`Case 2:17-cv-00516—JRG Document 59-1 Filed 01/02/18 Page 1 of 3 PageID #: 942
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE EASTERN DISTRICT OF TEXAS
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`MARSHALL DIVISION
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`; Civil Action No. 2:17-CV-516-JRG
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`APPLE INC.,
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`:
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`Defendant.
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`DECLARATION OF MICHAEL JAYNES IN SUPPORT OF APPLE INC.’S
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`MOTION TO TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA
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`UNDER 28 U.S.C. § l4041a)
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`
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`Case 2:17-cv-00516-JRG Document 59-1 Filed 01/02/18 Page 2 of 3 PageID #: 943
`Case 2:17-cv-00516—JRG Document 59-1 Filed 01/02/18 Page 2 of 3 PageID #: 943
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`1, Michael Jaynes, declare as follows:
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`1.
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`I am employed as a Senior Finance Manager at Apple Inc.
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`in Sunnyvale,
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`California and live in Northern California.
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`I have been employed by Apple since January
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`2015.
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`2.
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`I make this declaration in support of Apple’s Reply In Support of Its Motion to
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`Transfer Venue To The Northern District Of California Under 28 U.S.C. § 1404(a).
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`Unless otherwise indicated below, the statements in this declaration are based on my
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`personal knowledge, my review of corporate records maintained by Apple in the ordinary
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`course of business, and/or my discussions with Apple employees. If called to testify as a
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`witness, I could and would competently do so under oath.
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`3.
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`I spoke with Apple employee Frank Casanova. Frank Casanova is the Senior
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`Director of Worldwide Partner Marketing and works in Cupertino, California. Mr.
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`Casanova has responsibility for Apple’s marketing relationships with cellular carriers.
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`Mr. Casanova explained that any third party cellular carrier marketing of Apple products
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`and services is guided by his team at Apple. Mr. Casanova confirmed that to his
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`knowledge none of AT&T, Sprint, or Verizon has ever marketed any of the software
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`features accused in this case. Mr. Casanova confirmed that to his knowledge no third
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`party cellular carriers were involved in any marketing related to the accused features. Mr.
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`Casanova also confirmed that if any third party carrier were to market any Apple
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`application or software feature, those marketing activities would have been approved by
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`his team at Apple.
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`
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`Case 2:17-cv-00516-JRG Document 59-1 Filed 01/02/18 Page 3 of 3 PageID #: 944
`Case 2:17-cv-00516—JRG Document 59-1 Filed 01/02/18 Page 3 of 3 PageID #: 944
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`4.
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`In my November 8, 2017 declaration, I identified Apple engineers that developed
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`the accused technology. Those Apple engineers are in three specific groups at Apple:
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`iCloud Tools and Services, iCloud Project Management, and iOS Web Applications.
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`I
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`have verified that there is only one Apple employee in those three groups who is located
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`in the state of Texas: David Hyatt.
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`I spoke with Jon Lee, Mr. Hyatt’s manager at Apple.
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`Mr. Lee confirmed that Mr. Hyatt is a software developer and that Mr. Hyatt has worked
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`on Apple’s WebKit team, which relates to Apple’s Internet browser Safari, since he began
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`working at Apple 15 years ago. Mr. Lee confirmed that Mr. Hyatt did not have any
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`involvement in the design or development of any of the software applications or features
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`accused in this case. Although Mr. Lee and the WebKit team are based in Cupertino,
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`California, Mr. Hyatt works remotely from his home in The Woodlands, Texas.
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
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`true and correct.
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`Executed on December (J, 2017 in Lvflr'bf f'mo, g g:
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`«K 1 /
`Michael Jayne;
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`.
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`,
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