`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS Software Development, LLC
`
`
`
`Plaintiff,
`
`v.
`
`HUAWEI DEVICE USA INC., HUAWEI
`DEVICE CO., LTD. AND HUAWEI DEVICE
`(DONGGUAN) CO., LTD.
`
`Defendants.
`
`CIVIL ACTION NO. 2:17-cv-513-JRG
`
`
`JURY TRIAL DEMANDED
`
`
`
`DECLARATION OF BRYAN P. CLARK IN SUPPORT OF
`DEFENDANTS’ MOTION TO TRANSFER VENUE
`
`
`I, Bryan P. Clark, state and declare as follows:
`
`1.
`
`I am a member of The Webb Law Firm, counsel of record for Defendants Huawei
`
`Device USA Inc., Huawei Device Co., Ltd., and Huawei Device (Dongguan) Co., Ltd. I am a
`
`member of the Bar of the State of Pennsylvania and have been admitted to practice in the United
`
`States District Court for the Eastern District of Texas. I provide this declaration in support of
`
`Defendants’ motion to transfer the above-captioned action to the United States District Court for
`
`the Northern District of California. I submit this declaration based upon my personal knowledge
`
`of the subject matters addressed by this declaration. If called as a witness, I would and could
`
`testify competently as to the same.
`
`2.
`
`I was counsel of record for LIFE360, Inc. in a patent infringement action brought
`
`against it in 2014 by Plaintiff’s predecessor, Advanced Ground Information Systems, Inc. in the
`
`Southern District of Florida, captioned Advanced Ground Information Systems, Inc. v. LIFE360,
`
`Inc., United States District Court for the Southern District of Florida Case No. 9:14-cv-80651
`
`(the “Florida Action”). In the Florida Action, Advanced Ground Information Systems, Inc.
`
`
`
`1
`
`
`
`Case 2:17-cv-00513-JRG Document 74-4 Filed 01/05/18 Page 2 of 2 PageID #: 1617
`
`asserted U.S. Patent No. 7,031,728, which is the ultimate parent of each of the patents-in-suit in
`
`this action, as well as three other patents that claim priority to the same parent applications as
`
`the patents-in-suit in this action. The technology accused of infringement in the Florida Action
`
`was a smartphone app that allows users to form groups with other users, view the locations of
`
`the other users on a map, and engage in communications, such as text communications, with the
`
`other users.
`
`3.
`
`Attached hereto as Exhibit A is a true and correct copy of the Initial
`
`Disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) served by Advanced Ground
`
`Information Systems, Inc. in the Florida Action. These disclosures did not identify Eric
`
`Armstrong or David Sietsema as relevant witnesses. Advanced Ground Information Systems,
`
`Inc. never updated these disclosures to identify Messrs. Armstrong or Sietsema.
`
`Messrs. Armstrong and Sietsema also were never deposed in the Florida Action.
`
`4.
`
`Attached hereto as Exhibit B is a true and correct copy of Advanced Ground
`
`Information Systems, Inc.’s Pretrial Disclosures in the Florida Action. The pretrial disclosures
`
`do not identify Eric Armstrong or David Sietsema as trial witnesses to be presented either live
`
`or by deposition. During the five day trial in the Florida Action, neither Mr. Armstrong nor
`
`Mr. Sietsema was called as a witness.
`
`I declare under penalty of perjury that the foregoing is true and correct. Executed in
`
`Pittsburgh, Pennsylvania on January 2, 2018.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Bryan P. Clark
`
`
`
`2
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
