`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`BANDSPEED, LLC,
`
`v.
`
`Plaintiff,
`
`REALTEK SEMICONDUCTOR CORP.,
`
`Defendant.
`
`§
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`Case No. 1:20-cv-00765
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`DECLARATION OF JEFFREY L. JOHNSON IN SUPPORT OF
`DEFENDANT’S RULE 12 MOTION TO DISMISS
`
`I, Jeffrey L. Johnson, declare:
`
`1.
`
`I am a member of the State Bar of Texas and a partner with Orrick, Herrington &
`
`Sutcliffe LLP (“Orrick”), counsel of record for Defendant Realtek Semiconductor Corp.
`
`(“Realtek”) in this action. I submit this Declaration in support of Realtek’s Rule 12 Motion to
`
`Dismiss. I am over 18 years of age. I have personal knowledge of the facts set forth herein and,
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`if called upon as a witness, I could competently testify to them under oath.
`
`2.
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`Attached hereto as Exhibit A is a true and correct copy of an email exchange
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`between DiNovo Price LLP (“DiNovo”), counsel for Plaintiff Bandspeed, LLC (“Bandspeed”),
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`and Orrick, including a PDF printout of a FedEx tracking page provided by Adam Price at DiNovo
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`as an attachment to his email on February 23, 2022.
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`3.
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`Attached hereto as Exhibit B is a true and correct copy of an email exchange
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`between Orrick and the American Institute in Taiwan (“AIT”) on February 22-23, 2022, including
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`the PDF provided by Orrick as an attachment to its email.
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`
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`Case 1:20-cv-00765-DAE Document 17-1 Filed 02/28/22 Page 2 of 2
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
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`true and correct to the best of my knowledge.
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`Executed on February 28, 2022, at Houston, Texas.
`
`/s/ Jeffrey L. Johnson
`Jeffrey L. Johnson
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`2
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