`Case 2:17-cv—00514-JRG Document 29-8 Filed 01/22/18 Page 1 of 6 PageID #: 251
`
`
`
`EXHIBIT 5
`
`EXHIBIT 5
`
`
`
`Case 2:17-cv-00514-JRG Document 29-8 Filed 01/22/18 Page 2 of 6 PageID #: 252
`
`
`
`
`
`
`
`
`
`
`
`Exhibit 1
`
`
`
`Case 2:17-cv-00514-JRG Document 29-8 Filed 01/22/18 Page 3 of 6 PageID #: 253
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`
`CASE NO. 14-cv-80651-DMM
`
`ADV AN CED GROUND INFORMATION
`SYSTEMS, INC.,
`
`VS
`
`LIFE360, INC.,
`
`Plaintiff.
`
`Defendant.
`
`JURY TRIAL DEMANDED
`
`DECLARATION OF MALCOLM K. BEYER, JR.
`
`I, Malcolm K. Beyer, Jr. declare:
`
`1.
`
`I live in Jupiter, Florida, with my wife, Margaret Beyer. We have lived in Jupiter,
`
`2.
`
`3.
`
`Florida, for nearly three decades.
`
`I am 75 years old and Mrs. Beyer is 69 years old.
`
`I am the Chief Executive Officer and Chairman of the Board of Directors of Advanced
`
`Ground Information Systems, Inc. ("AGIS"). I have held those positions since forming
`
`the company in 2004. At my direction, AGIS has been in the business of developing
`
`location-based communication software for the military and first responders since
`
`AGIS's inception.
`
`4.
`
`AGIS was incorporated in the state of Florida in 2004. AGIS 's principal place of
`
`business is 92 Lighthouse Drive, Jupiter, Florida 33469 ("the Jupiter Office"). AGIS has
`
`maintained that location as its principal place of business since its formation in 2004.
`
`
`
`Case 2:17-cv-00514-JRG Document 29-8 Filed 01/22/18 Page 4 of 6 PageID #: 254
`
`5.
`
`I am the named inventor of nwnerous patt:nt:s. I umkr:stan<l that four of those:: pate::nt:s
`
`have been asserted against Life360, Inc. ("Life360") in this case: United States Patent
`
`No. 7 ,031, 728 entitled "Cellular Phone/PD A Communication System" (hereinafter "the
`
`' 728 Patent"), United States Patent No. 7,764,954 entitled "Method of Providing Cell
`
`Phones in a Cell Phone Signal Strength Chart of Multiple Cell Phones in a
`
`Communication Network" (hereinafter "the '954 Patent"), United States Patent No.
`
`8, 126,441 entitled "Method of Establishing a Cell Phone Network of Participants with a
`
`Common Interest" (hereinafter "the '441 Patent"); and United States Patent No.
`
`7,672,681 entitled "Method of Renaming Soft Switch Controls in all Participant' s Cell
`
`Phones by an Administrator" (hereinafter "the ' 681 Patent") (collectively, the "Patents(cid:173)
`
`in-Suit"). The Patents-in-Suit are assigned to AGIS.
`
`6.
`
`In early 2004, in Jupiter, Florida, I began work that would ultimately result in the Patents(cid:173)
`
`in-Suit. I am the sole inventor of the Patents-in-Suit, and I was entirely responsible for
`
`the work that resulted in the patented inventions.
`
`7.
`
`In 2004, I retained a local patent attorney named Barry Haley to prosecute the
`
`applications that resulted in the Patents-in-Suit. To my knowledge, Mr. Haley has
`
`worked in the Ft. Lauderdale, Florida office of the lawfirm of Malin Haley DiMaggio &
`
`Bowen, P.A. since 2004.
`
`8.
`
`To my knowledge, all documents related to the conception, reduction to practice, and
`
`prosecution of the Patents-in-Suit, a significant portion of which are in paper form, are
`
`located either at AGIS's Jupiter Office or at the offices of Malin Haley DiMaggio &
`
`Bowen in Ft. Lauderdale.
`
`9.
`
`AGIS currently employs 5 people at the Jupiter Office, including Mrs. Beyer and myself.
`
`- 2 -
`
`
`
`Case 2:17-cv-00514-JRG Document 29-8 Filed 01/22/18 Page 5 of 6 PageID #: 255
`
`10.
`
`AGIS conducts most of its business in the Jupiter Office, including the majority of
`
`correspondence with potential customers, as well as product testing and deployment.
`
`11. Mrs. Beyer is AGIS's corporate secretary and has held th~t position since 2004. She
`
`maintains all of the corporate records, largely in paper form, at the Jupiter Office.
`
`12.
`
`AGIS's Chief Financial Officer, Ronald Wisneski, has worked at the offices of Wisneski
`
`& Associates, P.A., in Jupiter, Florida, since AGIS's formation. He currently maintains,
`
`and has maintained, AGIS ' s financial records, including a significant volume of paper
`
`documents, at the Wisneski & Associates office in Jupiter, Florida.
`
`13.
`
`AGIS's president, Sandel Blackwell, lives and works in Kansas. In 2010, AGIS opened a
`
`satellite office in Lenexa, Kansas ("the Satellite Office"), where Mr. Blackwell currently
`
`works with two other AGIS employees. Mr. Blackwell has worked for AGIS full-time
`
`since 2010. Mr. Blackwell frequently travels to the Jupiter Office for AG IS-related
`
`business.
`
`14.
`
`I have reviewed Exhibit B to the Maune declaration, and I note that it references DUNS
`
`NUMBER: 55-755-6482. I also note that Exhibit B to the Maune declaration lists an
`
`address in Shawnee Mission, Kansas.
`
`15.
`
`I reviewed AGIS's company records, and I confirmed that AGIS does not currently have
`
`an office in Shawnee Mission, Kansas. I also confirmed that AGIS's DUNs number is
`
`actually 17-609-2364.
`
`16.
`
`To my knowledge, the "DUNS NUMBER" and address referenced in Exhibit B to the
`
`Maune declaration are artifacts of a classified AGIS project that did not relate to mobile
`
`location-based communication software, or to the Patents-in-Suit. This classified project
`
`.., - .) -
`
`
`
`Case 2:17-cv-00514-JRG Document 29-8 Filed 01/22/18 Page 6 of 6 PageID #: 256
`
`required Mr. Blackwell to establish a temporary classified facility at his house in
`
`Shawnee Mission. Kansas.
`
`17.
`
`AGIS no longer maintains that classified facility in Shawnee Mission, Kansas. AGIS's
`
`sole satellite office is in Lenexa, Kansas.
`
`18.
`
`Almost all of AGIS's electronic and paper documents are housed in either the Jupiter
`
`Office, or at the office of Wisneski & Associates in Jupiter, Florida. Mr. Blackwell does
`
`not keep paper files in the Satellite Office. All current AGIS products are deployed from
`
`servers located at the Jupiter Office (i.e., AGIS's source code repository is here, as are
`
`servers that are accessed by the users of AGIS's software). Additionally, much of
`
`AGIS's product testing is performed in the Jupiter Office.
`
`19.
`
`No current AGIS employees live or work in the state of California.
`
`20.
`
`To my knowledge, no former AGIS employees currently reside in the state of California.
`
`21.
`
`To my knowledge, no AGIS documents are located in the state of California.
`
`22.
`
`23.
`
`To my knowledge, AGIS has never made any sales in the state of California.
`
`To my knowledge, no AGIS customer has ever downloaded or used any of AGIS's
`
`software in California.
`
`24.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Dated: July 11 , 2014
`
`- 4 -
`
`