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`EXHIBIT N
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`PUBLIC
`EXHIBIT 144C
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`THE UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
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`In the Matter of
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`CERTAIN LOCATION-SHARING
`SYSTEMS, RELATED SOFTWARE,
`COMPONENTSTHEREOF,AND
`PRODUCTS CONTAINING SAME
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`Investigation No. 337-TA-__
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`DECLARATION OF MALCOLM K. BEYER, JR. IN SUPPORT OF COMPLAINT
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`I, Malcolm K. Beyer, Jr., do hereby declare as follows:
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`1.
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`I am the Chief Executive Officer of Advanced Ground Information Systems, Inc.
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`("AGIS, Inc.") and AGIS Software Development LLC ("AGIS Software").
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`2 .
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`I submit this declaration in support of the Complaint under Section 337 of the Tariff
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`Act of 1930 filed by AGIS, Inc. and AGIS Software. The facts stated in this declaration have been
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`assembled by knowledgeable and authorized AGIS, Inc. employees and officers, with my input
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`and at my direction, and I am informed and believe that the facts stated herein are true.
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`I.
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`AGIS, INC.
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`3.
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`On June 30, 2004, I founded AGIS, Inc., a Florida corporation. Since then, AGIS,
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`Inc. has maintained business locations in Jupiter, Florida; Austin, Texas; and Kansas City, Kansas.
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`AGIS, Inc. employs approximately seventeen employees and contractors. AGIS, Inc. 's corporate
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`headquarters is located at 92 Lighthouse D rive, Jupiter, Florida 33469.
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`4.
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`AGIS, Inc. is a lead innovator, designer, developer, and distributor of location-
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`sharing and messaging software products. AGIS, Inc. has invested significant labor and financial
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`resources in the United States in connection with the research, design, development, engineering,
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`and testing of its location-sharing and message software products, which are protected by the
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`Asserted Patents. AGIS, Inc. 's management, design, and engineering team has extensive
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`experience in the commercial location-sharing and messaging software industry. AGIS, Inc.
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`products have been used throughout the United States, including by U.S. Government entities.
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`5.
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`In 2013, AGJS, Inc. began a corporate restructuring plan for business growth
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`purposes. By 2017, AGIS, Inc. 's board of directors approved the restructuring plan, wruch resulted
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`in the formation of a parent corporation, AGIS Holdings, Inc. ("AGIS Holdings"), a Florida
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`corporation. AGIS Holdings consists of two subsidiaries: AGIS, Inc. and AGIS Software. Each
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`is a separate corporate entity.
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`6.
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`AGIS Software obtained the intellectual property of AGIS, Inc. and holds all rights,
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`title, and interest in and to the Asserted AGJS Software Patents. AGIS, Inc. is authorized and
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`licensed to use the Asserted Patents.
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`7.
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`As a result of AGJS, Inc. ' s investments, it has developed certain valuable know-
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`how relating to the design, development, engineering, assembly, and testing of location-sharing
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`software products and devices, and to the distribution and sale of such location-sharing software
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`products and devices.
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`8.
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`AGIS, Inc. has no foreign facilities or investments. All of AGIS, Inc's activities
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`and investments talce place in the United States.
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`n.
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`AGIS, Inc.'s Domesti.c Industry Product
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`9.
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`I am informed that this Complaint involves United States Patent Nos. 8,213,970;
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`9,467,838; 9,445,251; 9,749,829; and 9,820,123 (collectively, the "Asserted Patents"). I am further
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`informed that the AGIS, Inc. LifeRing Products have been identified as Domestic Industry
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`Products in this Complaint because they practice one or more of the claims of each of the Asserted
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`Patents ("LifeRing Dl Products"). AGIS, Inc's LifeRing DI Products and related services are the
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`sole products offered by AGIS, Inc. All of the activities and investments described below are
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`directly related to the LifeRing DJ Products.
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`10.
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`Over the years, AGIS, Inc. has invested-and continues to invest- -
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`dollars in the United States in labor, capita], plant, and equipment relating to the Domestic Industry
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`Products. AGIS, Inc. 's -
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`dollars in labor, capital, plant, and equipment have all been
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`directed to research and development, testing, and product engineering related to the LifeRing DI
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`Products.
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`11.
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`The LifeRing DI Products provide cutting edge technology to various customers,
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`including but not limited to military, federal law enforcement, and first responders through, fo r
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`example, Common Operational Picture (COP).
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`12.
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`The LifeRing DI Products provide a life-preserving line of constant communication
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`throughout the command structure and interfaces with most military command and control
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`systems. LifeRing DI Products can use many military handbelds, private and public cellular
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`networks, and sateJlite communications either individually or in various combinations for
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`encrypted communication.
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`13.
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`The LifeRing DI Products are utilized by both U.S. and Foreign Agencies.
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`Government Agencies use the LifeRing DI Products to provide COP and the ability to collaborate,
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`command, Push To Talk communication (PTT), and exchange video. LifeRing DI Products can
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`be used to interface with GPS tracking tags and to record and replay data collected during
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`investigations. AGIS is continuaJly updating the LifeRing DI Products to enable it to interface with
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`other systems, special equipment, and databases.
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`14.
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`First Responders (fire departments, police and EMS) use the LifeRing DI Products
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`to mark an area of emergency on a map, send a report on what supplies are needed, use Push To
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`Talk to let everyone know by voice what is going on in the area, diagram the area with WhiteBoard,
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`and stream video while other responders are on the way.
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`Ill. AGIS, Inc.'s Employment of Labor and Capital
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`15.
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`Since 2010, AGIS, Inc. has invested
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`per year in labor and capital
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`costs in the Uruted States, relating to engineering, research and development, assembly, testing,
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`technical maintenance, service and support, and other related engineering and technical training
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`for the LifeRing DI Products. AGIS, Inc. employs approximately ~
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`mployees and
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`contractors, of whic. _ software engineers, customer support, and testers that dedicate all
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`of their time to the LifeRing DI Products. 1n addition, AGIS, Inc. 's President, Sandel Blackwell,
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`and myself contribute a substantial portion of our time to the LifeRing DI Products.
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`16.
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`For example, since 2010, AGIS, Inc. has employed software engineers that
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`program, develop, and test the LifeRing DI Products in the United States. The software engineers
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`create communications systems comprising geographical location mapping and services, as well
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`as digital data, voice, and video communications. The software engineers are responsible for
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`implementing application user interfaces, geographical mapping and symbology integration,
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`location services, front-end and back-end communications platforms, and back-end database
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`services, among other features.
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`Further, the software engineers design approaches for
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`interoperability between dissimilar systems, customer-specific needs, and optimization for version
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`updates.
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`17.
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`Since 2010, AGIS, Inc. has further employed application and platform testing and
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`quality assurance associates. The testing and quality assurance associates are responsible for
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`performing tests on the functionalities of the communicatioos systems and any new version
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`updates to the communications systems. Further, the testing and quality assurance associates are
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`responsible for monitoring support tickets and the operational status of the communications
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`systems, troubleshooting existing implementations, testing, and troubleshooting future versions
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`and research projects, and interfacing with the software engineers where necessary to report
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`findings and implement solutions. AGIS, Inc. 's quality assurance associates also run bug reports
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`and generate and maintain technical documentation and product manuals for the LifeRing DI
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`Products.
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`18.
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`Specifically, since 2010, AGIS, Inc. has invested approximately
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`dollars in labor and capital expenses in the United States devoted to the engi!'leering, research, and
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`development of the LifeRing DI Products:
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`LABOR AND CAPITAL EXPENDITURES IN
`THE UNITED STATES WITH RESPECT TO
`THE DOMESTIC INDUSTRY PRODUCT
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`YEAR
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`2010
`2011
`2012
`2013
`2014
`2015
`2016
`2017
`2018
`2019
`2020
`2021
`2022 Ma
`Total
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`19.
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`The labor and capital expenditures in the table above include salary and benefits
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`(health insurance, retirement, social security, etc.) for employees, contract labor, and employee
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`related taxes.
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`IV. AGIS, Inc.'s investments in Plant and Equipment
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`20.
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`Since 2010, AGIS, lnc. has invested
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`of dollars per year in plant
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`and equipment in the United States, relating to engineering, research and development, assembly,
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`testing, technical maintenance, service and support, and other related engineering and technical
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`training for the LifeRing DI Products.
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`21.
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`Specifically, since 2010, AGIS, Inc. has invested approximately -
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`in
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`plant and equipment in the United States devoted to engineering, research, and development of the
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`LifeRing DI Product:
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`_____ ......._ _____ _
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`PLANT AND EQUIPMENT EXPENDITURES
`IN THE UNITED STATES WITH RESPECT
`TO THE DOMESTIC INDUSTRY PRODUCT
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`YEAR
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`2011
`2012
`2013
`2014
`2015
`2016
`2017
`2018
`2019
`2020
`2021
`2022
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`22.
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`The plant and equipment expenditures in the table above include rent, properly
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`insurance, utilities, equipment repairs and maintenance, software expenses, parts and supplies, and
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`facility repairs.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed on November 15, 2022, in Jupiter, Florida.
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`~~,,L~~~-
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`Malcolm K . Beyer, Jr.
`Chief Executive Officer
`Advanced Ground Information Systems, Inc.
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