`10106
`
`CONFIDENTIAL-FILED UNDER SEAL
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`Plaintiff,
`
`v.
`
`CIVIL ACTION NO. 2:22-cv-263-JRG
`(LEAD CASE)
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`JURY TRIAL DEMANDED
`
`Defendant.
`
`DECLARATION OF COLM MALONE IN SUPPORT OF
`SAMSUNG'S MOTION TO TRANSFER VENUE
`
`I, Colm Malone, hereby declare as follows:
`
`1.
`
`I am over 18 years of age and competent to make this declaration. I have personal
`
`knowledge of the following facts or access to information or records allowing me to confirm
`
`these facts. If called as a witness, I could and would competently testify thereto.
`
`2.
`
`I am Vice President of R&D Project Management at Samsung Electronics
`
`America, Inc. ("SEA"), a defendant in this action. I have worked for SEA since January 2015
`
`when Samsung Telecommunications America, LLC ("STA") merged into SEA, and before that
`
`for STA from February 2012 through 2014.
`
`3.
`
`I understand that AGIS Software Development LLC ("AGIS") filed on July 14,
`
`2022, the above captioned patent infringement lawsuit against Samsung Electronics Co., Ltd.
`
`("SEC") and Samsung Electronics America, Inc. ("SEA") (collectively, "Samsung") in the
`
`United States District Court for the Eastern District of Texas ("EDTX"). I provide this
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 123-2 Filed 09/07/23 Page 2 of 3 PageID #:
`10107
`
`CONFIDENTIAL - FILED UNDER SEAL
`
`declaration in support of Samsung's Motion to Sever Claims Related to Find My Device and
`
`Transfer Them to the Northern District of California ("NDCA"). Unless otherwise indicated
`
`below, the statements in this declaration are based on my personal knowledge, my review of
`
`corporate records maintained by Samsung in the ordinary course of business, and/or my
`
`discussions with Samsung employees.
`
`4.
`
`5.
`
`SEA is a subsidiary of SEC.
`
`SEA is a New York corporation with a principal place of business in Ridgefield
`
`Park, New Jersey, and a number of office locations around the country, including in California.
`
`6.
`
`SEA commercializes, markets and sells Samsung phones and tablets in the United
`
`States, including in the NDCA.
`
`7.
`
`SEA's employees are not involved in the research, design, or development of the
`
`accu~ed Google Find My Device application.
`
`8.
`
`SEA does not have any employees (in the EDTX or elsewhere) who research,
`
`design, develop, or have access to any of Google' s proprietary documentation or source code for
`
`the accused Google Find My Device application.
`
`9.
`
`SEA has several facilities throughout California, including the NDCA, and
`
`employs over
`
` regular full-time employees in California as of April 30, 2023. This includes
`
`facilities with and over
`
` employees in Mountain View, CA, as of April 30, 2023, which I
`
`understand is located in the NDCA.
`
`I declare under penalty of perjury under the laws of the United States that the foregoing is
`B, f ~ '( e--( l 1
`Ir(-; {' ti r{ , New Jersey on
`
`true and correct to the best of my knowledge. Executed in
`
`JulyjL, 2023.
`
`2
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 123-2 Filed 09/07/23 Page 3 of 3 PageID #:
`10108
`
`CONFIDENTIAL - FILED UNDER SEAL
`
`Calm Malone
`
`3
`
`
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