Case 5:19-cv-00036-RWS Document 58-2 Filed 08/13/19 Page 1 of 4 PageID #: 1467
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`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`Plaintiff,
`
`
`
`
`
`
`
`vs.
`
`APPLE INC.,
`
` Civil Action No. 5:19-cv-00036-RWS
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`Defendant.
`
`DECLARATION OF LUANN SIMMONS IN SUPPORT OF DEFENDANT
`APPLE INC.’S AMENDED MOTION TO TRANSFER VENUE UNDER 28 U.S.C. §
`1404(a)
`
`I, Luann L. Simmons, hereby declare as follows:
`
`1.
`
`I am an attorney at the law firm of O’Melveny & Myers LLP, counsel for Defendant
`
`Apple, Inc. (“Apple”) in this matter filed by Plaintiff Maxell, Ltd. (“Maxell”). I have personal
`
`knowledge of the facts stated herein and if called to testify could and would competently testify
`
`thereto.
`
`2.
`
`Attached as Exhibit A is an excerpt of a true and correct copy of the United States
`
`Securities and Exchange Commission’s Form 10-K for Intel Corporation for the fiscal year ending
`
`December 29, 2018.
`
`3.
`
`Attached as Exhibit B is an excerpt of a true and correct copy of the United States
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`Securities and Exchange Commission’s Form 10-K for QUALCOMM Incorporated for the fiscal
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`year ending on September 30, 2018.
`
`4.
`
`Attached as Exhibit C are true and correct copies of the United States Patent and
`
`Trademark Office’s assignment abstract records for U.S. Patent Nos. 6,748,317, 6,580,999,
`
`1
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`Plaintiff,
`
`
`
`
`
`
`
`vs.
`
`APPLE INC.,
`
` Civil Action No. 5:19-cv-00036-RWS
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`Defendant.
`
`DECLARATION OF LUANN SIMMONS IN SUPPORT OF DEFENDANT
`APPLE INC.’S AMENDED MOTION TO TRANSFER VENUE UNDER 28 U.S.C. §
`1404(a)
`
`I, Luann L. Simmons, hereby declare as follows:
`
`1.
`
`I am an attorney at the law firm of O’Melveny & Myers LLP, counsel for Defendant
`
`Apple, Inc. (“Apple”) in this matter filed by Plaintiff Maxell, Ltd. (“Maxell”). I have personal
`
`knowledge of the facts stated herein and if called to testify could and would competently testify
`
`thereto.
`
`2.
`
`Attached as Exhibit A is an excerpt of a true and correct copy of the United States
`
`Securities and Exchange Commission’s Form 10-K for Intel Corporation for the fiscal year ending
`
`December 29, 2018.
`
`3.
`
`Attached as Exhibit B is an excerpt of a true and correct copy of the United States
`
`Securities and Exchange Commission’s Form 10-K for QUALCOMM Incorporated for the fiscal
`
`year ending on September 30, 2018.
`
`4.
`
`Attached as Exhibit C are true and correct copies of the United States Patent and
`
`Trademark Office’s assignment abstract records for U.S. Patent Nos. 6,748,317, 6,580,999,
`
`1
`
`
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`Case 5:19-cv-00036-RWS Document 58-2 Filed 08/13/19 Page 2 of 4 PageID #: 1468
`
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`8,339,493, 7,116,438, 6,408,193, 6,928,306, 6,329,794, 10,212,586, and 6,430,498, printed from
`
`the website of the United States Patent and Trademark Office on July 11, 2019.
`
`5.
`
`Attached as Exhibit D is an excerpt of a true and correct copy of the trial transcript
`
`from Maxell, Ltd. v. ZTE USA, Inc., No. 5:16-cv-00179-RWS (E.D. Tex.), dated June 28, 2018.
`
`6.
`
`Attached as Exhibit E is a true and correct copy of the public records of all
`
`businesses associated with 511 N Washington Ave., Marshall, TX 75670, printed from
`
`clustrmaps.com on July 8, 2019.
`
`7.
`
`Attached as Exhibit F is a true and correct copy of the public records of all
`
`businesses associated with 3 Garret Mountain Plaza, Woodland Park, NJ 07424, printed from
`
`clustrmaps.com on July 9, 2019.
`
`8.
`
`Attached as Exhibit G is a true and correct copy of the Confidentiality Agreement
`
`between Apple Inc. and Maxell Corporation of America, dated and signed by Maxell Corporation
`
`of America on November 21, 2013.
`
`9.
`
`Attached as Exhibit H is a compilation of Google Maps printouts showing the
`
`distances from Apple’s headquarters to the Northern District of California’s Courthouse in San
`
`Francisco, CA, to the Northern District of California’s Courthouse in Oakland, CA, to the Northern
`
`District of California’s Courthouse in San Jose, CA, and to the Eastern District of Texas’s
`
`Courthouse in Texarkana, TX, printed from Google Maps on July 9, 2019.
`
`10.
`
`Attached as Exhibit I is a compilation of Google Maps printouts showing the
`
`distances from Intel’s headquarters to the Northern District of California’s Courthouse in San
`
`Francisco, CA, to the Northern District of California’s Courthouse in Oakland, CA, to the Northern
`
`District of California’s Courthouse in San Jose, CA, and to the Eastern District of Texas’s
`
`Courthouse in Texarkana, TX, printed from Google Maps on July 9, 2019.
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`2
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`Case 5:19-cv-00036-RWS Document 58-2 Filed 08/13/19 Page 3 of 4 PageID #: 1469
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`11.
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`Attached as Exhibit J is a compilation of Google Maps printouts showing the
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`distances from San Jose, CA, Santa Clara, CA, and San Francisco, CA, amongst which Qualcomm
`
`has seven offices, to the Northern District of California’s Courthouse in San Francisco, CA, to the
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`Northern District of California’s Courthouse in Oakland, CA, to the Northern District of
`
`California’s Courthouse in San Jose, CA, and to the Eastern District of Texas’s Courthouse in
`
`Texarkana, TX, printed from Google Maps on July 9, 2019.
`
`12.
`
`Attached as Exhibit K is a compilation of Google Maps printouts showing the
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`distances from the locations of the named inventors (i.e., Chigasaki, JP; Fujisawa, JP; Hiratsuka,
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`JP; Hitachinaka, JP; Iwaki, JP; Kawasaki, JP; Kodaira, JP; Sagamihara, JP; Tokyo, JP; Yamato,
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`JP; Yokohama, JP) shown on the face of the patents-in-suit to Tokyo, JP, printed from Google
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`Maps on July 11, 2019.
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`13.
`
`Attached as Exhibit L is a true and correct copy of a list of non-stop flights from
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`the Tokyo region (Narita International Airport or Haneda Airport) to the San Francisco Bay Area
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`(San Francisco International Airport or San Jose International Airport), printed from Matrix
`
`Airfare Search on July 11, 2019.
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`14.
`
`Attached as Exhibit M is a true and correct copy of a list of flights from the Tokyo
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`region (Narita International Airport or Haneda Airport) to the Texarkana Regional Airport sorted
`
`by duration, printed from Matrix Airfare Search on July 9, 2019.
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`15.
`
`Attached as Exhibit N is a true and correct copy of the Cover Pleading of Plaintiff
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`Maxell, Ltd.’s Patent Rule 3-1 and 3-2 Disclosure of Asserted Claims and Infringement
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`Contentions Against Defendant Apple Inc., served in this case on June 12, 2019.
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`16.
`
`Attached as Exhibit O is a true and correct copy of Maxell, Ltd.’s Initial and
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`Additional Disclosures, served in this case on July 10, 2019.
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`3
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`Case 5:19-cv-00036-RWS Document 58-2 Filed 08/13/19 Page 4 of 4 PageID #: 1470
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`17.
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`Attached as Exhibit P is a true and correct copy of Apple Inc.’s Initial and
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`Additional Disclosures, served in this case on July 10, 2019.
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`18.
`
`Attached as Exhibit Q is an excerpt of a true and correct copy of the deposition
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`transcript of Maxell employee Kenji Nakamura dated December 15, 2017, as produced by Maxell
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`in this case and bearing bates numbers MAXELL_APPLE0095914-915 and -938.
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`19.
`
`Attached as Exhibit R is a true and correct copy of Maxell, Ltd.’s Objections and
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`Responses to Apple Inc.’s First Set of Interrogatories (Nos. 1-16), served in this case on July 29,
`
`2019.
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`20.
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`Attached as Exhibit S is a true and correct copy of the Confidentiality Agreement
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`for Patent Sales Discussions between Hitachi, Ltd. and Apple Inc., dated and signed by Hitachi
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`Ltd. on November 4, 2011, and by Apple Inc. on November 7, 2011, as produced by Apple in this
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`case and bearing bates numbers APL-MAXELL_00251347 - APL-MAXELL_00251352.
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`21.
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`Attached as Exhibit T is a true and correct copy of letter dated June 25, 2013, to
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`Patrick Murphy at Apple Inc. from Shigemi Iwasaki at Hitachi, Ltd., as produced by Maxell in this
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`case and bearing bates numbers MAXELL_APPLE0108220 - MAXELL_APPLE0108234.
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`I declare under the penalty of perjury that the foregoing is true and correct.
`
`
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`Executed in San Francisco, California, on this 9th day of August, 2019.
`
`
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`/s/ Luann L. Simmons
`
`Luann L. Simmons
`
`
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`4
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