`
`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 DAVID WIGGINS IN SUPPORT OF DEFENDANT HTC
`,CORPORA TIO N'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
`
`138159043.1
`
`
`
`Case 2:17-cv-00514-JRG Document 29-2 Filed 01/22/18 Page 2 of 3 PageID #: 204
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`I, David Wiggins, hereby declare as follows:
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`1.
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`I am an employee of HTC America, Inc. ("HTC America"). In particular, I am
`
`the Executive Patent Litigation Director for HTC America. HTC America's office is located in
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`Seattle, Washington and I maintain a remote office in San Diego. I have personal knowledge of
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`the following facts or access to information and/or records allowing me to confirm these facts.
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`If called as a witness, I could and would competently testify thereto.
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`2.
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`HTC America imports, into the United States, smartphones made by HTC
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`Corporation. HTC America does not have any employee responsible for importing, marketing, or
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`selling in the Eastern District of Texas. The employees responsible for importing, marketing, or
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`selling smartphones are primarily located in the State of Washington.
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`3.
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`HTC America's employees based in Washington are foreseeable witnesses in this
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`case. Prospective witnesses include Nigel Newby-House, AVP, Product Planning & Go-To(cid:173)
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`Market, Seattle, WA and Andrew Pudduck, VP Marketing, Seattle, WA.
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`4.
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`HTC America does not sell smartphones directly to any end user consumer in the
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`United States. HTC America sells smartphones to third-party distributors and carriers in the
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`United States. HTC America does not control when and where third parties sell smartphones to
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`end users within the United States. HTC America does not target the Eastern District of Texas
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`in marketing, design, or sales nor does it direct any third-party to sell or market smartphones in
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`the Eastern District of Texas.
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`5.
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`HTC America maintains its records relating to sales, finance, marketing, market
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`analysis, and forecasts in the state of Washington. HTC America does not maintain any
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`documents in the Eastern District of Texas.
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`138159043.1
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`2
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`
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`Case 2:17-cv-00514-JRG Document 29-2 Filed 01/22/18 Page 3 of 3 PageID #: 205
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`6.
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`HTC America Innovation, Inc. ("HTC Innovation") is a Washington State
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`corporation with its headquarters in Washington. HTC Innovation has a facility in San
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`Francisco that employees of HTC America can use to work remotely and securely access
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`documents.
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`I declare under penalty of perjury under the laws of the United States of America that the
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`foregoing facts are true and correct based on my own personal knowledge, including information
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`provided to me by knowledgeable HTC America employees.
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`Date:
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`1-:i..2-.20! ff'
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`David Wiggins
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`138159043. I
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`3
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`