Case 2:22-cv-00263-JRG-RSP Document 105-3 Filed 08/17/23 Page 1 of 7 PageID #: 7917
`Case 2:22-cv-00263-JRG-RSP Document 105-3 Filed 08/17/23 Page 1of 7 PagelD #: 7917
`
`EXHIBIT 20
`EXHIBIT 20
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`Case 2:19-cv-00361-JRG Document 28-18 Filed 02/20/20 Page 1 of 6 PageID #: 407Case 2:22-cv-00263-JRG-RSP Document 105-3 Filed 08/17/23 Page 2 of 7 PageID #: 7918
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`AGIS SOFTWARE DEVELOPMENT LLC
`
`Plaintiff,
`
`v.
`
`WAZE MOBILE LIMITED,
`
`Defendant.
`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC
`
`Plaintiff,
`
`v.
`
`GOOGLE LLC,
`
`Defendant.
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`
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`CIVIL ACTION NO. 2:19-cv-00359-JRG
`
`Filed Under Seal
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`CIVIL ACTION NO. 2:19-cv-00361-JRG
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`
`
`AGIS SOFTWARE DEVELOPMENT LLC
`
`Plaintiff,
`
`v.
`
`CIVIL ACTION NO. 2:19-cv-00362-JRG
`
`SAMSUNG ELECTRONICS CO., LTD.,
`and SAMSUNG ELECTRONICS
`AMERICA, INC.,
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`
`
`Defendants.
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`
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`DECLARATION OF SHANNON SHAPER
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`Case 2:19-cv-00361-JRG Document 28-18 Filed 02/20/20 Page 2 of 6 PageID #: 408Case 2:22-cv-00263-JRG-RSP Document 105-3 Filed 08/17/23 Page 3 of 7 PageID #: 7919
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`I, Shannon Shaper, state and declare as follows:
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`1.
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`I am a People Analytics Manager at Google LLC (“Google”). I have been a Google employee
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`since 2007. I work in Mountain View, California.
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`2.
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`I submit this declaration on my knowledge of the corporate structure of Google and Waze
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`Mobile Limited (“Waze”), and my investigation into facts relating to multiple complaints that I
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`understand were filed on November 4, 2019 by Plaintiff AGIS Software Development
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`(“AGIS”) against Google, Waze, and Samsung Electronics Co. Ltd. and Samsung Electronics
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`America, Inc. (“Samsung”).
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`3.
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`I understand that the applications that may be at issue in the above-captioned cases against
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`Google and Samsung are Google Maps for Mobile (“GMM”), Find My Device, Google
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`Hangouts, Google Plus, Android Messenger, and Google Messages. I am aware of no Google
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`product named Android Messenger or Google Messages, but I am aware of a Google product
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`named Messages. For purposes of my investigation, I have investigated the location of
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`witnesses and evidence related to GMM, Find My Device, Messages, Google Hangouts,
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`Google Plus (collectively “Accused Google Applications”), and the Waze mobile application.
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`4. Google’s predecessor, Google Inc., was incorporated in Delaware. Google has since converted
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`to an LLC, but remains registered in Delaware.
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`5. Google has been headquartered in Northern California since its founding in 1998. It has been
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`headquartered in Mountain View, California since 2003. In 2007, Google opened its first
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`office in San Francisco, California.
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`6. Google’s Mountain View headquarters, which includes offices in neighboring Sunnyvale
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`(collectively referred to as Mountain View herein), is the strategic center of Google’s business.
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`2
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`Case 2:19-cv-00361-JRG Document 28-18 Filed 02/20/20 Page 3 of 6 PageID #: 409Case 2:22-cv-00263-JRG-RSP Document 105-3 Filed 08/17/23 Page 4 of 7 PageID #: 7920
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`Google’s Mountain View headquarters and its other offices in Northern California (including
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`its San Francisco and San Bruno offices) house thousands of employees making up over 40%
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`of Google’s total worldwide employees, including engineers, product managers, executives,
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`and staff, particularly those performing work related to the Accused Google Applications and
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`the Waze mobile application.
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`7. Many decisions related to Google’s overall business, including the most significant design and
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`engineering decisions related to the Accused Google Applications, involve managers and leads
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`who work in Mountain View, California.
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`8. According to Google’s investigation, most engineers and managers with relevant knowledge
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`regarding GMM are based in or around Mountain View, California, including those responsible
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`for Location Sharing. In particular, I have been informed and understand that at least the
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`following individuals have knowledge regarding the design, development, and operation of
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`Location Sharing in GMM used on Android mobile devices:
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`●
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`●
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`California.
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` based in Mountain View,
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`
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` his team of
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`engineers working in the Mountain View, California office responsible for Google
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`Location Sharing functionality.
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`9. Additionally, according to Google’s investigation, the development of Find My Device was
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`performed by engineers based in or around Mountain View, California, including
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`
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` I have been informed and understand that, in
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`3
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`Case 2:19-cv-00361-JRG Document 28-18 Filed 02/20/20 Page 4 of 6 PageID #: 410Case 2:22-cv-00263-JRG-RSP Document 105-3 Filed 08/17/23 Page 5 of 7 PageID #: 7921
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`2019, responsibilities for maintaining Find My Device were transferred to a team in London,
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`but that team’s development has not involved the introduction of significant new features. The
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`team in London has collaborated with the engineers in Mountain View, California, who
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`developed Find My Device and has focused on back-end migrations of Find My Device.
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`
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` continues to work on Find My Device and remains based in Mountain View,
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`California.
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`10. Additionally, according to Google’s investigation, engineers and managers with relevant
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`knowledge regarding the Messages application are based in or around Mountain View,
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`California. In particular, I have been informed and understand that
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`
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` is located in San Francisco, California, and manages a team of
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`product managers based in Mountain View, San Francisco, and Kirkland, Washington.
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`Engineers responsible for various features related to Messages are located in Google’s
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`Mountain View, California, and Kirkland, Washington, offices.
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`11. Additionally, according to Google’s investigation, engineers and managers with relevant
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`knowledge regarding the Google Hangouts application are based in or around Mountain View,
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`California. In particular, I have been informed and understand that
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`
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` on Android until November 2019 is located in Google’s
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`Sunnyvale, California office. The team currently responsible for the development of Google
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`Hangouts on Android is based in Sunnyvale, California.
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`12. Additionally, according to Google’s investigation, engineers and managers with relevant
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`knowledge regarding the Google Plus application are based in or around Mountain View,
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`California. In particular, I have been informed and understand that
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`
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`Case 2:19-cv-00361-JRG Document 28-18 Filed 02/20/20 Page 5 of 6 PageID #: 411Case 2:22-cv-00263-JRG-RSP Document 105-3 Filed 08/17/23 Page 6 of 7 PageID #: 7922
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`
`
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` through the shutdown for consumer accounts in
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`April 2019 and is located in Google’s Sunnyvale, California office.
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`13. I am currently aware of no Google employees with relevant knowledge regarding the Accused
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`Google Applications residing or working in the Eastern District of Texas.
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`14. Google acquired Waze in June 2013. As of that time, the Waze employees responsible for the
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`Waze mobile application became Google employees. According to Google’s investigation, the
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`employees responsible for the Waze mobile application are located primarily in Israel, New
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`York, and Northern California.
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`15. I am currently aware of no employees responsible for the Waze mobile application in Texas.
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`16. As a matter of Google practice, documents in Google’s possession about its products and
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`services are normally created and maintained by the employees working on those products and
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`services. As discussed above, the employees with relevant knowledge of the Accused Google
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`Applications are located primarily in or around Mountain View, California, and no such
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`employees are in the Eastern District of Texas. Additionally, the employees with relevant
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`knowledge of the Waze mobile application are located primarily in Israel, New York, and
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`Northern California.
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`17. Google and Waze do not maintain an office in the Eastern District of Texas, which I
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`understand includes the counties identified on the Eastern District of Texas’ website
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`(http://www.txed.uscourts.gov/court-locator). Accordingly, Google and Waze have no
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`employees who work at any Google office in the Eastern District of Texas, including those
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`5
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`Case 2:19-cv-00361-JRG Document 28-18 Filed 02/20/20 Page 6 of 6 PageID #: 412Case 2:22-cv-00263-JRG-RSP Document 105-3 Filed 08/17/23 Page 7 of 7 PageID #: 7923
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`involved in the design, development or management of the Accused Google Applications or
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`the Waze mobile application.
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`I declare under penalty of perjury that the foregoing is true and correct. Executed on February ___,
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`2020, in Mountain View, California.
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`
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`____________________________________
`Shannon Shaper
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`6
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