court for the Northern District of California. I submit
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`this declaration based upon my personal knowledge of the corporate structure of Huawei Device
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`USA and its parent companies, and my reasonable investigation of the location of witnesses and
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`evidence related to the Huawei devices, and certain Android applications available for those
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`devices, which I understand plaintiff AGIS Software Development, LLC (“AGIS”) has accused of
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`patent infringement. If called as a witness, I would and could testify competently as to the same.
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`

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`Case 2:17-cv-00513-JRG Document 36-3 Filed 11/14/17 Page 2 of 4 PageID #: 432
`Case 2:17-cv-00513-JRG Document 36-3 Filed 11/14/17 Page 2 of 4 PageID #: 432
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`3.
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`Huawei Device USA is a Texas corporation with its principal place of business
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`located at 5700 Tennyson Parkway, Suite 600, Plano, Texas 75024. Huawei Device USA is a
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`wholly owned subsidiary of Huawei Device (Hong Kong) Co., Ltd., which is a wholly owned
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`subsidiary of Huawei Device Co., Ltd. Huawei Technologies Co., Ltd. (“Huawei
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`Technologies”), which is a diversified Chinese multinational networking and
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`telecommunications equipment and service company headquartered in Shenzhen, China, is a
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`parent company to Huawei Device Co., Ltd.
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`4.
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`Huawei Device USA sells a range of consumer products throughout the United
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`States (“U.S.”), including smartphones, tablets, wearable devices and accessories. The consumer
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`products sold within the U.S. by Huawei Device USA, including specifically Huawei Android-
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`based smartphones and tablets, are designed and manufactured outside the U.S. by non-U.S.
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`subsidiaries of Huawei Technologies. No design or manufacture of Huawei smartphone and tablet
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`hardware occurs within the U.S., including the State of Texas.
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`5.
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`In addition to selling Huawei Technologies’ consumer products in the U.S.,
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`Huawei Device USA also participates in research, development and testing efforts for the
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`Huawei Technologies’ smartphone and tablet products sold within the U.S. I understand that
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`AGIS has accused the following Huawei smartphone devices of infringement: The Union, Mate
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`9, Nexus 6P, GX8 and P81ite devices (the “Accused Devices”). Huawei Device USA’s research,
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`development and testing for those products occurs primarily within California at Huawei Device
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`USA’s facilities in the State of California. In particular, Huawei DeviceUSA has offices in Santa
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`Clara and Mountain View, California. Huawei Device USA currently has over 50 employees in
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`these two facilities. The Santa Clara and Mountain View facilities in Northern California are
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`involved in the research, development, and marketing of Huawei smartphones in
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`

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`Case 2:17-cv-00513-JRG Document 36-3 Filed 11/14/17 Page 3 of 4 PageID #: 433
`Case 2:17-cv-00513-JRG Document 36-3 Filed 11/14/17 Page 3 of 4 PageID #: 433
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`the United States. Huawei Device USA also has an office in San Diego, California and currently
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`employs over 60 people involved in certain smartphone technology research and development.
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`Over half of the total Huawei Device USA employees work at Huawei facilities located in the
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`State of California. Only approximately 50 Huawei Device USA employees work in the Huawei
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`facility located in Plano, Texas.
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`6.
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`Huawei Device USA’s smartphone technology research and development efforts
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`include configuration of Huawei’s smartphone and tablet products to be compatible with or
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`support third-party software applications. These efforts include work with software applications
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`provided by Google LLC (“Google”). I understand that AGIS has alleged that Huawei Android-
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`based smartphone and tablets are compatible with or support certain Android applications and/or
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`features provided by Google, such as Google Maps, Android Device Manager, Find My Device,
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`Google Messages, Android Messenger, Google Hangouts, Google Plus and Google Latitude.
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`Huawei Device USA’s development team in Santa Clara, CA, within the Northern District of
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`California, primarily is responsible for working with Google with respect to those applications.
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`7.
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`The employees of Huawei USA who are most knowledgeable about the design,
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`development and testing of the accused smartphones work and/or reside in San Diego or Silicon
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`Valley.
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`8.
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`Huawei Device USA is also responsible for sales and marketing for Huawei
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`smartphones and tablets sold within the US. Huawei Device USA employs Wen Wen, who
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`works at the Bellevue facility and is responsible for sales and marketing of Huawei smartphones
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`and tablets in the US.
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`9.
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`While Huawei Device USA has its headquarters in Plano, Texas, none of its
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`Plano-based employees are involved in research or development of Huawei smartphones and
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`

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`Case 2:17-cv-00513-JRG Document 36-3 Filed 11/14/17 Page 4 of 4 PageID #: 434
`Case 2:17-cv-00513-JRG Document 36-3 Filed 11/14/17 Page 4 of 4 PageID #: 434
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`tablets, including the software installed on those devices, or sales and marketing of Huawei
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`smartphones and tablets in the US. Huawei Device USA’s Plano facility primarily handles
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`corporate-level functions that are not product or technology specific, such as human resources,
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`general administration, finance and service functions.
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`10.
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`Nearly all of Huawei Device USA’s documents relating to the research and
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`development, testing, sales and marketing of the accused Huawei smartphone and tablet
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`products, and certain Android applications and/or features available for those devices, are either
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`physically present in or electronically accessible from Huawei Device USA’s California facilities
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`in San Diego and Santa Clara.
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`I declare under penalty of perjury that the foregoing is true and correct. Executed in
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`Santa Clara, California on November 8, 2017.
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`Yao Wang J
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`