Case 5:19-cv-00036-RWS Document 66-1 Filed 08/27/19 Page 1 of 9 PageID #: 2732
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`v.
`
`APPLE INC.,
`
`Plaintiff,
`
`Defendant.
`
`Case No. 5:19-cv-00036-RWS
`
`JURY TRIAL DEMANDED
`
`DECLARATION OF CLARK BAKEWELL IN SUPPORT OF PLAINTIFF
`MAXELL, LTD.’S OPPOSITION TO APPLE INC.’S AMENDED
`MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. § 1404(a)
`
`I, Clark Bakewell, declare as follows.
`
`1.
`
`I am an attorney with the law firm of Mayer Brown LLP. I am admitted to the bar
`
`of the State of Maryland. I am also admitted Pro Hac Vice to practice in the Eastern District of
`
`Texas. I represent Plaintiff Maxell, Ltd. in the above-captioned action.
`
`2.
`
`I am submitting this declaration on behalf of Maxell in support of its Opposition
`
`to Apple Inc.’s Amended Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404 (Dkt. No. 57).
`
`3.
`
`Attached as Exhibit 01 hereto is a true and correct copy of the November 2, 2012
`
`hearing transcript from Virnetx, Inc. v. Apple Inc., No. 6:10-cv-417 (E.D. Tex.) at pages 36-39.
`
`4.
`
`Attached as Exhibit 02 hereto is a true and correct copy of the September 1, 2016
`
`Fortune article titled Where Apple Has Quietly Built Its Biggest Campus accessed at
`
`https://fortune.com/2016/09/01/apple-austin-campus/.
`
`5.
`
`Attached as Exhibit 03 hereto is a true and correct copy of the April 29, 2016
`
`Statesman article titled Documents: Apple has created over 2,000 Austin jobs since 2012
`
`- 1 -
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`PUBLIC VERSION
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`v.
`
`APPLE INC.,
`
`Plaintiff,
`
`Defendant.
`
`Case No. 5:19-cv-00036-RWS
`
`JURY TRIAL DEMANDED
`
`DECLARATION OF CLARK BAKEWELL IN SUPPORT OF PLAINTIFF
`MAXELL, LTD.’S OPPOSITION TO APPLE INC.’S AMENDED
`MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. § 1404(a)
`
`I, Clark Bakewell, declare as follows.
`
`1.
`
`I am an attorney with the law firm of Mayer Brown LLP. I am admitted to the bar
`
`of the State of Maryland. I am also admitted Pro Hac Vice to practice in the Eastern District of
`
`Texas. I represent Plaintiff Maxell, Ltd. in the above-captioned action.
`
`2.
`
`I am submitting this declaration on behalf of Maxell in support of its Opposition
`
`to Apple Inc.’s Amended Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404 (Dkt. No. 57).
`
`3.
`
`Attached as Exhibit 01 hereto is a true and correct copy of the November 2, 2012
`
`hearing transcript from Virnetx, Inc. v. Apple Inc., No. 6:10-cv-417 (E.D. Tex.) at pages 36-39.
`
`4.
`
`Attached as Exhibit 02 hereto is a true and correct copy of the September 1, 2016
`
`Fortune article titled Where Apple Has Quietly Built Its Biggest Campus accessed at
`
`https://fortune.com/2016/09/01/apple-austin-campus/.
`
`5.
`
`Attached as Exhibit 03 hereto is a true and correct copy of the April 29, 2016
`
`Statesman article titled Documents: Apple has created over 2,000 Austin jobs since 2012
`
`- 1 -
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`PUBLIC VERSION
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`
`
`Case 5:19-cv-00036-RWS Document 66-1 Filed 08/27/19 Page 2 of 9 PageID #: 2733
`
`accessed
`
`at
`
`https://www.statesman.com/news/20160429/documents-apple-has-created-over-
`
`2000-austin-jobs-since-2012.
`
`6.
`
`Attached as Exhibit 04 hereto is a true and correct copy of the November 20, 2016
`
`New York Times article titled How Apple Empowers, and Employs, the American Working Class
`
`accessed
`
`at
`
`https://www.nytimes.com/2016/11/21/technology/how-apple-empowers-and-
`
`employs-the-american-working-class.html.
`
`7.
`
`Attached as Exhibit 05 hereto is a true and correct copy of the September 4, 2016
`
`Statesman article titled In Austin, Apple quietly booming, transforming tech sector’s culture
`
`accessed
`
`at
`
`https://www.statesman.com/news/20160904/in-austin-apple-quietly-booming-
`
`transforming-tech-sectors-culture.
`
`8.
`
`Attached as Exhibit 06 hereto is a true and correct copy of the January 9, 2019
`
`deposition transcript of Bodie P. Nash in the matter of Uniloc USA, Inc. v. Apple Inc. at pages 8,
`
`59-60, and 133-134.
`
`9.
`
`Attached as Exhibit 07 hereto is a true and correct copy of the January 8, 2019
`
`deposition transcript of Kayla Christie in the matter of Uniloc USA, Inc. v. Apple Inc. at pages 8,
`
`30, and 101-102.
`
`10.
`
`Attached as Exhibit 08 hereto is a true and correct copy of the January 26, 2015
`
`ZDNet article titled Apple to rely on Samsung chips for iPhone, iPad into 2015 accessed at
`
`https://www.zdnet.com/article/apple-still-depending-on-samsung-for-iphone-chips-as/.
`
`11.
`
`Attached as Exhibit 09 hereto is a true and correct copy of a list of Broadcom,
`
`Inc.’s locations accessed at https://www.broadcom.com/company/contact#locations on August 5,
`
`2019.
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`- 2 -
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`PUBLIC VERSION
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`
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`Case 5:19-cv-00036-RWS Document 66-1 Filed 08/27/19 Page 3 of 9 PageID #: 2734
`
`12.
`
`Attached as Exhibit 10 hereto is a true and correct copy of a list of Flextronics’
`
`locations accessed at https://flex.com/connect/global-locations on August 22, 2019.
`
`13.
`
`Attached as Exhibit 11 hereto is a true and correct copy of a list of Toshiba
`
`Memory America, Inc.’s locations accessed at
`
`https://www.toshiba.com/tma/sales/offices.jsp?country=us&state=TX on August 5, 2019.
`
`14.
`
`Attached as Exhibit 12 hereto is a true and correct copy of a list of Qorvo, Inc.’s
`
`locations accessed at https://www.qorvo.com/careers/locations on August 5, 2019.
`
`15.
`
`Attached as Exhibit 13 hereto is a true and correct copy of a list of NXP
`
`Semiconductors N.V.’s locations accessed at https://www.nxp.com/about/about-nxp/about-
`
`nxp/worldwide-locations/nxp-in-the-united-states:USA on August 22, 2019.
`
`16.
`
`Attached as Exhibit 14 hereto is a true and correct copy of a list of Cirrus Logic,
`
`Inc.’s locations accessed at https://www.cirrus.com/careers/locations/ on August 22, 2019.
`
`17.
`
`Attached as Exhibit 15 hereto is a true and correct copy of a list of Synopsys,
`
`Inc.’s
`
`locations accessed at https://www.synopsys.com/company/contact-synopsys/office-
`
`locations.html on August 22, 2018.
`
`18.
`
`Attached as Exhibit 16 hereto is a true and correct copy of a list of
`
`STMicroelectronics, Inc.’s locations accessed at https://www.st.com/content/st_com/en/contact-
`
`us.html on August 5, 2019.
`
`19.
`
`Attached as Exhibit 17 hereto is a true and correct copy of a list of Qualcomm,
`
`Inc.’s locations accessed at
`
`https://www.qualcomm.com/company/facilities/offices?country=USA®ion=TX on August
`
`15, 2019.
`
`- 3 -
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`PUBLIC VERSION
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`
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`Case 5:19-cv-00036-RWS Document 66-1 Filed 08/27/19 Page 4 of 9 PageID #: 2735
`
`20.
`
`Attached as Exhibit 18 hereto is a true and correct copy of an Intel in Texas
`
`webpage titled Intel in Texas accessed at https://www.intel.com/content/www/us/en/corporate-
`
`responsibility/intel-in-texas.html on August 15, 2019.
`
`21.
`
`Attached as Exhibit 19 hereto is a true and correct copy of Apple Inc.’s First
`
`Amended Trial Witness List in the matter of Core Wireless Licensing S.A.R.L. v. Apple Inc., No.
`
`5:15-cv-5008 (N.D. Cal.), dated November 28, 2016.
`
`22.
`
`Attached as Exhibit 20 hereto is a true and correct copy of Apple Inc.’s Amended
`
`Notice of Filing of Designations of Depositions and Discovery Responses, Witness List, and
`
`Exhibit List in the matter of Golden Bridge Technology Inc. v. Apple Inc., No. 5:12-cv-04882
`
`(N.D. Cal.), dated May 6, 2014, along with attached witness list.
`
`23.
`
`Attached as Exhibit 21 hereto is a true and correct copy of Core Wireless
`
`Licensing S.A.R.L.’s Sur-Reply in Support of its Opposition to Apple’s Motion to Transfer
`
`Venue in the matter of Core Wireless Licensing S.A.R.L. v. Apple Inc., (E.D. Tex.), dated August
`
`3, 2015.
`
`24.
`
`Attached as Exhibit 22 hereto is a true and correct copy of Apple Inc.’s Notice of
`
`Lodgment in the matter of Core Wireless Licensing S.A.R.L. v. Apple Inc., No. 5:15-cv-5008
`
`(N.D. Cal.), dated December 10, 2016.
`
`25.
`
`Attached as Exhibit 23 hereto is a true and correct copy of the trial minutes in the
`
`matter of Golden Bridge Technology Inc. v. Apple Inc., No. 5:12-cv-04882 (N.D. Cal.), dated
`
`June 2, 2014 through June 16, 2014.
`
`26.
`
`Attached as Exhibit 24 hereto is a true and correct copy of a list of Hitachi, Ltd.’s
`
`locations accessed at https://www.hitachi-hightech.com/us/about/corporate/location/index.html
`
`on August 22, 2019.
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`- 4 -
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`PUBLIC VERSION
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`
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`Case 5:19-cv-00036-RWS Document 66-1 Filed 08/27/19 Page 5 of 9 PageID #: 2736
`
`27.
`
`Attached as Exhibit 25 hereto is a true and correct copy of the March 28, 2018
`
`Vox article titled Tim Cook explains why ‘it’s not true’ that the iPhone ‘isn’t built in the United
`
`States’ accessed at https://www.vox.com/2018/3/28/17172204/tim-cook-revolution-apple-ceo-
`
`iphone-china-united-states-manufacturing.
`
`28.
`
`Attached as Exhibit 26 hereto is a true and correct copy of Maxell’s Preliminary
`
`Infringement Contentions in the present matter of U.S. Patent No. 10,212,586, served June 12,
`
`2019.
`
`29.
`
`Attached as Exhibit 27 hereto is a true and correct copy of “Federal Court
`
`Management Statistics–Profiles,” dated March 31, 2019 and published by the Administrative
`
`Office of the U.S. Courts and accessed at https://www.uscourts.gov/federal-court-management-
`
`statistics-march-2019.
`
`30.
`
`Attached as Exhibit 28 hereto is a true and correct copy of the December 14, 2018
`
`Curbed Austin article titled How Austin landed the Apple deal accessed at
`
`https://austin.curbed.com/2018/12/14/18141017/austin-apple-incentives-taxes-city-state-county.
`
`31.
`
`Attached as Exhibit 29 hereto is a true and correct copy of the December 18, 2013
`
`Statesman article titled Apple confirms Mac Pro production has started in Austin accessed at
`
`https://www.statesman.com/article/20131218/business/312189722.
`
`32.
`
`Attached as Exhibit 30 hereto is a true and correct copy of the April 26, 2019
`
`Engadget article titled Intel is trying to sell its smartphone-modem business accessed at
`
`https://www.engadget.com/2019/04/26/intel-is-trying-to-sell-its-smartphone-modem-
`
`business/?guccounter=1.
`
`33.
`
`Attached as Exhibit 31 hereto is a true and correct copy of the May 5, 2019
`
`PhoneArena.com article titled 2019 iPhones to feature new antenna structure that improves
`
`- 5 -
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`PUBLIC VERSION
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`
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`Case 5:19-cv-00036-RWS Document 66-1 Filed 08/27/19 Page 6 of 9 PageID #: 2737
`
`indoor navigation accessed at https://www.phonearena.com/news/Apple-iPhone-2019-updated-
`
`antenna-indoor-navigation_id115787.
`
`34.
`
`Attached as Exhibit 32 hereto is a true and correct copy of a list of Murata
`
`Manufacturing
`
`Co.,
`
`Ltd.’s
`
`locations
`
`accessed
`
`at
`
`https://www.murata.com/en-
`
`us/about/company/muratalocations/americas/meatx on August 22, 2019.
`
`35.
`
`Attached as Exhibit 33 hereto is a true and correct copy of the August 29, 2014
`
`Reuters article titled Apple working with NXP for pay-by-touch technology in new iPhone: FT
`
`accessed at https://www.reuters.com/article/us-apple-iphone-nxp-semicondtrs/apple-working-
`
`with-nxp-for-pay-by-touch-technology-in-new-iphone-ft-idUSKBN0GT0IB20140829.
`
`36.
`
`Attached as Exhibit 34 hereto is a true and correct copy of the November 13, 2018
`
`Reuters article titled Qorvo joins other Apple suppliers in cutting forecast accessed at
`
`https://www.reuters.com/article/us-qorvo-outlook/qorvo-joins-other-apple-suppliers-in-cutting-
`
`forecast-idUSKCN1NI1U8.
`
`37.
`
`Attached as Exhibit 35 hereto is a true and correct copy of the April 17, 2019
`
`CNET article titled Apple, Qualcomm will bring you a 5G iPhone – just not this year accessed at
`
`https://www.cnet.com/news/apple-qualcomm-will-bring-you-a-5g-iphone-just-not-this-year/.
`
`38.
`
`Attached as Exhibit 36 hereto is a true and correct copy of the September 6, 2017
`
`AppleInsider article titled Samsung is sole supplier of costly ‘iPhone 8’ OLED, putting Apple in
`
`‘urgent need’ of alternatives accessed at https://appleinsider.com/articles/17/09/06/samsung-is-
`
`sole-supplier-of-costly-iphone-8-oled-putting-apple-in-urgent-need-of-alternatives.
`
`39.
`
`Attached as Exhibit 37 hereto is a true and correct copy of a list of Samsung
`
`Display Co., Ltd.’s locations accessed at
`
`https://www.samsungdisplay.com/eng/intro/loc_global.jsp on August 22, 2019.
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`- 6 -
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`PUBLIC VERSION
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`
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`Case 5:19-cv-00036-RWS Document 66-1 Filed 08/27/19 Page 7 of 9 PageID #: 2738
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`40.
`
`Attached as Exhibit 38 hereto is a true and correct copy of the July 18, 2017
`
`Washington Post article titled Samsung to manufacture iPhone chips for Apple again, report says
`
`accessed
`
`at
`
`https://www.washingtonpost.com/news/innovations/wp/2017/07/18/samsung-to-
`
`manufacture-iphone-chips-for-apple-again-report-says/.
`
`41.
`
`Attached as Exhibit 39 hereto is a true and correct copy of the May 27, 2017
`
`Madison article titled Here’s Why the Best is Yet to Come for Skyworks Solutions, Inc. accessed
`
`at
`
`https://madison.com/business/investment/markets-and-stocks/here-s-why-the-best-is-yet-to-
`
`come-for/article_48805796-fed1-5994-af75-e23916feb21d.html.
`
`42.
`
`Attached as Exhibit 40 hereto is a true and correct copy of the June 1, 2017
`
`AppleInsider article titled Sony prioritizing Apple’s Supply of iPhone cameras, cutting back on
`
`other vendors accessed at https://appleinsider.com/articles/17/06/01/sony-prioritizing-apples-
`
`supply-of-iphone-cameras-cutting-back-on-other-vendors.
`
`43.
`
`Attached as Exhibit 41 hereto is a true and correct copy of the November 9, 2017
`
`ZDNet article titled iPhone X: This is how much it costs to make one, in components accessed at
`
`https://www.zdnet.com/article/iphone-x-this-is-how-much-it-costs-to-make-in-components/.
`
`44.
`
`Attached as Exhibit 42 hereto is a true and correct copy of the January 24, 2019
`
`Reuters article titled Chip results augur more tech gloom as slowing China weighs accessed at
`
`https://www.reuters.com/article/us-china-chips-outlook/chip-results-augur-more-tech-gloom-as-
`
`slowing-china-weighs-idUSKCN1PI0YC.
`
`45.
`
`Attached as Exhibit 43 hereto is a true and correct copy of a list of Texas
`
`Instrument, Inc.’s locations accessed at
`
`http://www.ti.com/corp/docs/investor_relations/contact_us.html on August 22, 2019.
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`PUBLIC VERSION
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`Case 5:19-cv-00036-RWS Document 66-1 Filed 08/27/19 Page 8 of 9 PageID #: 2739
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`46.
`
`Attached as Exhibit 44 hereto is a true and correct copy of the September 21,
`
`2018 Reuters article titled As new iPhones go on sale, studies reveal chips from Intel and
`
`Toshiba accessed at
`
`https://www.reuters.com/article/us-apple-iphones-teardown/as-new-
`
`iphones-go-on-sale-studies-reveal-chips-from-intel-and-toshiba-idUSKCN1M11NS.
`
`47.
`
`Attached as Exhibit 45 hereto is a true and correct copy of the September 6, 2018
`
`Bloomberg article titled iPhone’s Wi-Fi Module Maker Sees Earnings Improvement in 2019
`
`accessed
`
`at
`
`https://www.bloomberg.com/news/articles/2018-09-06/iphone-s-wi-fi-module-
`
`maker-sees-earnings-improvement-in-2019.
`
`48.
`
`Attached as Exhibit 46 hereto is a true and correct copy of the June 5, 2018
`
`CNBC article titled Broadcom will generate $10 in revenue from every new iPhone, JP Morgan
`
`estimates accessed at https://www.cnbc.com/2018/06/05/broadcom-will-generate-10-in-revenue-
`
`from-every-new-iphone-jp-morgan-estimates.html.
`
`49.
`
`Attached as Exhibit 47 hereto is a true and correct copy of excerpts from the
`
`September 17, 2018 TechInsights article titled Apple iPhone X Teardown accessed at
`
`https://www.techinsights.com/blog/apple-iphone-x-teardown.
`
`50.
`
`Attached as Exhibit 48 hereto is a true and correct copy of the July 31, 2019
`
`Statesman article titled Austin chipmaker Cirrus Logic swings to profit in most recent quarter
`
`accessed at https://www.statesman.com/news/20190731/austin-chipmaker-cirrus-logic-swings-
`
`to-profit-in-most-recent-quarter.
`
`51.
`
`Attached as Exhibit 49 hereto is a true and correct copy of the March 6, 2019
`
`AppleInsider article titled Dialog Semiconductor expects growth after $600M Apple chip deal
`
`concludes accessed at https://appleinsider.com/articles/19/03/06/dialog-semiconductor-expects-
`
`growth-after-600m-apple-chip-deal-concludes.
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`PUBLIC VERSION
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`Case 5:19-cv-00036-RWS Document 66-1 Filed 08/27/19 Page 9 of 9 PageID #: 2740
`Case 5:19-cv-00036—RWS Docume t
`-1
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`nPU6136L1C VIEIILeSgngIB/ZWlQ Page 9 of 9 PageID #. 2740
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`52.
`
`I hereby declare under penalty of perjury that the foregoing statements are true
`
`and accurate to the best of my knowledge, information, and belief.
`
`Executed on August 23, 2019
`
`flfl
`
`Clark S. Bakewell
`
`PUBLIC VERSION
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