Case 2:17-cv-00513-JRG Document 74-3 Filed 01/05/18 Page 1 of 6 PageID #: 1610
`Case 2:17-cv—00513-JRG Document 74-3 Filed 01/05/18 Page 1 of 6 PageID #: 1610
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`EXHIBIT 3
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`EXHIBIT 3
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`Case 2:17-cv—00513-JRG Document 74-3 Filed 01/05/18 Page 1 of 6 PageID #: 1610
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`EXHIBIT 3
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`EXHIBIT 3
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`Case 9:14-cv-80651-DMM Document 32-1 Entered on FLSD Docket 07/11/2014 Page 1 of 5Case 2:17-cv-00513-JRG Document 74-3 Filed 01/05/18 Page 2 of 6 PageID #: 1611
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`Exhibit 1
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`Case 9:14-cv-80651-DMM Document 32-1 Entered on FLSD Docket 07/11/2014 Page 2 of 5Case 2:17-cv-00513-JRG Document 74-3 Filed 01/05/18 Page 3 of 6 PageID #: 1612
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
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`CASE NO. 14-cv-80651-DMM
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`JURY TRIAL DEMANDED
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`ADVANCED GROUND INFORMATION
`SYSTEMS, INC.,
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`Plaintiff.
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`vs
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`LIFE360, INC.,
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`Defendant.
`I
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`DECLARATION OF MALCOLM K. BEYER, JR.
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`I, Malcolm K. Beyer, Jr. declare:
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`1.
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`I live in Jupiter, Florida, with my wife, Margaret Beyer. We have lived in Jupiter,
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`2.
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`3.
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`Florida, for nearly three decades.
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`I am 75 years old and Mrs. Beyer is 69 years old.
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`I am the Chief Executive Officer and Chairman of the Board of Directors of Advanced
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`Ground Information Systems, Inc. ("AGIS"). I have held those positions since forming
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`the company in 2004. At my direction, AGIS has been in the business of developing
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`location-based communication software for the military and first responders since
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`AGIS's inception.
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`4.
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`AGIS was incorporated in the state of Florida in 2004. AGIS's principal place of
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`business is 92 Lighthouse Drive, Jupiter, Florida 33469 ("the Jupiter Office"). AGIS has
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`maintained that location as its principal place of business since its formation in 2004.
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`Case 9:14-cv-80651-DMM Document 32-1 Entered on FLSD Docket 07/11/2014 Page 3 of 5Case 2:17-cv-00513-JRG Document 74-3 Filed 01/05/18 Page 4 of 6 PageID #: 1613
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`5.
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`I am the named inventor of numerous patents. I understand that four of those patents
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`have been asserted against Life360, Inc. ("Life360") in this case: United States Patent
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`No. 7,031,728 entitled "Cellular Phone/PDA Communication System" (hereinafter "the
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`'728 Patent"), United States Patent No. 7,764,954 entitled "Method of Providing Cell
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`Phones in a Cell Phone Signal Strength Chart of Multiple Cell Phones in a
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`Communication Network" (hereinafter "the '954 Patent"), United States Patent No.
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`8,126,441 entitled "Method of Establishing a Cell Phone Network ofParticipants with a
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`Common Interest" (hereinafter "the '441 Patent"); and United States Patent No.
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`7,672,681 entitled "Method ofRenaming Soft Switch Controls in all Participant's Cell
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`Phones by an Administrator" (hereinafter "the '681 Patent") (collectively, the "Patents(cid:173)
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`in-Suit"). The Patents-in-Suit are assigned to AGIS.
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`6.
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`In early 2004, in Jupiter, Florida, I began work that would ultimately result in the Patents(cid:173)
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`in-Suit. I am the sole inventor of the Patents-in-Suit, and I was entirely responsible for
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`the work that resulted in the patented inventions.
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`7.
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`In 2004, I retained a local patent attorney named Barry Haley to prosecute the
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`applications that resulted in the Patents-in-Suit. To my knowledge, Mr. Haley has
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`worked in the Ft. Lauderdale, Florida office of the lawfirm of Malin Haley DiMaggio &
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`Bowen, P.A. since 2004.
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`8.
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`To my knowledge, all documents related to the conception, reduction to practice, and
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`prosecution of the Patents-in-Suit, a significant portion of which are in paper form, are
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`located either at AGIS's Jupiter Office or at the offices of Malin Haley DiMaggio &
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`Bowen in Ft. Lauderdale.
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`9.
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`AGIS currently employs 5 people at the Jupiter Office, including Mrs. Beyer and myself.
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`- 2 -
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`Case 9:14-cv-80651-DMM Document 32-1 Entered on FLSD Docket 07/11/2014 Page 4 of 5Case 2:17-cv-00513-JRG Document 74-3 Filed 01/05/18 Page 5 of 6 PageID #: 1614
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`10.
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`AGIS conducts most of its business in the Jupiter Office, including the majority of
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`correspondence with potential customers, as well as product testing and deployment.
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`11. Mrs. Beyer is AGIS's corporate secretary and has held th~t position since 2004. She
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`maintains all of the corporate records, largely in paper form, at the Jupiter Office.
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`12.
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`AGIS's ChiefFinancial Officer, Ronald Wisneski, has worked at the offices of Wisneski
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`& Associates, P.A., in Jupiter, Florida, since AGIS's formation. He currently maintains,
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`and has maintained, AGIS's financial records, including a significant volume of paper
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`documents, at the Wisneski & Associates office in Jupiter, Florida.
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`13.
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`AGIS's president, Sandel Blackwell, lives and works in Kansas. In 2010, AGIS opened a
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`satellite office in Lenexa, Kansas ("the Satellite Office"), where Mr. Blackwell currently
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`works with two other AGIS employees. Mr. Blackwell has worked for AGIS full-time
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`since 2010. Mr. Blackwell frequently travels to the Jupiter Office for AGIS-related
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`business.
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`14.
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`I have reviewed Exhibit B to the Maune declaration, and I note that it references DUNS
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`NUMBER: 55-755-6482. I also note that Exhibit B to the Maune declaration lists an
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`address in Shawnee Mission, Kansas.
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`15.
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`I reviewed AGIS's company records, and I confirmed that AGIS does not currently have
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`an office in Shawnee Mission, Kansas. I also confirmed that AGIS's DUNs number is
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`actually 17-609-2364.
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`16.
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`To my knowledge, the "DUNS NUMBER" and address referenced in Exhibit B to the
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`Maune declaration are artifacts of a classified AGIS project that did not relate to mobile
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`location-based communication software, or to the Patents-in-Suit. This classified project
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`- 3-
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`Case 9:14-cv-80651-DMM Document 32-1 Entered on FLSD Docket 07/11/2014 Page 5 of 5Case 2:17-cv-00513-JRG Document 74-3 Filed 01/05/18 Page 6 of 6 PageID #: 1615
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`required Mr. Blackwell to establish a temporary classified facility at his house in
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`Shawnee Mission, Kansas.
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`17.
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`AGIS no longer maintains that classified facility in Shawnee Mission, Kansas. AGIS's
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`sole satellite office is in Lenexa, Kansas.
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`18.
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`Almost all of AGIS' s electronic and paper documents are housed in either the Jupiter
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`Office, or at the office of Wisneski & Associates in Jupiter, Florida. Mr. Blackwell does
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`not keep paper files in the Satellite Office. All current AGIS products are deployed from
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`servers located at the Jupiter Office (i.e., AGIS's source code repository is here, as are
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`servers that are accessed by the users of AGIS's software). Additionally, much of
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`AGIS's product testing is performed in the Jupiter Office.
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`19.
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`No current AGIS employees live or work in the state of California.
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`20.
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`To my knowledge, no former AGIS employees currently reside in the state of California.
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`21.
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`22.
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`To my knowledge, no AGIS documents are located in the state of California.
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`To my knowledge, AGIS has never made any sales in the state of California.
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`23.
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`To my knowledge, no AGIS customer has ever downloaded or used any of AGIS's
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`software in California.
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`24.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Dated: July 11, 2014
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`~c(?c£zf~ v-/
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`Malcolm K. Beyer, Jr.
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`l/
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`- 4-
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