Case 2:17-cv-00516-JRG Document 57-2 Filed 12/11/17 Page 1 of 5 PageID #: 650
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff
`
`Defendant.
`
`
`
`
`
`Case No. 2:17-CV-0516-JRG
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`v.
`
`
`APPLE, INC.,
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`DECLARATION OF VINCENT J. RUBINO, III IN
`OPPOSITION TO DEFENDANT APPLE, INC.’S MOTION TO
`TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA
`
`I, Vincent J. Rubino III, being duly sworn, hereby depose and state as follows:
`
`1.
`
`I am a member of Brown Rudnick LLP, counsel of record for Plaintiff AGIS
`
`Software Development LLC (“AGIS”). I am a member of the Bar of the State of New York and
`
`have been admitted to practice in the United States District Court for the Eastern District of
`
`Texas. I make this declaration in opposition to the Motion to Transfer Venue to the Northern
`
`District of California filed by Defendant Apple, Inc. (“Apple”). The statements in this
`
`declaration are based upon my review of information obtained from public records, except where
`
`noted.
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of a September 2, 2016
`
`Fortune.com article discussing Apple’s largest campus location in Austin, Texas, available at
`
`http://fortune.com/2016/09/01/apple-austin-campus/ entitled “Where Apple Has Quietly Built Its
`
`Biggest Campus.”
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff
`
`Defendant.
`
`
`
`
`
`Case No. 2:17-CV-0516-JRG
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`v.
`
`
`APPLE, INC.,
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`DECLARATION OF VINCENT J. RUBINO, III IN
`OPPOSITION TO DEFENDANT APPLE, INC.’S MOTION TO
`TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA
`
`I, Vincent J. Rubino III, being duly sworn, hereby depose and state as follows:
`
`1.
`
`I am a member of Brown Rudnick LLP, counsel of record for Plaintiff AGIS
`
`Software Development LLC (“AGIS”). I am a member of the Bar of the State of New York and
`
`have been admitted to practice in the United States District Court for the Eastern District of
`
`Texas. I make this declaration in opposition to the Motion to Transfer Venue to the Northern
`
`District of California filed by Defendant Apple, Inc. (“Apple”). The statements in this
`
`declaration are based upon my review of information obtained from public records, except where
`
`noted.
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of a September 2, 2016
`
`Fortune.com article discussing Apple’s largest campus location in Austin, Texas, available at
`
`http://fortune.com/2016/09/01/apple-austin-campus/ entitled “Where Apple Has Quietly Built Its
`
`Biggest Campus.”
`
`
`
`Case 2:17-cv-00516-JRG Document 57-2 Filed 12/11/17 Page 2 of 5 PageID #: 651
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`3.
`
`Attached hereto as Exhibit 2 of a Westlaw search performed on December 8, 2017
`
`displaying Apple’s past litigations in the Eastern District of Texas dating back to 2013. An
`
`analysis of this list reflects Apple was a party to litigations in Eastern District of Texas over 100
`
`times during this period.
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`4.
`
`Attached hereto as Exhibit 3 is a true and correct copy of distances calculated “as
`
`the crow flies” using the website: http://tjpeiffer.com/crowflies.html, between: 1) Austin, Texas
`
`and 100 East Houston Street Marshall, Texas; 2) Austin, Texas and San Francisco, California; 3)
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`Lenexa, Kansas and 100 East Houston Street Marshall, Texas; 4) Lenexa, Kansas and San
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`Francisco, California; 5) Jupiter, Florida and 100 East Houston Street Marshall, Texas; 6)
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`Jupiter, Florida and San Francisco, California; 7) Allen, Texas and San Francisco, California; 5)
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`Jupiter, Florida and 100 East Houston Street Marshall, Texas; 8) Allen, Texas and San Francisco.
`
`5.
`
`Attached hereto as Exhibit 4 is a true and correct copy of an Apple Website,
`
`indicating the location of an Apple Store at 6121 West Park Boulevard Plano, TX 75093,
`
`available at: https://www.apple.com/retail/willowbend/.
`
`6.
`
`Attached hereto as Exhibit 5 is a true and correct copy of an Apple Website,
`
`indicating the location of an Apple Store at 2601 Preston Road Frisco, TX, 75034, available at:
`
`https://www.apple.com/retail/stonebriar/.
`
`7.
`
`Attached hereto as Exhibit 6 is a true and correct copy of an August 25th, 2017
`
`512tech article titled “As Apple continues its booming growth in Austin, CEO Tim Cook pays a
`
`visit” available at http://www.512tech.com/technology/apple-continues-its-booming-growth-
`
`austin-ceo-tim-cook-pays-visit/SqwmjDV51qzp4GoA3ZVlZO/.
`
`
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`2
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`
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`Case 2:17-cv-00516-JRG Document 57-2 Filed 12/11/17 Page 3 of 5 PageID #: 652
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`8.
`
`Attached hereto as Exhibit 7 is a true and correct copy of a CBS DFW article
`
`titled “Apple Creating 3,600 Jobs in Texas Facility” and is currently available at
`
`http://dfw.cbslocal.com/2012/03/09/apple-creating-3600-jobs-in-new-texas-facility/.
`
`9.
`
`Attached hereto as Exhibit 8 is a true and correct copy of a job posting for a
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`“Senior Back-End Software Engineer” position in Apple’s Dallas, Texas office on the Data
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`Center Network Team, which was posted on November 29, 2017, and is currently accessible at
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`https://www.glassdoor.com/job-listing/senior-back-end-software-engineer-apple-
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`JV_IC1139977_KO0,33_KE34,39.htm?jl=2600150569.
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`10.
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`Attached hereto as Exhibit 9 is a true and correct copy of “CAD Engineer -
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`HW/SW Interface” position in Apple’s Austin, Texas office, which was posted in November
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`2017, and is currently accessible at https://www.linkedin.com/jobs/view/cad-engineer-
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`%E2%80%93-hw-sw-interface-at-apple-464543955.
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`11.
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`Attached hereto as Exhibit 10 is a letter from Kerri-Ann Limbeek to Vincent
`
`Rubino dated December 1, 2017 titled “AGIS Software Development LLC v. Apple Inc. Civil
`
`Action No. 2:17-CV-516-JRG (E.D. Tex.).”
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`12.
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`Based on my personal knowledge as counsel to AGIS, AGIS has retained Joseph
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`C. McAlexander to serve as an expert witness in support of this patent infringement action. Mr.
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`McAlexander is located at McAlexander Sound, Inc., 101 W. Renner Road, Suite 350,
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`Richardson, Texas 5082-2016.
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`13.
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` Third-party cellular carriers including AT&T, Sprint, and Verizon are likely to
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`possess information relating to the consumer demand and market value of the features enabled
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`by the patents-in-suit, as well as consumer surveys and marketing information regarding demand
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`for particular software applications and features. According to AT&T’s website, AT&T is
`
`
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`3
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`
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`Case 2:17-cv-00516-JRG Document 57-2 Filed 12/11/17 Page 4 of 5 PageID #: 653
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`headquartered in Dallas, Texas. See e.g., https://investors.att.com/resources/contacts. According
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`to Sprint’s website, Sprint is headquartered in Overland Park, Kansas. See e.g.,
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`https://www.sprint.com/en/support/contact-us.html#tab-business. According to Verizon’s
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`website, Verizon is headquartered in Basking Ridge, New Jersey. See e.g.,
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`http://www.verizon.com/about/our-company/verizon-corporate-headquarters. AGIS plans to
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`serve subpoenas on employees of least these three third-party companies.
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`14.
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`Attached hereto as Exhibit 11 is a true and correct copy of the LinkedIn Profile of
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`Bahadir 'Baha' Koseli available at website: https://www.linkedin.com/in/bahadir-baha-
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`%E2%80%8B-koseli-ms-53834118/.
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`15.
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`Attached hereto as Exhibit 12 is a true and correct copy of U.S. District Courts
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`Median Time Intervals from Filing to Disposition of Civil Cases Terminated, by District and
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`Method of Disposition, During 12 Month Period Ending March 31, 2017, and is currently
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`available at http://www.uscourts.gov/sites/default/files/data_tables/fjcs_c5_0331.2017.pdf.
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`16.
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`Attached hereto as Exhibit 13 a true and correct copy of a relevant excerpt of
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`Federal Court Management Statistics report entitled “U.S. District Courts - Federal Court
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`Management Statistics - Profiles,” for the reporting period September 30, 2017, which is
`
`accessible at
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`http://www.uscourts.gov/sites/default/files/data_tables/fcms_na_distprofile0930.2017.pdf.
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`17.
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` Attached hereto as Exhibit 14 a true and correct copy of the Memorandum
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`Opinion and Order from the Core Wireless Licensing, S.A.R.I., v. Apple, Inc., Civil Action No.
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`6:12-CV-100 LED-JDL, 2013 WL 682849 (E.D. Texas Feb. 22, 2013).
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`18.
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`Attached hereto as Exhibit 15 is a true and correct copy of a LinkedIn Profile of
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`Keith Gladhill available at website: https://www.linkedin.com/in/keith-gladhill-0a002b89/.
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`4
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`Case 2:17-cv-00516-JRG Document 57-2 Filed 12/11/17 Page 5 of 5 PageID #: 654
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`I declare under penalty of perjury that the foregoing is true and correct to the best of my
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`knowledge. Executed on December 11, 2017.
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`/s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
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