Case 2:21-cv-00072-JRG-RSP Document 82-1 Filed 06/08/21 Page 1 of 5 PageID #: 2042
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`Case No. 2:21-cv-00029-JRG
`(MEMBER CASE)
`
`JURY TRIAL DEMANDED
`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Defendants.
`
`Plaintiff,
`
`v.
`
`
`WHATSAPP, INC.,
`
`
`
`Defendant.
`
`
`T-MOBILE USA, INC. and T-MOBILE US,
`INC.,
`
`v.
`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`
`§
`Case No. 2:21-cv-00072-JRG
`§
`(LEAD CASE)
`§
`
`JURY TRIAL DEMANDED
`§
`§
`
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
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`DECLARATION OF VINCENT J. RUBINO, III IN SUPPORT OF
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S RESPONSE
`IN OPPOSITION TO DEFENDANT WHATSAPP, INC.’S
`MOTION TO DISMISS FOR IMPROPER VENUE (DKT. 34)
`
`I, Vincent J. Rubino, hereby declare as follows:
`
`1.
`
`I have personal knowledge of the facts set forth in this declaration. I am
`
`competent to testify as to all matters stated, and I am not under any legal disability that would in
`
`any way preclude me from testifying.
`
`2.
`
`I am a Partner at the law firm of Fabricant LLP and counsel of record for Plaintiff
`
`AGIS Software Development LLC in this matter.
`
`3.
`
`The exhibits attached to this declaration may contain annotations and/or excerpts
`
`of the originals.
`
`
`
`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`Case No. 2:21-cv-00029-JRG
`(MEMBER CASE)
`
`JURY TRIAL DEMANDED
`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Defendants.
`
`Plaintiff,
`
`v.
`
`
`WHATSAPP, INC.,
`
`
`
`Defendant.
`
`
`T-MOBILE USA, INC. and T-MOBILE US,
`INC.,
`
`v.
`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`
`§
`Case No. 2:21-cv-00072-JRG
`§
`(LEAD CASE)
`§
`
`JURY TRIAL DEMANDED
`§
`§
`
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`DECLARATION OF VINCENT J. RUBINO, III IN SUPPORT OF
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S RESPONSE
`IN OPPOSITION TO DEFENDANT WHATSAPP, INC.’S
`MOTION TO DISMISS FOR IMPROPER VENUE (DKT. 34)
`
`I, Vincent J. Rubino, hereby declare as follows:
`
`1.
`
`I have personal knowledge of the facts set forth in this declaration. I am
`
`competent to testify as to all matters stated, and I am not under any legal disability that would in
`
`any way preclude me from testifying.
`
`2.
`
`I am a Partner at the law firm of Fabricant LLP and counsel of record for Plaintiff
`
`AGIS Software Development LLC in this matter.
`
`3.
`
`The exhibits attached to this declaration may contain annotations and/or excerpts
`
`of the originals.
`
`
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 82-1 Filed 06/08/21 Page 2 of 5 PageID #: 2043
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`4.
`
`Attached hereto as Exhibit A is a true and correct copy of the Declaration of
`
`Malcolm K. Beyer, Jr. in Opposition to Defendant WhatsApp, Inc.’s Motion to Dismiss for
`
`Improper Venue, dated June 7, 2021.
`
`5.
`
`Attached hereto as Exhibit B is a true and correct copy of the U.S. Patent and
`
`Trademark Office Report for U.S. Patent Application No. 16/237,267 titled “Methods and
`
`systems for determining an unread message count” filed by WhatsApp, Inc., available at
`
`https://uspto.report/patent/grant/10992633, and accessed on May 4, 2021.
`
`6.
`
`Attached hereto as Exhibit C is a true and correct copy of a screenshot of the
`
`webpage titled “WhatsApp,” available at https://www.whatsapp.com/?lang=en, and accessed on
`
`May 4, 2021.
`
`7.
`
`Attached hereto as Exhibit D is a true and correct copy of a screenshot of the
`
`webpage titled “About WhatsApp,” available at https://www.whatsapp.com/about, and accessed
`
`on May 4, 2021.
`
`8.
`
`Attached hereto as Exhibit E is a true and correct copy of a screenshot of the
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`Collin County Property Tax Record for 1221 Coit Road, available at
`
`https://taxpublic.collincountytx.gov/webcollincounty/accountsearch.htm, and accessed on May
`
`10, 2021.
`
`9.
`
`Attached hereto as Exhibit F is a true and correct copy of a screenshot of the
`
`webpage, “Facebook Fort Worth Data Center – Expansion – 5000 Like Way, Fort Worth, TX,”
`
`available at https://www.commercialcafe.com/commercial-property/us/tx/fort-worth/facebook-
`
`fort-worth-data-center-expansion/, and accessed on May 4, 2021.
`
`10.
`
`Attached hereto as Exhibit G is a true and correct copy of a screenshot of the
`
`webpage, “Expanding our Fort Worth Data Center to five buildings,” available at
`
`2
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 82-1 Filed 06/08/21 Page 3 of 5 PageID #: 2044
`
`https://www.facebook.com/notes/fort-worth-data-center/expanding-our-fort-worth-data-center-
`
`to-five-buildings/1187767507983650, and accessed on May 4, 2021.Attached hereto as Exhibit
`
`H is a true and correct copy of a screenshot of the Real Property Asset Map, available at
`
`https://www.txdot.gov/inside-txdot/division/right-of-way/delineation-system.html, and retrieved
`
`on June 7, 2021.
`
`11.
`
`Attached hereto as Exhibit I is a true and correct copy of a screenshot of the Real
`
`Property Asset Map, available at
`
`https://maps.dot.state.tx.us/AGO_Template/TxDOT_Viewer/?appid=6e6821ecba51466789de423
`
`165516843 and retrieved on June 7, 2021, and navigated from Exhibit L by selecting “Real
`
`Property Asset Map.”
`
`12.
`
`Attached hereto as Exhibit J is a true and correct copy of a screenshot of the Real
`
`Property Asset Map for 4500 Like Way, available at
`
`https://maps.dot.state.tx.us/AGO_Template/TxDOT_Viewer/?appid=6e6821ecba51466789de423
`
`165516843 and retrieved on June 7, 2021, and navigated from Exhibit M by entering “4500 Like
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`Way” in the Search Bar “Find address or place.”
`
`13.
`
`Attached hereto as Exhibit K is a true and correct copy of a screenshot of the
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`Facebook Fort Worth Data Center, available at https://baxtel.com/data-center/facebook-fort-
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`worth, retrieved on June 7, 2021.
`
`14.
`
`Attached hereto as Exhibit L is a true and correct copy of a screenshot of the
`
`ArcGIS Web Map from the Tarrant Appraisal District, available at
`
`https://utility.arcgisonline.com/arcgis/rest/directories/arcgisoutput/Utilities/PrintingTools_GPSer
`
`ver/x_____xRVPk_hlgwpDx9swYoHNKLQ..x_____x_ags_34dfce58-c80f-11eb-b4ba-
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`22000a5fffa8.pdf, retrieved on June 8, 2021.
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`3
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`Case 2:21-cv-00072-JRG-RSP Document 82-1 Filed 06/08/21 Page 4 of 5 PageID #: 2045
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`15.
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`Attached hereto as Exhibit M is a true and correct copy of a screenshot of the
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`Property Tax Record from the Denton County Tax Office for 4500 Like Way, Facebook Data
`
`Center, available at https://www.dentoncounty.gov/841/Search-Property-Tax-Records, and
`
`retrieved on May 4, 2021.
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`16.
`
`Attached hereto as Exhibit N is a true and correct copy of a screenshot of the
`
`Property Tax Record from the Denton County Tax Office for 4500 Like Way, Alliance Gateway,
`
`North Block 3, Lot 7R2, available at https://www.dentoncounty.gov/841/Search-Property-Tax-
`
`Records, and retrieved on May 4, 2021.
`
`17.
`
`Attached hereto as Exhibit O is a true and correct copy of a screenshot of the
`
`Property Tax Record from the Denton County Tax Office for 4500 Like Way, Alliance Gateway,
`
`North Addn Block 3 Lot 7 Plat, available at https://www.dentoncounty.gov/841/Search-Property-
`
`Tax-Records, and retrieved on May 4, 2021.
`
`18.
`
`Attached hereto as Exhibit P is a true and correct copy of a screenshot of the
`
`Property Tax Record from the Denton County Tax Office for 4500 Like Way, Alliance Gateway,
`
`North Addn Block 3 Lot 7R Plat, available at https://www.dentoncounty.gov/841/Search-
`
`Property-Tax-Records, and retrieved on May 4, 2021.
`
`19.
`
`Attached hereto as Exhibit Q is a true and correct copy of a screenshot of the
`
`webpage, “INAP Dallas Data Centers,” available at https://www/inap.com/data-centers/dallas-
`
`data-centers/, and accessed on May 4, 2021.
`
`20.
`
`Attached hereto as Exhibit R is a true and correct copy of a screenshot of the
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`webpage, “INAP – Dallas Data Center (DAL006) – Cloud and Colocation,” available at
`
`https://cloudandcolocation.com/datacenters/inap-dallas-data-center-dal006/, and accessed on
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`May 4, 2021.
`
`4
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`Case 2:21-cv-00072-JRG-RSP Document 82-1 Filed 06/08/21 Page 5 of 5 PageID #: 2046
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`21.
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`Attached hereto as Exhibit S is a true and correct copy of a screenshot of the
`
`webpage, “WhatsApp Legal Info, available at https://www.whatsapp.com/legal/?doc=privacy-
`
`policy&version=20120707&lang=en, and accessed on May 3, 2021.
`
`22.
`
`Attached hereto as Exhibit T is a true and correct copy of a screenshot of the
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`webpage, “First look: Facebook headcount swells as social media giant opens new Austin
`
`office,” available at https://www.bizjournals.com/austin/news/2019/09/04/first-look-facebook-
`
`headcount-swells-as-social.html, and accessed on June 7, 2021.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed on June 8, 2021 in Marshall, Texas.
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`/s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
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`5
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