`
`
`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 REPLY IN SUPPORT OF ITS 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 U is a true and correct copy of an email sent by Satoshi Matsuo
`
`of Hitachi Ltd. to Boris Teksler of Apple Inc. on June 17, 2013, as produced by Apple in this case
`
`and bearing bates numbers APL-MAXELL_00253364 through -368.
`
`3.
`
`Attached as Exhibit V is a true and correct copy of an email sent by Satoshi Matsuo
`
`of Hitachi Ltd. to Patrick Murphy of Apple Inc. on June 24, 2013, as produced by Apple in this
`
`case and bearing bates numbers APL-MAXELL_00253369 through -376.
`
`1
`
`
`
`Case 5:19-cv-00036-RWS Document 72-1 Filed 09/04/19 Page 2 of 3 PageID #: 3765
`
`
`4.
`
`Attached as Exhibit W is a true and correct copy of the Hitachi Patent Sale
`
`Agreement between Apple Inc. and Hitachi, Ltd., effective as of June 11, 2015, as produced by
`
`Apple in this case and bearing bates numbers APL-MAXELL_00777117 through -140.
`
`5.
`
`Attached as Exhibit X is an excerpt of a true and correct copy of a Hitachi News
`
`Release entitled “Hitachi and Hitachi Maxwell Announce Making a Wholly Owned Subsidiary of
`
`Hitachi via a Share Exchange,” dated February 24, 2010, as retrieved from Hitachi’s website:
`
`http://www.hitachi.us/press/02242010-01.
`
`6.
`
`Attached as Exhibit Y is a true and correct copy of the LinkedIn profile for
`
`Madhusudan Chaudhary.
`
`7.
`
`Attached as Exhibit Z is a true and correct copy of the LinkedIn profile for Heather
`
`Mewes.
`
`8.
`
`Attached as Exhibit AA is a true and correct copy of the LinkedIn profile for Max
`
`Muller.
`
`9.
`
`Attached as Exhibit BB is a true and correct copy of the LinkedIn profile for
`
`Augustin Farrugia.
`
`10.
`
`Attached as Exhibit CC is a true and correct copy of the LinkedIn profile for Payam
`
`Mirrashidi.
`
`11.
`
`Attached as Exhibit DD is a true and correct copy of “Intel in Texas” as retrieved
`
`from Intel’s website: https://www.intel.com/content/www/us/en/corporate-responsibility/intel-in-
`
`texas.html.
`
`12.
`
`Attached as Exhibit EE is a true and correct copy of the LinkedIn profile for
`
`Taraneh Maghame.
`
`2
`
`
`
`Case 5:19-cv-00036-RWS Document 72-1 Filed 09/04/19 Page 3 of 3 PageID #: 3766
`
`
`13.
`
`Attached as Exhibit FF is a true and correct copy of the LinkedIn profile for Boris
`
`Teksler.
`
`14.
`
`Attached as Exhibit GG is a true and correct copy of an Order (Sealed) for Omni
`
`Medsci, Inc. v. Apple Inc., Civil Action No. 2:18-CV-00134-RWS (E.D. Tex., Aug. 14, 2019),
`
`ECF No. 279.
`
`I declare under the penalty of perjury that the foregoing is true and correct.
`
`Executed in San Francisco, California, on this 30th day of August, 2019.
`
`
`
`/s/ Luann L. Simmons
`
`Luann L. Simmons
`
`
`
`3
`
`
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