Case 5:19-cv-00036-RWS Document 391-4 Filed 07/06/20 Page 1 of 5 PageID #: 19372
`Case 5:19-cv-00036—RWS Documentfififfic HMWB/ZO Page 1 of 5 PageID #: 19372
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`EXHIBIT 3
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`EXHIBIT 3
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`Case 5:19-cv-00036-RWS Document 391-4 Filed 07/06/20 Page 2 of 5 PageID #: 19373
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
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`MAXELL, LTD.,
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`Plaintiff,
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`vs.
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`APPLE INC.,
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`Defendant.
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` Civil Action No. 5:19-cv-00036-RWS
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`DECLARATION OF DAVID AYRES
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`I, David Ayres, hereby declare:
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`1.
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`I am employed by Garmin International Inc. (“Garmin”), where I have been
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`employed since 2006, and currently serve as Associate General Counsel - IP. I submit this
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`declaration in support of Garmin’s responses to Apple Inc.’s subpoenas for documents and
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`deposition. I have personal knowledge of the facts contained in the declaration and, if called
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`upon to do so, I could and would testify to the matters set forth herein.
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`2.
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`I am familiar with Garmin’s system for archiving documents and materials
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`created by Garmin in the course of developing numerous products. Our systems retain records
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`associated with the development of Garmin products in the ordinary course of business, and I
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`reviewed those records to verify the information provided in this declaration.
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`3.
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`In response to Apple’s subpoena, Garmin performed a thorough search of
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`available records associated with the discontinued NavTalk GPS/cellular device. As detailed
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`below, each of the located records, attached as Exhibits 1 to 6, are true and correct copies of
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`records maintained by Garmin that were created contemporaneously with the events to which
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`GARMIN_0000001
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`PUBLIC VERSION
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`Case 5:19-cv-00036-RWS Document 391-4 Filed 07/06/20 Page 3 of 5 PageID #: 19374
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`they refer by persons having actual knowledge of the information contained therein and that were
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`created or received in the ordinary course of Garmin’s business.
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`4.
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`Garmin’s search resulted in the discovery of the Owner’s Manual and Reference
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`Guide (Rev. A) and the Quick Guide (Rev. A) documents that were provided with the Garmin
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`NavTalk GPS/cellular device at the time of sale. Both documents include Garmin’s internal
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`approval sheets establishing dates on which each reference was approved for inclusion in
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`packaging for NavTalk GPS/cellular devices.
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`5.
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`Attached hereto as Exhibit 1 is a true and correct copy of the NavTalk Cellular
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`Phone/GPS Receiver Owner’s Manual and Reference Guide (Rev. A), which is identified by part
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`number 190-00147-00. The cover page of Exhibit 1 includes Garmin’s records showing that this
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`reference was approved for distribution on February 5, 1999.
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`6.
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`Attached hereto as Exhibit 2 is a true and correct copy of the NavTalk Quick
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`Guide (Rev. A), which is identified by part number 190-00147-01. The cover page of Exhibit 2
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`includes Garmin’s records showing that this reference was approved for distribution on February
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`2, 1999.
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`7.
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`Attached hereto as Exhibit 3 is a true and correct copy of the Bill of Material
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`(Rev. B) for the NavTalk GPS/cellular device’s packaging. The cover sheet of Exhibit 3
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`includes Garmin’s records showing that this reference was revised on September 10. 1998.
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`Based on Garmin’s records, which are maintained to track documents and materials, I am
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`informed and believe that the packaging for the NavTalk GPS/cellular device included, when the
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`NavTalk GPS/cellular device was sold, the abovementioned: (i) NavTalk Cellular Phone/GPS
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`Receiver Owner’s Manual and Reference Guide (Rev. A), as indicated by the identification of
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`part number 190-00147-00 associated with the “Mnl. GPS Cellular User’s” description; and (ii)
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`2
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`GARMIN_0000002
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`Case 5:19-cv-00036-RWS Document 391-4 Filed 07/06/20 Page 4 of 5 PageID #: 19375
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`NavTalk Quick Guide (Rev. A), as indicated by the identification of part number 190-00147-01
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`associated with the “Quick Ref Guide. CPS Cellular” description. The Exhibit 3 Bill of Material
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`is maintained in the ordinary course of business.
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`8.
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`Attached hereto as Exhibit 4 is a true and correct copy of a press release, titled
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`“Leading GPS Innovator Takes Wireless to the Streets,” dated for October 1, 1998, associated
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`with the discontinued NavTalk GPS/cellular device. I am informed and believe that the attached
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`press release accurately describes features of the NavTalk GPS/cellular device based on the
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`explanation of features provided by the NavTalk GPS/cellular device in the attached Exhibits.
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`9.
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`Attached hereto as Exhibit 5 is a true and correct copy of sales records for the
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`NavTalk GPS/cellular devices evidencing shipments to customers dating back to at least March
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`6, 1999. The sales records are maintained in the ordinary course of business.
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`10.
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`Attached hereto as Exhibit 6 is a true and correct copy of a manufacturing Bill of
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`Material for the NavTalk GPS/cellular device itself, which has been provided as an electronic
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`spreadsheet file named “BOM MFG 010-00141-00.xlsx.” Based on Garmin’s records, I am
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`informed and believe that this spreadsheet describes the complete list of components included
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`inside a NavTalk GPS/cellular device. The Exhibit 6 Bill of Material is maintained in the
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`ordinary course of business.
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`3
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`GARMIN_0000003
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`Case 5:19-cv-00036-RWS Document 391-4 Filed 07/06/20 Page 5 of 5 PageID #: 19376
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`I declare under penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct.
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`Executed at Olathe, Kansas on March 24, 2020
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`_________________________________
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`David Ayres
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`4
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`GARMIN_0000004
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