Case 2:17-cv-00513-JRG Document 68-2 Filed 12/29/17 Page 1 of 4 PageID #: 1455
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`AGIS SOFTWARE DEVELOPMENT, LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`HUAWEI DEVICE USA INC., HUAWEI
`DEVICE CO., LTD. AND HUAWEI
`DEVICE (DONGGUAN) CO., LTD.,
`
`
`Defendants.
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
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`Case No. 2:17-cv-513-JRG
`(LEAD CASE)
`
`JURY TRIAL DEMANDED
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`
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`
`
`Case No. 2:17-cv-515-JRG
`(CONSOLIDATED CASE)
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`JURY TRIAL DEMANDED
`
`
`
`v.
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`
`
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`LG ELECTRONICS, INC.,
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`
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`Defendant.
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`DECLARATION OF VINCENT J. RUBINO, III IN OPPOSITION TO
`DEFENDANT LG ELECTRONICS, INC.’S MOTION TO DISMISS FOR LACK
`OF PERSONAL JURISDICTION OR, IN THE ALTERNATIVE,
`TO TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA
`
`I, Vincent J. Rubino III, being duly sworn, hereby depose and state as follows:
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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 Dismiss for Lack of Personal
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`Jurisdiction or, in the Alternative, to Transfer Venue to the Northern District of California filed
`
`
`
`AGIS SOFTWARE DEVELOPMENT, LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`HUAWEI DEVICE USA INC., HUAWEI
`DEVICE CO., LTD. AND HUAWEI
`DEVICE (DONGGUAN) CO., LTD.,
`
`
`Defendants.
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`Case No. 2:17-cv-513-JRG
`(LEAD CASE)
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`Case No. 2:17-cv-515-JRG
`(CONSOLIDATED CASE)
`
`JURY TRIAL DEMANDED
`
`
`
`v.
`
`
`
`
`
`
`LG ELECTRONICS, INC.,
`
`
`
`
`
`
`Defendant.
`
`
`DECLARATION OF VINCENT J. RUBINO, III IN OPPOSITION TO
`DEFENDANT LG ELECTRONICS, INC.’S MOTION TO DISMISS FOR LACK
`OF PERSONAL JURISDICTION OR, IN THE ALTERNATIVE,
`TO TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA
`
`I, Vincent J. Rubino III, being duly sworn, hereby depose and state as follows:
`
`1.
`
`I am a member of Brown Rudnick LLP, counsel of record for Plaintiff AGIS
`
`Software Development LLC (“AGIS”). I am a member of the Bar of the State of New York and
`
`have been admitted to practice in the United States District Court for the Eastern District of
`
`Texas. I make this declaration in opposition to the Motion to Dismiss for Lack of Personal
`
`Jurisdiction or, in the Alternative, to Transfer Venue to the Northern District of California filed
`
`
`
`Case 2:17-cv-00513-JRG Document 68-2 Filed 12/29/17 Page 2 of 4 PageID #: 1456
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`by Defendant LG Electronics, Inc. (“LGEKR”). The statements in this declaration are based
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`upon my review of information obtained from public records, except where noted.
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`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of distances calculated “as
`
`the crow flies” using the website: http://tjpeiffer.com/crowflies.html, between:
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`1) Lenexa, Kansas and 100 East Houston Street, Marshall, Texas;
`2) Lenexa, Kansas and San Francisco, California;
`3) Jupiter, Florida and 100 East Houston Street, Marshall, Texas;
`4) Jupiter, Florida and San Francisco, California;
`5) Allen, Texas and 100 East Houston Street, Marshall, Texas;
`6) Allen, Texas and San Francisco, California;
`7) Redmond, Washington to 100 East Houston Street, Marshall, Texas;
`8) Redmond, Washington to San Francisco, California;
`9) Overland, Kansas to 100 East Houston Street, Marshall, Texas;
`10) Overland, Kansas to San Francisco, California;
`11) New York City to 100 East Houston Street Marshall, Texas;
`12) New York City to San Francisco, California;
`13) Dallas, Texas to 100 East Houston Street, Marshall, Texas;
`14) Dallas, Texas to San Francisco, California;
`15) Austin, Texas to 100 East Houston Street, Marshall, Texas; and
`16) Austin, Texas to San Francisco, California.
`Attached hereto as Exhibit 2 is a true and correct copy of an article by Kate
`3.
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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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`4.
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`Attached hereto as Exhibit 3 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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`
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`2
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`Case 2:17-cv-00513-JRG Document 68-2 Filed 12/29/17 Page 3 of 4 PageID #: 1457
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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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`5.
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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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`6.
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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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`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 at least these three third-party companies.
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`7.
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`Attached hereto as Exhibit 4 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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`8.
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`Attached hereto as Exhibit 5 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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`9.
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`Attached hereto as Exhibit 6 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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`3
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`Case 2:17-cv-00513-JRG Document 68-2 Filed 12/29/17 Page 4 of 4 PageID #: 1458
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`Method of Disposition, During 12 Month Period Ending March 31, 2017, available at
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`http://www.uscourts.gov/sites/default/files/data_tables/fjcs_c5_0331.2017.pdf.
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`10.
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`Attached hereto as Exhibit 7 is a true and correct copy of U.S. District Courts-
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`Combined Civil and Criminal Federal Court Management Statistics for the twelve-month period
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`ending March 31, 2017, available at
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`http://www.uscourts.gov/sites/default/files/data_tables/fcms_na_distprofile0331.2017.pdf.
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`11.
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`Attached hereto as Exhibit 8 is a true and correct copy of Defendant LG
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`Electronic Inc.’s Initial Disclosures served on AGIS on December 22, 2017.
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`12.
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`On November 28, 2017, LGEKR was served with infringement contentions
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`regarding the Patents-in-Suit. To comply with the requirements of this Court, the infringement
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`contentions include exemplary references to Android code from the Android 7 Nougat Release
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`1.0 which is publicly available at https://android.googlesource.com and additional Android API
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`references which are also publicly available at
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`https://developers.google.com/android/reference/packages.
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`13.
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`Attached hereto as Exhibit 9 is a true and correct copy of an Android document
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`describing a “Find My Phone” feature which is publicly available at
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`https://support.google.com/android/answer/6160491?hl=en.
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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 29, 2017.
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`/s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
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`4
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