Case 2:17-cv-00513-JRG Document 46-1 Filed 11/27/17 Page 1 of 5 PageID #: 1044
`Case 2:17-cv-00513-JRG Document 46-1 Filed 11/27/17 Page 1 of 5 PageID #: 1044
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
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`MARSHALL DIVISION
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`AGIS SOFTWARE DEVELOPIVIENT, LLC
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`Plaintiff,
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`CASE NO. 2:17—cv—515-JRG
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`V.
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`LG ELECTRONICS, INC.
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`Defendant.
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`JURY TRIAL DEMANDED
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`DECLARATION OF JUSEONG RYU IN SUPPORT OF
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`DEFENDANT’S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION
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`AND/OR TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA
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`I, JuSeong Ryu, state and declare as follows:
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`1.
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`I am a Senior Manager at LG Electronics, Inc. (“LGEKR”) and work in LGEKR’s
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`IP Center. As a Senior Manager at LGEKR, my job responsibilities include patent licensing and
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`patent litigation support.
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`2.
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`I provide this declaration in support of LGEKR’S motion to dismiss for lack of
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`personal jurisdiction or, in the alternative, to transfer venue to the United States District Court
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`for the Northern District of California. I submit this declaration based upon my knowledge of
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`the corporate structure of LGEKR and its subsidiary companies, and my investigation of the
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`location of witnesses and evidence related to the mobile devices that I understand plaintiff AGIS
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`Software Development, LLC (“AGIS”) has accused of patent infringement. If called as a
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`witness, I would and could testify competently as to the same.
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`3.
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`Based on AGIS’S complaint, I understand the following LG—branded mobile
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`phones have been accused: G Stylo, G6, X venture, V20, Phoenix, G5, K10, Phoenix 2, V10,
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`

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`Case 2:17-cv-00513-JRG Document 46-1 Filed 11/27/17 Page 2 of 5 PageID #: 1045
`Case 2:17-cv-00513-JRG Document 46-1 Filed 11/27/17 Page 2 of 5 PageID #: 1045
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`Vista 2, and Escape 2 (“Accused LG Devices”).
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`I also understand that, based on AGIS’S
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`complaint, certain applications for the Android Operating System (“Android OS”), on which the
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`Accused LG Devices operate, have been accused, and that some of these applications are alleged
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`to be provided by Google LLC (“Google”).
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`4.
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`LGEKR is a South Korean company headquartered in Seoul, South Korea, with
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`its principal place of business located at LG Twin Tower 128, Yeoui-daero, yeongdeungpogu,
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`Seoul, Korea. LGEKR is responsible for designing, engineering, sourcing components, and
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`manufacturing the Accused LG Devices. All of this work is done outside the United States,
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`mostly in South Korea.
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`5.
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`LG Electronics MobileComm U.S.A., Inc. (“LGEMU”) is a California company
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`with large offices in California, including in Santa Clara, California. LG Electronics
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`MobileResearch U.S.A., LLC (“LGEMR”) is a wholly-owned subsidiary of LGEMU. Like
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`LGEMU, LGEMR is also a California company. LGEMU (including its Wholly-owned
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`subsidiary LGEMR), and not LGEKR, is the only LG entity that imports, tests (including
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`through LGEMR), performs quality management on, markets, offers for sale, and sells the
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`Accused LG Devices in the United States. LGEMU sells products to national mobile device
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`carriers, retailers, and distributors, who in turn sell those products to end users throughout the
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`country, including the Northern District of California.
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`6.
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`LGEKR does not have any ownership of or title to the Accused LG Devices at
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`any point within the United States. Indeed, LGEMU, not LGEKR, independently controls and is
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`responsible for the distribution throughout the United States of the Accused LG Devices
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`acquired from LGEKR. Any distribution agreements with US. distributors related to the
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`Accused LG Devices is entered into by LGEMU, not LGEKR.
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`

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`Case 2:17-cv-00513-JRG Document 46-1 Filed 11/27/17 Page 3 of 5 PageID #: 1046
`Case 2:17-cv-00513-JRG Document 46-1 Filed 11/27/17 Page 3 of 5 PageID #: 1046
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`7.
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`The Android OS installed on the Accused LG Devices is an open-source
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`operating system for communication devices that was developed and is provided by Google, who
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`also provides certain Android OS applications, including for example, but not limited to, Google
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`Maps. As noted above, LGEKR manufactures the Accused LG Devices running the Android OS
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`outside the United States, meaning that the devices’ installation of the Android OS also occurs
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`outside the United States, including any pre—installation of the accused Google applications that
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`occurs during the manufacturing process. During the manufacturing process, LGEKR obtains
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`the Android OS from the Android Open Source Project (“AOSP”), which is led by Google. Any
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`modification made to the standard operating procedure set out by Google for the Android OS is
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`performed in South Korea. All technical information retained by LGEKR is located outside the
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`United States, and primarily in South Korea.
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`8.
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`LGEMR employees in LGEMU’s Northern California office are responsible for
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`the Android OS certification for the Accused LG Devices sold by LGEMU. Android OS
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`certification is a process by which Google and LGEMR ensure that LG-branded Android
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`products, including the Accused LG Devices, manufactured by LGEKR and imported and sold
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`by LGEMU adhere to Google’s Android OS compatibility requirements. The team of employees
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`in Northern California responsible for this certification is called the Partner Engineering team.
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`The Partner Engineering team, which is led by Cecilia Son, communicates and interacts with
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`Google personnel located in Google’s Mountain View, California headquarters.
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`9.
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`LGEMU employees working in California are responsible for testing and quality
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`management of the Accused LG Devices. For example, Michael Henson, who is the Senior
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`Director of Quality Management for LGEMU, is responsible for testing and quality management
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`of the Accused LG Devices, and he and his team are responsible for ensuring pre—launch and
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`

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`Case 2:17-cv-00513-JRG Document 46-1 Filed 11/27/17 Page 4 of 5 PageID #: 1047
`Case 2:17-cv-00513-JRG Document 46-1 Filed 11/27/17 Page 4 of 5 PageID #: 1047
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`post-launch quality assurance for those devices. Pre—launch quality assurance includes, for
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`instance, user-level testing, such as messaging, call feature testing, and browsing.
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`10.
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`There are no LGEKR, LGEMU, and LGEMR employees in Texas who are
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`involved in the designing, developing, or certification related to the Accused LG Devices.
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`11.
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`Documents and records relating to LGEMU products, such as testing, quality
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`management, and other similar types of documentation related to the Accused LG Devices, are
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`maintained in its California offices, including in Northern California. Documents and records
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`relating to Android OS certification of LGEMU products are also maintained in Northern
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`California. Sales agreements, marketing and market strategy documents and records are located
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`in California and/or New Jersey. Many of the documents described above exist on local
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`computers and servers that are not accessible outside of their respective offices.
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`12.
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`Documents and records relating to LGEKR’S activities described above are
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`located outside of the United States, and primarily in Korea.
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`13.
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`LGEKR does not manufacture, use, test, advertise, market, sell, offer to sell, trade,
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`import, package, or distribute any products or services in Texas, or anywhere else in the United
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`States. LGEKR does not have any employees or sales representatives, distributors, brokers,
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`Wholesalers or agents in Texas, and does not own or lease any real or personal property in Texas.
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`LGEKR does not maintain any inventory of products in Texas. LGEKR does not maintain any
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`bank accounts in Texas, and has not borrowed any money from any financial institution in Texas.
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`LGEKR does not pay taxes or franchise fees in Texas. LGEKR does not have any office or
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`telephone services or listings in Texas. LGEKR does not issue invoices, purchase orders, or
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`other sale—related documents to customers in Texas. LGEKR has not negotiated any business
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`contracts with any individuals or entities in Texas with respect to the sale or distribution of the
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`

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`Case 2:17-cv-00513-JRG Document 46-1 Filed 11/27/17 Page 5 of 5 PageID #: 1048
`Case 2:17-cv-00513-JRG Document 46-1 Filed 11/27/17 Page 5 of 5 PageID #: 1048
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`Accused LG Devices or any other LG-branded products. LGEKR is not qualified, authorized, or
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`otherwise chartered, registered, or licensed to conduct business in Texas.
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`14.
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`LGEKR maintains corporate separateness with its US. subsidiaries, including
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`LGEMU and LGEMR. LGEKR’s headquarters is separate from and different than LGEMU’s
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`and LGEMR’s headquarters. LGEKR’s assets and bank accounts are maintained separately from
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`any assets and bank accounts of LGEMU and LGEMR. LGEKR does not direct or have the
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`authority over the day-to-day operations of LGEMU or LGEMR. Indeed, LGEMU and LGEMR
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`have their own board of directors and observe their own corporate formalities.
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`15.
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`LGEKR is not responsible for maintaining the website for LG—branded products
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`that are Viewable from the United States (including http://www.lgeom/us/support—product). The
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`URL resolves to a different IP address depending upon the location from which one accesses the
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`site. For web users in Texas, or elsewhere in the United States, LG Electronics U.S.A., Inc. is
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`the entity that maintains the IP address associated with the website. The website is passive and
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`does not provide for the sale or offer for sale any of the Accused LG Devices.
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`I declare under penalty of perjury that the foregoing is true and correct. Executed in
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`Seoul, South Korea on November 27, 2017.
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`le/l Kenn; Rf a
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`JuSeong Ryu
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`