Case 2:17-cv-00513-JRG Document 56-2 Filed 12/12/17 Page 1 of 5 PageID #: 1140
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`AGIS SOFTWARE DEVELOPMENT
`LLC,
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` Plaintiff,
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`v.
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`HUAWEI DEVICE USA INC., ET AL.,
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`Case No. 2:17-cv-0513-JRG
`(LEAD CASE)
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`JURY TRIAL DEMANDED
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`DECLARATION OF VINCENT J. RUBINO, III IN OPPOSITION TO
`HUAWEI DEFENDANTS’ MOTION TO TRANSFER VENUE
`TO THE NORTHERN DISTRICT OF CALIFORNIA
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`I, Vincent J. Rubino III, being duly sworn, hereby depose and state as follows:
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` Defendants.
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`1.
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`I am a member of Brown Rudnick LLP, counsel of record for Plaintiff AGIS
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`Software Development LLC (“AGIS”). I am a member of the Bar of the State of New York and
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`have been admitted to practice in the United States District Court for the Eastern District of
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`Texas. I make this declaration in opposition to the Motion to Transfer Venue to the Northern
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`District of California filed by Defendants Huawei Device USA, Inc., Huawei Device Co. Ltd.,
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`Huawei Device (Dongguan) Co., Ltd. (collectively, “Huawei”). The statements in this
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`declaration are based upon my review of information obtained from public records, except where
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`noted.
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`2.
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`Attached hereto as Exhibit 1 are a true and correct copy of the Motion of
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`Defendants Amazon.com, Inc., Blackberry Limited, Blackberry Corporation, HTC Corporation,
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`HTC America, Inc., Huawei Technologies Co., Ltd., Huawei Device USA, Inc., Motorola
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`Case 2:17-cv-00513-JRG Document 56-2 Filed 12/12/17 Page 2 of 5 PageID #: 1141
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`Mobility LLC, Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung
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`Telecommunications America, LLC to Transfer to the Northern District of California (the
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`“ContentGuard Transfer Motion”), filed on April 15, 2014 in ContentGuard Holdings, Inc. v.
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`Amazon.com, Inc et al., Case No. 2:13-cv-01112-JRG (E.D. Tex.) and the Declaration of James
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`Jiang filed on April 15, 2014 in support of the ContentGuard Transfer Motion. ContentGuard
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`Holdings, Inc. v. Amazon.com, Inc et al., Case No. 2:13-cv-01112-JRG, D.I. 110, 110-17 (E.D.
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`Tex. Apr. 15, 2014).
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`3.
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`Attached hereto as Exhibit 2 are a true and correct copy of Plaintiff ContentGuard
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`Holdings, Inc.’s Response to Motion to Transfer to the Northern District of California (Dkt. 110)
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`and the Declaration of Radu A. Lelutiu in Support of Plaintiff ContentGuard Holdings, Inc.’s
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`Response to Defendant’s Motion to Transfer to the Northern District of California (Dkt. 110),
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`filed on May 2, 2014 in opposition to the ContentGuard Transfer Motion. ContentGuard
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`Holdings, Inc. v. Amazon.com, Inc et al., Case No. 2:13-cv-01112-JRG, D.I. 125, 125-1 (E.D.
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`Tex. May 2, 2014).
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`4.
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`Attached hereto as Exhibit 3 is a true and correct copy of the Memorandum
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`Opinion and Order denying the ContentGuard Transfer Motion, which was entered on March 31,
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`2015. ContentGuard Holdings, Inc. v. Amazon.com, Inc et al., Case No. 2:13-cv-01112-JRG,
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`D.I. 472 (E.D. Tex. March 31, 2015).
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`5.
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`Attached hereto as Exhibit 4 is a true and correct copy of distances calculated “as
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`the crow flies” using the website: http://tjpeiffer.com/crowflies.html, between: 1) 5700
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`Tennyson Parkway, Plano, Texas and 100 East Houston Street, Marshall, Texas; 2) 5700
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`Tennyson Parkway, Plano, Texas and San Francisco, California; 3) Lenexa, Kansas and 100 East
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`Houston Street, Marshall, Texas; 4) Lenexa, Kansas and San Francisco, California; 5) Jupiter,
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`2
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`Case 2:17-cv-00513-JRG Document 56-2 Filed 12/12/17 Page 3 of 5 PageID #: 1142
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`Florida and 100 East Houston Street, Marshall, Texas; 6) Jupiter, Florida and San Francisco,
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`California; 7) Allen, Texas and San Francisco, California; 5) Jupiter, Florida and 100 East
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`Houston Street, Marshall, Texas; 8) Allen, Texas and San Francisco; 9) Shenzen, China to 100
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`East Houston Street, Marshall, Texas; 10) Shenzen, China to San Francisco, California; 11)
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`Dongguan, China to 100 East Houston Street, Marshall, Texas; 12) Dongguan, China to San
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`Francisco, California; 13) Wuhan, China to 100 East Houston Street Marshall, Texas; 14)
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`Wuhan, China to San Francisco, California; 15) Sydney, Australia to 100 East Houston Street,
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`Marshall, Texas; 16) Sydney, Australia to San Francisco, California; 17) Austin, Texas to 100
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`East Houston Street, Marshall, Texas; and 18) Austin, Texas to San Francisco, California.
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`6.
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`Attached hereto as Exhibit 5 is a true and correct copy of an article by Kate
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`Weidaw for KXAN published on September 19, 2017, entitled “Google opens new downtown
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`Austin office,” as accessed on December 12, 2017 at http://kxan.com/2017/09/19/google-
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`opening-new-downtown-austin-office/.
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`7.
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`Attached hereto as Exhibit 6 is a true and correct copy of an article by Cindy
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`Widner for Curbed Austin published on September 25, 2017, entitled “Peek inside Google’s new
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`Austin offices-now with more photos (and info)!” as accessed on December 12, 2017, at
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`https://austin.curbed.com/2017/9/21/16346740/google-austin-office-new-photos-downtown.
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`8.
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`Based on my personal knowledge as counsel to AGIS, AGIS has retained Joseph
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`C. McAlexander to serve as an expert witness in support of this patent infringement action.
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`Mr. McAlexander is located at McAlexander Sound, Inc., 101 W. Renner Road, Suite 350,
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`Richardson, Texas 5082-2016.
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`9.
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` Third-party cellular carriers including AT&T, Sprint, and Verizon are likely to
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`possess information relating to the consumer demand and market value of the features enabled
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`3
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`Case 2:17-cv-00513-JRG Document 56-2 Filed 12/12/17 Page 4 of 5 PageID #: 1143
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`by the patents-in-suit, as well as consumer surveys and marketing information regarding demand
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`for particular software applications and features. According to AT&T’s website, AT&T is
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`headquartered in Dallas, Texas. See e.g., https://investors.att.com/resources/contacts. According
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`to Sprint’s website, Sprint is headquartered in Overland Park, Kansas. See e.g.,
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`https://www.sprint.com/en/support/contact-us.html#tab-business. According to Verizon’s
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`website, Verizon is headquartered in Basking Ridge, New Jersey. See e.g.,
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`http://www.verizon.com/about/our-company/verizon-corporate-headquarters. AGIS plans to
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`serve subpoenas on employees of least these three third-party companies.
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`10.
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`Attached hereto as Exhibit 7 is a true and correct copy of the LinkedIn Profile of
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`Bahadir 'Baha' Koseli available at https://www.linkedin.com/in/bahadir-baha-%E2%80%8B-
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`koseli-ms-53834118/.
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`11.
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`Attached hereto as Exhibit 8 is a true and correct copy of U.S. District Courts
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`Median Time Intervals from Filing to Disposition of Civil Cases Terminated, by District and
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`Method of Disposition, During 12 Month Period Ending March 31, 2017, and is currently
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`available at http://www.uscourts.gov/sites/default/files/data_tables/fjcs_c5_0331.2017.pdf.
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`12.
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`Attached hereto as Exhibit 9 a true and correct copy of the Memorandum Opinion
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`and Order from Core Wireless Licensing, S.A.R.I., v. Huawei, Inc., Civil Action No. 6:12-CV-
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`100 LED-JDL, 2013 WL 682849 (E.D. Texas Feb. 22, 2013).
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`13.
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`Attached hereto as Exhibit 10 is a true and correct copy of a LinkedIn Profile of
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`Keith Gladhill available at https://www.linkedin.com/in/keith-gladhill-0a002b89/.
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`14.
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`Attached hereto as Exhibit 11 is a true and correct copy of a Huawei Technologies
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`job listing for a “Test Engineer” position at its Plano location, which is accessible at
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`4
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`Case 2:17-cv-00513-JRG Document 56-2 Filed 12/12/17 Page 5 of 5 PageID #: 1144
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`https://www.glassdoor.com/job-listing/test-engineer-huawei-technologies-
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`JV_IC1140045_KO0,13_KE14,33.htm?jl=2570660964.
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`15.
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`Attached hereto as Exhibit 12 is a true and correct copy of an article by Bill
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`Hethcock for Dallas Business Journal published on November 11, 2009, entitled “Huawei makes
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`Plano expansion official” as accessed on December 12, 2017, available at
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`https://www.bizjournals.com/dallas/stories/2009/11/09/daily27.html.
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`I declare under penalty of perjury that the foregoing is true and correct to the best of my
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`knowledge. Executed on December 12, 2017.
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`/s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
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`5
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