Case 2:17-cv-00516-JRG Document 53-2 Filed 11/13/17 Page 1 of 5 PageID #: 505
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`v.
`
`
`APPLE INC.,
`
`
`
`
`
`
`Defendant.
`
`Civil Action No. 2:17-CV-516-JRG
`
`
`DECLARATION OF KERRI-ANN LIMBEEK IN SUPPORT OF
`DEFENDANT APPLE’S MOTION TO TRANSFER VENUE
`TO THE NORTHERN DISTRICT OF CALIFORNIA
`
`
`I, Kerri-Ann Limbeek, declare that:
`
`1.
`
`I am an associate with the law firm of Desmarais LLP, counsel of record for
`
`Defendant Apple Inc. (“Apple”) in the above-captioned matter, and I am admitted pro hac vice
`
`to this Court. I submit this declaration based on personal knowledge, and if called upon as a
`
`witness, I could competently testify to the truth of each statement herein.
`
`2.
`
`I make this Declaration in support of Defendant Apple’s Motion to Transfer
`
`Venue to the Northern District of California.
`
`3.
`
`Attached hereto as Exhibit 1 is a true and correct copy of the cover pleading for
`
`Plaintiff’s Disclosure of Asserted Claims and Infringement Contentions, served on October 6,
`
`2017 in this action. It has been highlighted for clarity.
`
`4.
`
`Attached hereto as Exhibit 2 is a true and correct copy of the Final Judgment,
`
`which issued April 26, 2017 in the action Advanced Ground Information Systems, Inc. v.
`
`Life360, Inc., 9:14-cv-80651-DMM, (S.D. Fla.), D.I. 171.
`
` 1
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`v.
`
`
`APPLE INC.,
`
`
`
`
`
`
`Defendant.
`
`Civil Action No. 2:17-CV-516-JRG
`
`
`DECLARATION OF KERRI-ANN LIMBEEK IN SUPPORT OF
`DEFENDANT APPLE’S MOTION TO TRANSFER VENUE
`TO THE NORTHERN DISTRICT OF CALIFORNIA
`
`
`I, Kerri-Ann Limbeek, declare that:
`
`1.
`
`I am an associate with the law firm of Desmarais LLP, counsel of record for
`
`Defendant Apple Inc. (“Apple”) in the above-captioned matter, and I am admitted pro hac vice
`
`to this Court. I submit this declaration based on personal knowledge, and if called upon as a
`
`witness, I could competently testify to the truth of each statement herein.
`
`2.
`
`I make this Declaration in support of Defendant Apple’s Motion to Transfer
`
`Venue to the Northern District of California.
`
`3.
`
`Attached hereto as Exhibit 1 is a true and correct copy of the cover pleading for
`
`Plaintiff’s Disclosure of Asserted Claims and Infringement Contentions, served on October 6,
`
`2017 in this action. It has been highlighted for clarity.
`
`4.
`
`Attached hereto as Exhibit 2 is a true and correct copy of the Final Judgment,
`
`which issued April 26, 2017 in the action Advanced Ground Information Systems, Inc. v.
`
`Life360, Inc., 9:14-cv-80651-DMM, (S.D. Fla.), D.I. 171.
`
` 1
`
`
`
`
`
`Case 2:17-cv-00516-JRG Document 53-2 Filed 11/13/17 Page 2 of 5 PageID #: 506
`
`5.
`
`Attached hereto as Exhibit 3 is a true and correct copy of the formal mandate,
`
`which issued March 13, 2015 in the action Advanced Ground Information Systems, Inc. v.
`
`Life360, Inc., 9:14-cv-80651-DMM, (S.D. Fla.), D.I. 210.
`
`6.
`
`Attached hereto as Exhibit 4 is a true and correct copy of an Order Granting In
`
`Part And Denying In Part Defendant’s Motion For Attorneys’ Fees, dated December 1, 2015, in
`
`the action Advanced Ground Information Systems, Inc. v. Life360, Inc., 9:14-cv-80651-DMM,
`
`(S.D. Fla.), D.I. 200.
`
`7.
`
`Attached hereto as Exhibit 5 is a true and correct copy of the United States Patent
`
`and Trademark Office Assignment abstract for U.S. Patent No. 8,213,970, which was produced
`
`by plaintiff bearing production numbers AGISTX_00006039-AGISTX_00006040. It has been
`
`highlighted for clarity.
`
`8.
`
`Attached hereto as Exhibit 6 is a true and correct copy of the United States Patent
`
`and Trademark Office Assignment abstract for U.S. Patent No. 9,408,055, which was produced
`
`by plaintiff bearing production numbers AGISTX_00006041-AGISTX_00006042. It has been
`
`highlighted for clarity.
`
`9.
`
`Attached hereto as Exhibit 7 is a true and correct copy of the United States Patent
`
`and Trademark Office Assignment abstract for U.S. Patent No. 9,445,251, which was produced
`
`by plaintiff bearing production numbers AGISTX_00006043-AGISTX_00006044. It has been
`
`highlighted for clarity.
`
`10.
`
`Attached hereto as Exhibit 8 is a true and correct copy of the United States Patent
`
`and Trademark Office Assignment abstract for U.S. Patent No. 9,467,838, which was produced
`
`by plaintiff bearing production numbers AGISTX_00006045-AGISTX_00006046. It has been
`
`highlighted for clarity.
`
` 2
`
`
`
`
`
`Case 2:17-cv-00516-JRG Document 53-2 Filed 11/13/17 Page 3 of 5 PageID #: 507
`
`11.
`
`Attached hereto as Exhibit 9 is a true and correct copy of the website
`
`https://www.agisinc.com/ accessed on November 9, 2017. Exhibit 9 lists the address of AGIS,
`
`Inc.’s “Main Office” as 92 Lighthouse Drive, Jupiter, FL 33469. It has been highlighted for
`
`clarity.
`
`12.
`
`Attached hereto as Exhibit 10 is a true and correct copy of the Declaration of
`
`Malcolm K. Beyer, Jr. submitted in support of AGIS, Inc.’s Opposition To Defendant’s Motion
`
`To Transfer, dated July 11, 2014, in the action Advanced Ground Information Systems, Inc. v.
`
`Life360, Inc., 9:14-cv-80651-DMM, (S.D. Fla.), D.I. 32-1.
`
`13.
`
`Attached hereto as Exhibit 11 is a true and correct copy the Certificate of
`
`Formation for AGIS Software LLC, filed June 1, 2017. The Certificate of Formation lists as its
`
`governing organization AGIS Holdings Inc., at the address 192 Lighthouse Drive, Jupiter, FL
`
`33469. The Certificate of Formation lists as is organizer Thomas C. Meriam, at the address 620
`
`Eighth Ave., Floor 24, New York, NY 10018. The Certificate of Formation lists the address of
`
`its registered agent as 211 E. 7th Street, Suite 620, Austin, TX 78701-3218. It has been
`
`highlighted for clarity.
`
`14.
`
`Attached hereto as Exhibit 12 is a true and correct copy the Certificate of
`
`Correction for AGIS Software Development LLC, filed June 27, 2017. The Certificate of
`
`Correction corrects AGIS Holdings Inc.’s address to 92 Lighthouse Drive, Jupiter, FL 33469. It
`
`has been highlighted for clarity.
`
`15.
`
`Attached hereto as Exhibit 13 is a true and correct copy of an excerpt of
`
`Plaintiff’s Initial Disclosures to Defendant Apple, Inc., served on October 11, 2017 in this action.
`
`16.
`
`Attached hereto as Exhibit 14 is a true and correct copy of excerpts of the
`
`prosecution history for U.S. Patent No. 9,408,055, which was produced by plaintiff bearing
`
` 3
`
`
`
`
`
`Case 2:17-cv-00516-JRG Document 53-2 Filed 11/13/17 Page 4 of 5 PageID #: 508
`
`production
`
`numbers
`
`AGISTX_00004732,
`
`AGISTX_00004743-AGISTX_00004745,
`
`AGISTX_00005105-AGISTX_00005106. It has been highlighted for clarity.
`
`17.
`
`Attached hereto as Exhibit 15 is a true and correct copy of excerpts of the
`
`prosecution history for U.S. Patent No. 9,445,251, which was produced by plaintiff bearing
`
`production numbers AGISTX_00004010, AGISTX_00004015, AGISTX_00004353. It has been
`
`highlighted for clarity.
`
`18.
`
`Attached hereto as Exhibit 16 is a true and correct copy of excerpts of the
`
`prosecution history for U.S. Patent No. 9,467,838, which was produced by plaintiff bearing
`
`production
`
`numbers AGISTX_00002315, AGISTX_00002332- AGISTX_00002333,
`
`AGISTX_00002379- AGISTX_00002380. It has been highlighted for clarity.
`
`19.
`
`Attached hereto as Exhibit 17 is a true and correct copy of excerpts of the
`
`prosecution history for U.S. Patent No. 9,749,829, which was produced by plaintiff bearing
`
`production
`
`numbers
`
`AGISTX_00003133,
`
`AGISTX_00003384-AGISTX_00003386,
`
`AGISTX_00003416-AGISTX_00003417, AGISTX_00003605. It has been highlighted for
`
`clarity.
`
`20.
`
`Attached hereto as Exhibit 18 is a true and correct copy of the website
`
`https://www.linkedin.com/in/danburnspatent/ accessed on November 9, 2017. Exhibit 18 is the
`
`Linked In page for Dan Burns. In the “Experience” section, the website lists Futurewei
`
`Technologies, Inc. Dec 2016 – Present in Santa Clara, California and Goodwin Proctor LLP Oct
`
`2013 – Dec 2016 in Silicon Valley. It has been highlighted for clarity.
`
`21.
`
`Attached hereto as Exhibit 19 is a true and correct copy of the website
`
`https://www.distancecalculator.net/ accessed on November 9, 2017, calculating the distance
`
`between Redmond, WA and San Francisco, CA as 685 miles. It has been highlighted for clarity.
`
` 4
`
`
`
`
`
`Case 2:17-cv-00516-JRG Document 53-2 Filed 11/13/17 Page 5 of 5 PageID #: 509
`
`22.
`
`Attached hereto as Exhibit 20 is a true and correct copy of the website
`
`https://www.distancecalculator.net/ accessed on November 9, 2017, calculating the distance
`
`between Redmond, WA and Marshall, TX as 1,787 miles. It has been highlighted for clarity.
`
`23.
`
`The difference between the distance from Redmond, WA to Marshall, TX and the
`
`distance from Redmond, WA to San Francisco, CA is 1,102 miles.
`
`24.
`
`Attached hereto as Exhibit 21 is a true and correct copy of excerpts of the United
`
`States District Court—National Judicial Caseload Profile, Reporting Period June 30, 2017, which
`
`was
`
`accessed
`
`on
`
`November
`
`9,
`
`2017
`
`at
`
`http://www.uscourts.gov/sites/default/files/data_tables/fcms_na_appprofile0630.2017.pdf. It has
`
`been highlighted for clarity.
`
`Executed on November 13, 2017, in New York, NY.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /s/ Kerri-Ann Limbeek___
` Kerri-Ann Limbeek
`
`
`
`
`
`
`
`
`
`
` 5
`
`
`
`
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
