Case 4:23-cv-01147-ALM Document 32-2 Filed 06/17/24 Page 1 of 5 PageID #: 1061
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`Exhibit B
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`Case 4:23-cv-01147-ALM Document 32-2 Filed 06/17/24 Page 2 of 5 PageID #: 1062
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
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`Civil Action No. 4:23-cv-01147-ALM
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`R2 Solutions LLC,
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` Plaintiff,
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`v.
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`Databricks, Inc.,
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` Defendant.
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`DECLARATION OF CRAIG YUDELL
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`I, Craig Yudell, hereby declare as follows:
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`1.
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`I am more than 18 years of age, and I am competent to make this Declaration. I
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`have personal knowledge of the facts contained in this Declaration, and I am competent to testify
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`on the matters set forth below.
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`2.
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`I am President of R2 Solutions LLC. I am also Vice President of Licensing and
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`Litigation at Acacia Research Corporation. I replaced Eric Lucas as President of R2 Solutions LLC
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`in 2021.
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`3.
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`R2 Solutions LLC is a limited liability company incorporated in Texas. Paul F.
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`Reidy formed and incorporated R2 Solutions LLC in 2016 and served as its Managing Member.
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`4.
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`R2 Solutions LLC was incorporated with a principal place of business in Austin,
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`Texas. Mr. Reidy resided in Austin, Texas at that time, and he still resides in Austin, Texas today.
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`5.
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`Mr. Reidy was the President of Excalibur IP, LLC and held that role at least as early
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`as 2020.
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`Case 4:23-cv-01147-ALM Document 32-2 Filed 06/17/24 Page 3 of 5 PageID #: 1063
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`6.
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`On April 25, 2020, Acacia Research Group LLC acquired all of Mr. Reidy’s
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`ownership interest in R2 Solutions LLC, and R2 Solutions LLC has since had a place of business
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`located at 6136 Frisco Square Blvd., Suite 400, Frisco, TX 75034, which I understand is located
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`in the Eastern District of Texas.
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`7.
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`I maintain a work address at 6136 Frisco Sq. Blvd., Suite 400, Frisco, TX 75034
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`and work extensively from my residence in Austin, TX.
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`8.
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`On April 27, 2020, Excalibur IP, LLC entered into a patent sale agreement with R2
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`Solutions LLC. This acquisition included the assignment of all rights, title, and interest in, and to,
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`a large patent portfolio (the “Excalibur Portfolio”) to R2 Solutions LLC. The Excalibur Portfolio
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`includes U.S. Patent Nos. 8,190,610 (“the ’610 patent”), which I understand is the subject of
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`litigation between R2 Solutions LLC and Databricks, Inc.
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`9.
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`I understand that Excalibur IP, LLC licensed the Excalibur Portfolio to numerous
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`companies between May 2016, when Excalibur IP, LLC acquired the patents in the Excalibur
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`Portfolio from Yahoo!, and April 2020, when R2 Solutions LLC acquired the Excalibur Portfolio.
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`During the period of its ownership, Excalibur IP, LLC licensed the Excalibur Portfolio to
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` among others. All
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`of these licenses, except for
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` were negotiated and consummated without litigation. I
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`understand that Mr. Reidy negotiated many, if not all, of these licensing agreements on behalf of
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`Excalibur IP, LLC.
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`10.
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`The ’610 patent was included in the license agreements that Excalibur IP, LLC
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`consummated.
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`11.
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`Since R2 Solutions LLC acquired the Excalibur Portfolio, its business activities in
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`the Eastern District of Texas and in Texas include management of the Excalibur Portfolio and
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`Case 4:23-cv-01147-ALM Document 32-2 Filed 06/17/24 Page 4 of 5 PageID #: 1064
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`substantial licensing efforts, including more than twenty licenses without litigation and more than
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`forty licenses in total. The Excalibur Portfolio currently comprises over 5,000 patents and patent
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`applications worldwide, including over 2,000 U.S. patents. Many of the patents in the Excalibur
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`Portfolio do not expire until the 2030s. I have spearheaded such business activities since I became
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`President of R2 Solutions LLC.
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`12.
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`On behalf of R2 Solutions LLC, I continue to work to license the Excalibur
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`Portfolio—including the ’610 patent—without the necessity of litigation. R2 Solutions’ soft
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`licensing efforts are extensive and ongoing. R2 Solutions LLC plans to continue its patent
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`enforcement and non-litigation licensing efforts in the Eastern District of Texas and in the State of
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`Texas.
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`13.
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`I have extensive knowledge and firsthand experience with the Excalibur Portfolio,
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`as well as the licensing of the patents therein, including the ’610 patent. I also have knowledge
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`regarding the ownership, operations, and financials of R2 Solutions LLC.
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`14.
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`Substantially all, if not all, of R2 Solutions LLC’s documents are stored on servers
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`at the offices of its outside counsel in Fort Worth, Texas. Such documents include information
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`relevant to patent prosecution, ownership, infringement, damages (such as license agreements
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`involving the asserted patents), and validity (including various asserted prior art). No physical
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`copies of these documents are located in California.
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`15.
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`16.
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`I expect to attend trial in the above-captioned case and willingly provide testimony.
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`Travel to the court of the Eastern District of Texas in Sherman, Texas to provide
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`testimony would be convenient from my residence in Austin, Texas. While traveling to Sherman,
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`Texas would require automobile travel and overnight lodging each night of the trial, holding trial
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`Case 4:23-cv-01147-ALM Document 32-2 Filed 06/17/24 Page 5 of 5 PageID #: 1065
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`in the Northern District of California would require comparatively increased travel time, costs, and
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`inconveniences.
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`I declare under penalty of perjury that the statements made in this Declaration are based on
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`my own knowledge and that all opinions given are my own.
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`Dated: June 6, 2024
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`________________________
`Craig Yudell
`President, R2 Solutions LLC
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