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`DECLARATION OF JEFF YEE IN SUPPORT OF DEFENDANTS’ MOTION TO
`TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA
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`I, Jeff Yee, declare under penalty of perjury as follows:
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`1.
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`I was a Vice President of ZTE (USA) Inc. (“ZTA”) from December 2014 to September 2017, and
`am now a Vice President of ZTE Corporation (“ZTC”). I previously worked in the ZTA office
`located in Milpitas, California, and continue to work for ZTC from Milpitas, California.
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`2. As part of my job duties for ZTA, I had the responsibility for product planning of applications and
`services integrated with ZTA smartphones, and for the creation and use of the ZTA mobile
`developer ecosystem. In this capacity, I was responsible for interacting with Google Inc. on
`issues that included Android‐based applications that are or can be integrated into ZTA
`smartphones. I also had access to and am familiar with relevant information regarding the
`operations, staff, and physical presence of ZTA personnel related to many of the Android‐based
`applications that are integrated into ZTA smartphones.
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`3.
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`I make this declaration in support of Defendants’ motion to transfer venue in the above‐
`captioned action. This declaration is based upon my personal knowledge and, if called as a
`witness, I could and would testify competently to the facts stated herein.
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`4. ZTC is a Chinese corporation having a principal place of business in Shenzhen, Guangdong,
`China.
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`5.
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`I understand that ZTA has been accused of infringing one or more U.S. Patents by
`manufacturing, using, selling, offering for sale, and/or importing into the United States
`particular items of consumer wireless equipment described in their complaints (collectively
`“Accused Devices”). It is my understanding that the Accused Devices allegedly infringe by virtue
`of Android applications allegedly present on the Accused Devices, such as “map‐based
`communication applications and/or features such as Google Maps, Android Device Manager …
`Android Messenger, Google Hangouts, Google Plus, and Google Latitude” (the “Proprietary
`Android Applications”). As part of my job duties at ZTA, I was involved in discussions with Google
`regarding the integration of Android functionality into ZTA smartphone products. As such, I
`believe that I am the person associated with ZTA and ZTC in the United States who is the most
`knowledgeable about the alleged use of the Proprietary Android Applications in ZTA products.
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`6.
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`It is my understanding, from discussions I participated in with Google on behalf of ZTA, that the
`Proprietary Android Applications are proprietary Google applications. As such, I understand that
`Google provides these applications to ZTC as a black box that is merely loaded onto the ZTA
`Android products without modification by ZTC. It is my understanding that ZTC’s work on these
`Proprietary Android Applications is limited to imaging the memory of the handsets. ZTC does
`not do any development work or customization concerning the Proprietary Android
`Applications.
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`Case 2:17-cv-00517-JRG Document 38-4 Filed 11/21/17 Page 2 of 2 PageID #: 430
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`7. To the best of my understanding, ZTA and ZTC do not have any source code for the Proprietary
`Android Applications. To the best of my knowledge, all of the relevant source code and detailed
`technical information resides with Google Inc., not ZTA or ZTC. In addition, it is my belief that
`ZTA and ZTC do not have any substantive technical knowledge, documents or other detailed
`information describing the specifics of how the Proprietary Android Applications work or
`interact with Google servers.
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`8. To the best of my knowledge, all ZTA and ZTC technical personnel and documents relating to the
`design, operation, testing, and certification of ZTA smartphone products, and any technical
`integration of the Proprietary Android Applications into ZTA’ s devices, are all located in China.
`Witnesses likely to have any technical knowledge regarding the Proprietary Android Applications
`on ZTA smartphone products, and any such technical documents, would be ZTC or ZTA
`employees located in a ZTC facility, most likely in Shenzhen, Shanghai, Xi’an or Chengdu, China.
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`9.
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`I am one of approximately 15 employees of ZTE‐related companies located in the San Francisco
`Bay Area. To the best of my knowledge, all ZTE‐related personnel located in the United States
`and who are responsible for interacting with Google on Google applications and Google Android
`issues are located in the San Francisco Bay Area or in San Diego.
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`10. Although ZTA has its principle place of business in Richardson, Texas, to the best of my
`knowledge, there are no ZTE‐related employees in Richardson, Texas who are involved in the
`technical integration of the Proprietary Android Applications into ZTA’s devices.
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`I declare under penalty of perjury that the foregoing is true and correct. Executed on:
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` By:
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`Jeff Yee
`Vice President
`ZTE Corporation
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