`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`Plaintiff,
`
`vs.
`
`CIVIL ACTION NO. 2:17-cv-514-JRG
`
`HTC CORPORATION,
`
`JURY TRIAL DEMANDED
`
`Defendant.
`
`DECLARATION OF RICHARD LIN IN SUPPORT OF DEFENDANT HTC
`CORPORATION'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(B)(2)
`OR, IN THE ALTERNATIVE, TRANSFER VENUE PURSUANT TO 28 U.S.C. § 1404(A)
`TO THE NORTHERN DISTRICT OF CALIFORNIA
`
`138159044.1
`
`
`
`Case 2:17-cv-00514-JRG Document 29-1 Filed 01/22/18 Page 2 of 3 PageID #: 201
`
`I, Richard Lin, hereby declare as follows:
`
`1.
`
`I am Vice President, Product Management at HTC Corporation ("HTC Corp.")
`
`My office is located in New Taipei City, Taiwan. I have personal knowledge of the following
`
`facts or access to information and/or records allowing me to confirm these facts.
`
`2.
`
`HTC Corp. is a Taiwanese corporation with a principal place of business in New
`
`Taipei City, Taiwan. HTC Corp. develops, tests, and manufactures Android smartphones in
`
`Taiwan. HTC Corp. developed, tested, and manufactured the Desire 626s, Ul 1, U Ultra, 10,
`
`and Bolt.
`
`3.
`
`The vast majority of HTC Corp.'s employees are located in Taiwan. HTC Corp.
`
`does not have any U.S. employees based in the Eastern District of Texas involved in the
`
`development and testing of its smartphones.
`
`4.
`
`HTC Corp. does not make, use, sell, offer for sale, advertise, or market any HTC
`
`products in the United States and Texas, nor does HTC Corp. import any HTC products into
`
`United States and Texas. HTC Corp. does not have any facilities, retail stores, or employees in
`
`the Eastern District of Texas.
`
`5.
`
`HTC Corp. does not target Texas in marketing, design, or sales. HTC Corp. does
`
`not direct any third-party to sell or market smartphones in Texas, and they are under no
`
`obligation to sell or market smartphones in Texas.
`
`6.
`
`HTC Corp.'s employees work in Taiwan to ensure that its Android smartphones
`
`adhere to Google Inc. 's ("Google") compliance requirements. HTC Corp. employees
`
`periodically work in the San Francisco bay area with Google employees.
`
`138159044.1
`
`2
`
`
`
`Case 2:17-cv-00514-JRG Document 29-1 Filed 01/22/18 Page 3 of 3 PageID #: 202
`
`7.
`
`HTC Corp. installs Google-made applications obtained from Google. HTC Corp.
`
`does not receive the source code to or modify Google-made apps and services such as Find My
`
`Device, Google Hangouts, Google Plus, Google Latitude, and Google Maps.
`
`8.
`
`HTC Corp. maintains its engineering, marketing, and finance documents in
`
`Taiwan. HTC Corp. does not maintain any records relating to engineering, marketing, and
`
`finance in the Eastern District of Texas.
`
`9.
`
`HTC America, Inc. ("HTC America") is a Washington State corporation with its
`
`principal place of business and headquarters in Seattle, Washington. HTC America is a
`
`subsidiary of HTC Corp.
`
`10.
`
`HTC America Innovation, Inc. ("HTC Innovation") is a Washington State
`
`corporation with its headquarters in Washington. HTC Innovation is a subsidiary of HTC Corp.
`
`and primarily focuses on industrial and usability design for smartphones. HTC Innovation has a
`
`facility in San Francisco that employees of HTC Corp. can use to work remotely and securely
`
`access documents. HTC Innovation does not have any facilities or employees in the Eastern
`
`District of Texas.
`
`I declare under penalty of perjury under the laws of the United States of America that the
`
`foregoing facts are true and con-ect based on my own personal knowledge.
`
`Date:
`
`Richard Lin
`
`138159044.l
`
`3
`
`
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