Case 2:17-cv-00514-JRG Document 29-3 Filed 01/22/18 Page 1 of 5 PageID #: 206
`
`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 MIGUEL J. BOMBACH 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 TRANSFER VENUE
`PURSUANT TO 28 U.S.C. § 1404(A) TO THE NORTHERN DISTRICT OF
`CALIFORNIA
`
`
`
`
`
`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 MIGUEL J. BOMBACH 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 TRANSFER VENUE
`PURSUANT TO 28 U.S.C. § 1404(A) TO THE NORTHERN DISTRICT OF
`CALIFORNIA
`
`
`
`
`
`Case 2:17-cv-00514-JRG Document 29-3 Filed 01/22/18 Page 2 of 5 PageID #: 207
`
`I, Miguel J. Bombach, hereby declare as follows:
`
`1.
`
`I am an attorney at the law firm of Perkins Coie LLP and counsel of record for
`
`HTC Corp. in the above entitled matter. I am a member of good standing of the California and
`
`United States Patent and Trademark Bar and am admitted to practice in the Eastern District of
`
`Texas.
`
`2.
`
`I make this declaration in support of HTC’s Motion to Dismiss or, in the
`
`Alternative, Transfer Venue to the Northern District of California.
`
`3.
`
`Attached hereto as Exhibit 1 is a true and correct copy of Advanced Ground Info.
`
`Sys. v. Life360, Inc., No. 9:14-cv-80651, D.I. 200 (S.D. Fla. 2015), an order which granted
`
`attorney’s fees to Life360.
`
`4.
`
`Attached hereto as Exhibit 2 is a true and correct copy of Advanced Ground Info.
`
`Sys. v. Life360, Inc., No. 9:14-cv-80651, D.I. 210 (S.D. Fla. 2017), a Rule 36 affirmance of the
`
`Southern District of Florida’s order.
`
`5.
`
`Attached hereto as Exhibit 3 is a true and correct copy of Advanced Ground Info.
`
`Sys. v. Life360, Inc., No. 9:14-cv-80651, D.I. 167 (S.D. Fla. 2015), the verdict form showing
`
`non-infringement of the ’728 patent.
`
`6.
`
`Attached hereto as Exhibit 4 is a true and correct copy of Advanced Ground Info.
`
`Sys. v. Life360, Inc., No. 9:14-cv-80651, D.I. 1 (S.D. Fla. 2015), complaint showing that U.S.
`
`Pat. No. 7,031,728 was asserted.
`
`7.
`
`Attached hereto as Exhibit 5 is a true and correct copy of Advanced Ground Info.
`
`Sys. v. Life360, Inc., No. 9:14-cv-80651, D.I. 32-1 (S.D. Fla. 2014), declaration of Malcolm
`
`Beyer .
`
`
`
`2
`
`
`
`Case 2:17-cv-00514-JRG Document 29-3 Filed 01/22/18 Page 3 of 5 PageID #: 208
`
`8.
`
`Attached hereto as Exhibit 6 is a true and correct copy of a website printout from
`
`https://www.agisinc.com/about/patents/.
`
`9.
`
`Attached hereto as Exhibit 7 is a true and correct copy of a website printout from
`
`https://oedci.uspto.gov/OEDCI/practitionerDetails?regisNum=50222 showing Mr. Burns’
`
`current business address in Santa Clara, CA.
`
`10.
`
`Attached hereto as Exhibit 8 is a true and correct copy of Uniloc USA, Inc. et al v.
`
`Apple Inc., No. 2:17-cv-00258-JRG, D.I. 104 (E.D. Tex. 2017).
`
`11.
`
`Attached hereto as Exhibit 9 is a true and correct copy of a website screen capture
`
`from Google Maps showing the approximate distance from New Taipei City, Taiwan to
`
`Marshall, Texas.
`
`12.
`
`Attached hereto as Exhibit 10 is a true and correct copy of a website screen
`
`capture from Google Maps showing the approximate distance from New Taipei City, Taiwan to
`
`San Francisco, California.
`
`13.
`
`Attached hereto as Exhibit 11 is a true and correct copy of a print-out of a search
`
`for flights to San Francisco from Taiwan on expedia.com.
`
`14.
`
`Attached hereto as Exhibit 12 is a true and correct copy of a print-out of a search
`
`for flights to Dallas from Taiwan on expedia.com.
`
`15.
`
`Attached hereto as Exhibit 13 is a true and correct copy of a print-out from
`
`Google Maps showing driving time from DFW International Airport to Marshall, Texas.
`
`16.
`
`Attached hereto as Exhibit 14 is a true and correct copy of a print-out of a search
`
`for flights to Shreveport from Taiwan on expedia.com.
`
`
`
`3
`
`
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`Case 2:17-cv-00514-JRG Document 29-3 Filed 01/22/18 Page 4 of 5 PageID #: 209
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`17.
`
`Attached hereto as Exhibit 15 is a true and correct copy of a website screen
`
`capture from Google Maps showing the approximate distance from San Francisco, California to
`
`Marshall, Texas.
`
`18.
`
`Attached hereto as Exhibit 16 is a true and correct copy of a print-out of a search
`
`for flights to Shreveport from San Francisco on expedia.com.
`
`19.
`
`Attached hereto as Exhibit 17 is a true and correct copy of a print-out of a search
`
`for flights to Dallas from San Francisco on expedia.com.
`
`20.
`
`Attached hereto as Exhibit 18 is a true and correct copy of a print-out of a search
`
`for flights to San Francisco from Miami on expedia.com.
`
`21.
`
`Attached hereto as Exhibit 19 is a true and correct copy of a print-out of a search
`
`for flights to Shreveport from Miami on expedia.com.
`
`22.
`
`Attached hereto as Exhibit 20 is a true and correct copy of a website screen
`
`capture from Google Maps showing the approximate distance from Lenexa, Kansas to Marshall,
`
`Texas.
`
`23.
`
`Attached hereto as Exhibit 21 is a true and correct copy of a print-out of a search
`
`for flights to San Francisco from Kansas City on expedia.com.
`
`24.
`
`Attached hereto as Exhibit 22 is a true and correct copy of a print-out of a search
`
`for flights to Shreveport from Kansas City on expedia.com.
`
`25.
`
`Attached hereto as Exhibit 23 is a true and correct copy of a print-out of a search
`
`for flights to Shreveport from Austin on expedia.com.
`
`26.
`
`Attached hereto as Exhibit 24 is a true and correct copy of a print-out of a search
`
`for flights to San Francisco from Austin on expedia.com.
`
`
`
`4
`
`
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`Case 2:17-cv-00514-JRG Document 29-3 Filed 01/22/18 Page 5 of 5 PageID #: 210
`
`27.
`
`Attached hereto as Exhibit 25 is a true and correct copy of 3G Licensing, SA, et
`
`al. v. HTC Corp. et al, No. 17-83-LPS-CJB, D.I. 73 (D. Del. 2017).
`
`28.
`
`Attached hereto as Exhibit 26 is a true and correct copy of a print-out of a search
`
`for flights to San Francisco from Seattle on expedia.com.
`
`29.
`
`Attached hereto as Exhibit 27 is a true and correct copy of a website screen
`
`capture from Google Maps showing the approximate distance from Seattle to San Francisco.
`
`30.
`
`Attached hereto as Exhibit 28 is a true and correct copy of a print-out of a search
`
`for flights to Shreveport from Seattle.
`
`31.
`
`Attached hereto as Exhibit 29 is a true and correct copy of a website screen
`
`capture from Google Maps showing the approximate distance from Seattle to Marshall.
`
`32.
`
`Attached hereto as Exhibit 30 is a true and correct copy of AGIS’s infringement
`
`contentions against HTC Corp.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed this 22nd day of January, 2018, in San Diego, California.
`
`/s/ Miguel Bombach
`Miguel Bombach
`
`
`
`5
`
`
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