Case 2:17-cv-00516-JRG Document 53-1 Filed 11/13/17 Page 1 of 7 PageID #: 498
`Case 2:17-cv-00516—JRG Document 53-1 Filed 11/13/17 Page 1 of 7 PageID #: 498
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF TEXAS
`
`MARSHALL DIVISION
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`Plaintiff.
`
`Civil Action No. 2:1?-CV-516-JRG
`
`APPLE INC,
`
`Defendant.
`
`
`DECLARATION OF MICHAEL JAYNES IN SUPPORT OF APPLE INC.’S
`
`MOTION TO TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA
`
`UNDER 28 U.S.C.
`
`' 1404 a
`
`
`Case 2:17-cv-00516—JRG Document 53-1 Filed 11/13/17 Page 1 of 7 PageID #: 498
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF TEXAS
`
`MARSHALL DIVISION
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`Plaintiff.
`
`Civil Action No. 2:1?-CV-516-JRG
`
`APPLE INC,
`
`Defendant.
`
`
`DECLARATION OF MICHAEL JAYNES IN SUPPORT OF APPLE INC.’S
`
`MOTION TO TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA
`
`UNDER 28 U.S.C.
`
`' 1404 a
`
`
`
`Case 2:17-cv-00516-JRG Document 53-1 Filed 11/13/17 Page 2 of 7 PageID #: 499
`Case 2:17-cv-00516—JRG Document 53-1 Filed 11/13/17 Page 2 of 7 PageID #: 499
`
`1, Michael Jaynes, declare as follows:
`
`1.
`
`I am employed as a Senior Finance Manager at Apple Inc.
`
`in Sunnyvale,
`
`California and live in Northern California.
`
`I have been employed by Apple since January 2015.
`
`2.
`
`I make this declaration in support of Apple’s Motion to Transfer Venue To The
`
`Northern District Of California Under 28 U.S.C. § l404(a). Unless otherwise indicated below,
`
`the statements in this declaration are based on my personal knowledge, my review of corporate
`
`records maintained by Apple in the ordinary course of business, andfor my discussions with
`
`Apple employees.
`
`If called to testify as a witness, I could and would competently do so under
`
`oath.
`
`‘1
`3.
`
`Apple is a California corporation and was founded in 1976. Apple is a global
`
`business headquartered in Cupertino, Califomia, which is in the Northern District of Califomia.
`
`4.
`
`Apple designs and markets personal Computers, tablet computers, and mobile
`
`communications devices, and designs, develops, and sells a variety of related software and
`
`accessories.
`
`5.
`
`Apple’s management and primary research and development facilities are located
`
`in 'or near Cupertino, including surrounding cities such as Sunnyvale, all located in the Northern
`
`District of California. As of October 2017, Apple has approximately 30,000 employees who
`
`work in or near its Cupertino headquarters.
`
`6.
`
`I understand that AGIS Software Development LLC ("AGIS Software") filed the
`
`above-captioned patent infringement lawsuit against Apple in the United States District Court for
`
`the Eastern District of Texas.
`
`In its First Amended Complaint
`
`for Patent
`
`Infringement
`
`(“Complaint") filed on September IS, 201?, AGIS Software alleges infringement ofU.S. Patent
`
`
`
`Case 2:17-cv-00516-JRG Document 53-1 Filed 11/13/17 Page 3 of 7 PageID #: 500
`Case 2:17-cv-00516—JRG Document 53-1 Filed 11/13/17 Page 3 of 7 PageID #: 500
`
`Nos. 9,462,838; 9,445,251; 9,408,055; 8,213,970, and 9,749,829 (collectively, the “patents-in-
`
`suit”).
`
`1'.
`
`Based on the Complaint in this case,
`
`I understand that AGlS Software alleges
`
`patent infringement based on certain map-based communication features associated with Apple’s
`
`software applications such as, but not
`
`limited to: Apple Maps, Find My iPltone, Find My
`
`Friends, and Messages apps (the “accused features") in Apple’s iPhones, iPads, iPod Touches,
`
`and Apple Watches accused in paragraph 15 0f the Complaint and AGIS’s Infringement
`
`Contentions (the “accused devices").
`
`(Complaint 111115, 19-21, 28-30, 42-44, 56-58, 20-72;
`
`Plaintiff's Disclosure of Asserted Claims and Infringement Contentions, served October 6, 201?,
`
`at 2-6.)
`
`8.
`
`To the best of my knowledge, Apple’s activities related to the research, design,
`
`and development of the accused features occurred in or near Cupertino, California, as explained
`
`in further detail below. To the best of my knowledge after a reasonable investigation, and as
`
`explained in further detail below, Apple‘s employees knowledgeable about the research, design,
`
`and development of the accused features work in or around Cupertino.
`
`9.
`
`I spoke with Apple employee Raghu Pai.
`
`Raghu Pai
`
`is the Director of
`
`Engineering for iCloud at Apple and works in Sunnyvale, Califomia. Mr. Pai had responsibility
`
`over the design and development of the Find My iPhone and Find My Friends applications as
`
`well as the map based features of the Messages application accused of infringement. Mr. Pai
`
`continued that all Apple employees with knowledge about the design and development of the
`
`accused features work in or around Sunnyvale. Mr. Pai confirmed that he is not aware of anyone
`
`in the state of Texas who assisted or currently assists in the development or design of the accused
`
`features.
`
`
`
`Case 2:17-cv-00516-JRG Document 53-1 Filed 11/13/17 Page 4 of 7 PageID #: 501
`Case 2:17-cv-00516—JRG Document 53-1 Filed 11/13/17 Page 4 of 7 PageID #: 501
`
`10.
`
`I spoke with Apple employee Rahul Zingde.
`
`Rahul Zingde is a Senior
`
`Engineering Program Manager for iCloud at Apple and works in Sunnyvale, Califomia. Mr.
`
`Zingde has responsibility over the Find My Friends and Find My Phone applications as well as
`
`the map based features of the Messages application accused of infringement. Mr. Zingde
`
`confirmed that all Apple employees with knowledge about
`
`the design, development, and
`
`operation of the accused features work in or around Sunnyvale. Mr. Zingde confirmed that he is
`
`not aware of anyone in the state of Texas who assisted or currently assists in the development or
`
`design of the accused features.
`
`1 1.
`
`1 spoke with Apple employee Scott Lopatin. Scott Lopatin is a Software Engineer
`
`Manager at Apple and works in Sunnyvale, Califomia. Mr. Lopatin has responsibility over the
`
`client side software involved in the Find My iPhone and Find My Friends applications as well as
`
`the map based features of the Messages application accused of infringement. Mr. Lopatin
`
`confirmed that all Apple employees with knowledge about
`
`the design, development, and
`
`operation of the accused features work in or around Sunnyvale. Mr. Lopatin confirmed that he is
`
`not aware of anyone in the state of Texas who assisted or currently assists in the development or
`
`design of the accused features.
`
`12.
`
`I spoke with Apple employee Navin Supama. Navin Suparna is a Software
`
`Engineer Manager at Apple and works in Sunnyvale, California. Mr. Suparna has responsibility
`
`over the server side software involved in the Find My iPhone and Find My Friends applications
`
`as well as the map based features of the Messages application accused of infringement. Mr.
`
`Suparna confirmed that all Apple employees with knowledge about the design, development, and
`
`operation of the accused features work in or around Sunnyvale. Mr. Suparna confirmed that he
`
`
`
`Case 2:17-cv-00516-JRG Document 53-1 Filed 11/13/17 Page 5 of 7 PageID #: 502
`Case 2:17-cv-00516—JRG Document 53-1 Filed 11/13/17 Page 5 of 7 PageID #: 502
`
`is not aware of anyone in the state of Texas who assisted or currently assists in the development
`
`or design ofthe accused features.
`
`13.
`
`I spoke with Apple employee Roberto Garcia. Roberto Garcia is an Engineering
`
`Manager at Apple and works in Cupertino, California. Mr. Garcia was involved in the design
`
`and development of the map based features ofthe Messages application accused of infringement.
`
`Mr. Garcia confirmed that all Apple employees with knowledge about the design, deveIOpment,
`
`and operation of the map-based features of the Messages application work in or around
`
`Cupertino. Mr. Garcia confirmed that he is not aware of anyone in the state of Texas who
`
`assisted or currently assists in the development or design of the accused features.
`
`14.
`
`Based on my conversations with the individuals identified above, any Apple
`
`documents or data generated concerning the accused features reside on local computers and
`
`servers located in or around Cupertino, California.
`
`15.
`
`1 am knowledgeable about the sales and financial
`
`information concerning the
`
`accused devices.
`
`I work in Sunnyvale, California. Sales and financial data for the accused
`
`devices generally reside on servers located in or around Cupertino, California.
`
`l6.
`
`I spoke with Apple employee Evan Krasts. Evan Krasts is a Product Marketing
`
`Manager for iCloud at Apple and works in Cupertino, Califomia. Mr. Krasts is involved in the
`
`marketing of the accused features. Mr. Krasts confirmed that all of Apple employees with
`
`knowledge about the marketing of the accused features work in or around Cupertino. Mr. Krasts
`
`confirmed that he is not aware of any employees on Apple’s marketing team in the state of Texas
`
`who assisted or currently assists in the marketing of the accused features.
`
`
`
`Case 2:17-cv-00516-JRG Document 53-1 Filed 11/13/17 Page 6 of 7 PageID #: 503
`Case 2:17-cv-00516—JRG Document 53-1 Filed 11/13/17 Page 6 of 7 PageID #: 503
`
`17.
`
`All of the relevant documents concerning the marketing of the accused devices in
`
`the United States reside in or around Cupertino, California. None are located in the Eastern
`
`District of Texas.
`
`18.
`
`All of the relevant witnesses and documents generated concerning Apple
`
`licensing in the United States reside in or around Sunnyvale, California. None are located in the
`
`Eastern District of Texas.
`
`19.
`
`I am not aware of any relevant documents or any witnesses Apple anticipates
`
`calling at trial located in the Eastern District of Texas.
`
`20.
`
`Apple operates more than 2?0 retail stores in the United States. Apple has more
`
`than 50 retail stores in California, including 18 in the Northern District of California. Apple has
`
`two retail stores in the Eastern District of Texas.
`
`I am not aware ofany employees in those retail
`
`stores, or anywhere else in the Eastern District of Texas, who have been involved in the research,
`
`design, development, or marketing of the accused features. To the extent that the accused
`
`devices were sold or used in the Eastern District of Texas, they were sold and used nationwide,
`
`and, to Apple‘s knowledge, were not and are not used in any manner or degree differently than
`
`they were and are used elsewhere.
`
`21.
`
`To the extent that the accused devices were sold through Apple’s online store and
`
`shipped to the Eastern District of Texas, they were sold and used nationwide and, to Apple’s
`
`knowledge, were not and are not used in any manner or degree differently than they were and are
`
`used elsewhere.
`
`22.
`
`Aside from two retail stores, Apple does not otherwise maintain any facilities er
`
`corporate offices in the Eastern District of Texas.
`
`I am not aware of any relevant business
`
`documents or records relating to the research, design, development, marketing, or manufacturing
`
`
`
`Case 2:17-cv-00516-JRG Document 53-1 Filed 11/13/17 Page 7 of 7 PageID #: 504
`Case 2:17-cv-00516—JRG Document 53-1 Filed 11/13/17 Page 7 of 7 PageID #: 504
`
`of the accused devices (or any Apple product) in the Eastern District of Texas, and I am unaware
`
`of any other potentially relevant evidence located there.
`
`I am not aware of any Apple employee
`
`with information relevant to this case who resides in the Eastern District of Texas.
`
`I declare under penalty of perjury under the laws of the United States that the foregoing is
`
`true and correct.
`
`a.
`
`Executed on Novemberg; 201 T in
`
`
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
