Case 5:19-cv-00036-RWS Document 58-1 Filed 08/13/19 Page 1 of 9 PageID #: 1458
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`Plaintiff,
`
`
`
`vs.
`
`APPLE INC.,
`
`Defendant.
`
` Civil Action No. 5:19-cv-00036-RWS
`
`JURY TRIAL DEMANDED
`
`DECLARATION OF MICHAEL JAYNES IN SUPPORT OF DEFENDANT APPLE
`INC.’S MOTION TO TRANSFER VENUE UNDER 28 U.S.C. § 1404(a)
`
`I, Michael Jaynes, hereby declare as follows:
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`1.
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`I am over 18 years of age and competent to make this declaration. If called to testify
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`as a witness in this matter, I could and would testify truthfully to each of the statements in this
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`declaration.
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`2.
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`I am employed as a
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` at Apple Inc. (“Apple”) in Sunnyvale,
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`California.
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`3.
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`I understand that Maxell, Ltd. (“Maxell”) filed the above captioned patent
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`infringement lawsuit against Apple in the United States District Court for the Eastern District of
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`Texas (“EDTX”). I provide this declaration in support of Apple’s Motion to Transfer Venue Under
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`28 U.S.C. § 1404(a) to the Northern District of California (“NDCA”). Unless otherwise indicated
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`below, the statements in this declaration are based on my personal knowledge, my review of
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`corporate records maintained by Apple in the ordinary course of business, and/or my discussions
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`with Apple employees.
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`1
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`Plaintiff,
`
`
`
`vs.
`
`APPLE INC.,
`
`Defendant.
`
` Civil Action No. 5:19-cv-00036-RWS
`
`JURY TRIAL DEMANDED
`
`DECLARATION OF MICHAEL JAYNES IN SUPPORT OF DEFENDANT APPLE
`INC.’S MOTION TO TRANSFER VENUE UNDER 28 U.S.C. § 1404(a)
`
`I, Michael Jaynes, hereby declare as follows:
`
`1.
`
`I am over 18 years of age and competent to make this declaration. If called to testify
`
`as a witness in this matter, I could and would testify truthfully to each of the statements in this
`
`declaration.
`
`2.
`
`I am employed as a
`
` at Apple Inc. (“Apple”) in Sunnyvale,
`
`California.
`
`
`
`3.
`
`I understand that Maxell, Ltd. (“Maxell”) filed the above captioned patent
`
`infringement lawsuit against Apple in the United States District Court for the Eastern District of
`
`Texas (“EDTX”). I provide this declaration in support of Apple’s Motion to Transfer Venue Under
`
`28 U.S.C. § 1404(a) 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 Apple in the ordinary course of business, and/or my discussions
`
`with Apple employees.
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`1
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`Case 5:19-cv-00036-RWS Document 58-1 Filed 08/13/19 Page 2 of 9 PageID #: 1459
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`4.
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`I have reviewed a copy of the Complaint filed in this lawsuit. I understand that
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`Maxell accuses Apple of infringing ten patents: U.S. Patent Nos. 6,748,317 (the “’317 patent”);
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`6,580,999 (the “’999 patent”); 8,339,493 (the “’493 patent”); 7,116,438 (the “’438 patent”);
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`6,408,193 (the “’193 patent”); 10,084,991 (the “’991 patent”); 6,928,306 (the “’306 patent”);
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`6,329,794 (the “’794 patent”); 10,212,586 (the “’586 patent”); and 6,430,498 (the “’498 patent”)
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`(collectively, the “Asserted Patents”).
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`5.
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`I understand that Maxell’s Complaint identifies the following products as allegedly
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`infringing one or more of the Asserted Patents: (a) iPhone XS, iPhone XS Max, iPhone XR,
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`iPhone X, iPhone 8 Plus, iPhone 8, iPhone 7 Plus, iPhone 7, iPhone 6s Plus, iPhone 6s, iPhone 6
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`Plus, iPhone 6, iPhone SE, iPhone 5s, and iPhone 5c; (b) iPad Pro (12.9-inch 3rd generation), iPad
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`Pro (11-inch), iPad Pro (12.9-inch 2nd generation), iPad Pro (10.5-inch), iPad Pro (9.7-inch), iPad
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`Pro (12.9-inch), iPad Air 2, iPad Air, iPad mini 4, iPad mini 3, iPad mini 2, iPad (6th generation),
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`and iPad (5th generation) ; (c) MacBook, MacBook Pro, MacBook Air, iMac, Mac mini, Mac Pro,
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`and iMac Pro; (d) iPod touch 5th and 6th generations; and (e) Apple Watch Series 1, 2, 3, and 4,
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`and Apple Watch 1st generation (collectively, the “Accused Products”).
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`6.
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`Apple is a California corporation, founded in 1976. Apple’s global headquarters is
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`in Cupertino, California.
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`7.
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`2
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`Case 5:19-cv-00036-RWS Document 58-1 Filed 08/13/19 Page 3 of 9 PageID #: 1460
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`8.
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`I understand from the Complaint that Maxell alleges that certain Accused Products
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`infringe the ’498, ’999, and ’317 patents. Complaint ¶¶ 14-46, 148-162. Despite the vagueness
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`of the allegations, for purposes of the motion to transfer, I understand Maxell’s allegations to
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`accuse technology relating to walking navigation features in Apple Maps and Find My Friends as
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`allegedly infringing the ’498, ’999, and ’317 patents (“Accused Navigation Technology”).
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`9.
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`I understand from the Complaint that Maxell alleges that certain Accused Products
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`infringe the ’493 patent. Complaint ¶¶ 47-61. Despite the vagueness of the allegations, for
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`purposes of the motion to transfer, I understand Maxell’s allegations to accuse technology relating
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`to cameras with image sensors and/or image stabilization as allegedly infringing the ’493 patent
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`(“Accused Camera Technology”).
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`10.
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`I understand from the Complaint that Maxell alleges that certain Accused Products
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`infringe the ’794 patent. Complaint ¶¶ 118-134. Despite the vagueness of the allegations, for
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`purposes of the motion to transfer, I understand Maxell’s allegations to accuse technology relating
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`to low power mode as allegedly infringing the ’794 patent (“Accused Power Management
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`Technology”).
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`11.
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`I understand from the Complaint that Maxell alleges that certain Accused Products
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`infringe the ’193 patent. Complaint ¶¶ 75-91. Despite the vagueness of the allegations, for
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`purposes of the motion to transfer, I understand Maxell’s allegations to accuse technology relating
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`to controlling the gain and bias power settings for CDMA data transmission as allegedly infringing
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`the ’193 patent (“Accused CDMA Technology”).
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`3
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`Case 5:19-cv-00036-RWS Document 58-1 Filed 08/13/19 Page 4 of 9 PageID #: 1461
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`12.
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`I understand from the Complaint that Maxell alleges that certain Accused Products
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`infringe the ’991 and ’306 patents. Complaint ¶¶ 92-117. Despite the vagueness of the allegations,
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`for purposes of the motion to transfer, I understand Maxell’s allegations to accuse technology
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`relating to notifications and alerts for telephone calls and FaceTime video calls as allegedly
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`infringing the ’991 and ’306 patents (“Accused Notifications Technology”).
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`13.
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`I understand from the Complaint that Maxell alleges that certain Accused Products
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`infringe the ’438 and ’586 patents. Complaint ¶¶ 62-74, 135-147. Despite the vagueness of the
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`allegations, for purposes of the motion to transfer, I understand Maxell’s allegations to accuse
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`technology relating to authenticating Apple devices and allowing data communication between
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`authenticated Apple devices as allegedly infringing the ’438 and ’586 patents (“Accused
`
`Authentication Technology”).
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`14.
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`The “Accused Navigation Technology,” “Accused Camera Technology,”
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`“Accused Power Management Technology,” “Accused CDMA Technology, “Accused
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`Notifications Technology,” and “Accused Authentication Technology” are collectively referred to
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`as the “Accused Technology.”
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`15.
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`16.
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`17.
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`Apple sells or has sold the Accused Products throughout the United States.
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`4
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`Case 5:19-cv-00036-RWS Document 58-1 Filed 08/13/19 Page 5 of 9 PageID #: 1462
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` None are in
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`EDTX.
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`18.
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`19.
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`Apple regularly conducts business in NDCA involving the Accused Products.
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`As of the date of this declaration, Apple operates approximately 270 retail stores in
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`the United States, more than 50 of which are in California, including 19 retail stores in NDCA. As
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`of the date of this declaration, Apple does not maintain any retail stores, corporate offices, or any
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`other type of facility in EDTX. Maxell’s Complaint identifies two Apple retail stores in EDTX,
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`both of which closed on or about April 12, 2019. I am not aware of any employee in EDTX who
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`has been involved in the research, design, development, or marketing of the Accused Technology
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`or Accused Products. To the extent that any of the Accused Products are sold or used in EDTX,
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`they are and were sold and used nationwide, and are not used in any manner differently in Texas
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`than they are used elsewhere.
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`20.
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`I am not aware of any relevant business documents or records concerning the
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`research, development, marketing, and/or financials of the Accused Products that are kept in
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`EDTX, and I am unaware of any other evidence located there. I am unaware of any Apple
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`employee with information relevant to this case who resides in EDTX.
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`21.
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`Based on Apple’s current understanding of Maxell’s infringement allegations, the
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`primary design, development, and implementation of the Accused Technology in the Accused
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`Products take place in or around Cupertino, California, as explained below.
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`Accused Navigation Technology
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`22.
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`5
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`Case 5:19-cv-00036-RWS Document 58-1 Filed 08/13/19 Page 6 of 9 PageID #: 1463
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` None are located in EDTX.
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` None are located in EDTX.
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`23.
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`24.
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` None are located in EDTX.
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`Accused Camera Technology
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`25.
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` None are located in EDTX.
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`Accused Power Management Technology
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`26.
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`located in EDTX.
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` None are
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`6
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`Case 5:19-cv-00036-RWS Document 58-1 Filed 08/13/19 Page 7 of 9 PageID #: 1464
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`Accused CDMA Technology
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`27.
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`28.
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` None are located in EDTX.
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`Accused Notifications Technology
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` None are located in EDTX.
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`29.
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`30.
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` None are located in EDTX.
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` None are located in EDTX.
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`7
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`Case 5:19-cv-00036-RWS Document 58-1 Filed 08/13/19 Page 8 of 9 PageID #: 1465
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`Accused Authentication Technology
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`31.
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`32.
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` None are located in EDTX.
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`Documents and Source Code Relating to Accused Technology
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` None are located in EDTX.
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`33.
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`Sales, Financial, Marketing Information Related to Accused Products and Technology
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`34.
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`I am knowledgeable about the sales and financial information concerning the
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`Accused Products.
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` None are located in EDTX. I work and live in NDCA.
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`35.
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`8
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`Case 5:19-cv-00036-RWS Document 58-1 Filed 08/13/19 Page 9 of 9 PageID #: 1466
`case 5:19'°V'00036'W °f 9 Page'” l” 1466
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`are located in ED’I‘X.
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`36.
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`I am not aware of any relevant Apple documents or anticipated witnesses located
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`in ED'l‘X. To my knowledge. Apple does not have any employees in EDTX with any information
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`relevant to this case.
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`I declare under the penalty of perjury that the foregoing is true and correct.
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`Executed in Sunnyvale. California. on thisDLL day 01 JL l 9. 2019.
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`A ‘ ”it;
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`.
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`'f’
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