Case 1:20-cv-00765-DAE Document 18-1 Filed 02/28/22 Page 1of3
`Case 1:20-cv-00765-DAE Document 18-1 Filed 02/28/22 Page 1 of 3
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
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`C.A. No. 1:20-cv-00765
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`§ §
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`§
`§
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`§ §
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`§ §
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`§
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`BANDSPEED,LLC,
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`Plaintiff,
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`V.
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`REALTEK SEMICONDUCTOR CORP.,
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`Defendant.
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`DECLARATION OF LIN, HOU WEI IN SUPPORT OF
`DEFENDANT REALTEK SEMICONDUCTOR CORP.’S MOTION TO DISMISS
`FOR LACK OF PERSONAL JURISDICTION,
`FAILURE TO STATE A CLAIM, AND DELAY IN SERVICE
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`I, Lin, Hou Wei, hereby declare as follows:
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`I.
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`I am currently employed by Realtek Semiconductor Corporation (“Realtek”) as
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`Chief Officer in Communications Network Business Group Bu IV.
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`I have been employed at
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`Realtek since November26, 2001.
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`2.
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`lam over 18 years of age.
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`[ have personal knowledgeof the facts set forth herein
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`and, if called upon as a witness, [ could competently testify to them under oath.
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`3.
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`I submit this declaration in support of Realtek’s Motion to Dismiss for Lack of
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`Personal Jurisdiction, Failure to State a Claim, and Delay in Service.
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`4,
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`[ understand that Plaintiff Bandspeed, LLC (“Bandspeed”) has sued Realtek in the
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`above-captioned action (the “Lawsuit”), alleging infringement of U.S. Patent Nos. 7,027,418 (the
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`‘“°418 Patent’), 7,477,624 (the “’624 Patent”), 7,570,614 (the “’614 Patent”), 7,903,608 (the “608
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`Patent’), 8,542,643 (the “’643 Patent’), 8,873,500 (the “’S00 Patent”), 9,379,769 (the “’769
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`Patent’), and 9,883,520 (the “’520 Patent’) (collectively, the “Patents”),
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`I understand that in the
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`Lawsuit, Bandspeed accuses products “that use, practice, and/or comply with the Bluetooth Core
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`Case 1:20-cv-00765-DAE Document 18-1 Filed 02/28/22 Page 2 of 3
`Case 1:20-cv-00765-DAE Document 18-1 Filed 02/28/22 Page 2 of 3
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`Specification Version 2.0+EDRorhigher” and products “that use, practice, and/or comply with
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`the Bluetooth low energy protocol” version 4.0 or later (collectively, “Accused Components’).
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`Complaint J 28-30.
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`5.
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`Realtek is organized under the laws of Taiwan. Realtek’s principal place of
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`business is located at No. 2 Innovation Road I, Hsinchu Science Park, Hsinchu 300, Taiwan.
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`6.
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`In response to Bandspeed’s allegations in the Lawsuit, Realtek has investigated
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`whether any connections exist between Realtek and Texas.
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`7.
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`As of today, Realtek is not authorized, registered, or licensed to do business in
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`Texas and has no place of business, or operations in Texas. As of today, Realtek does not own,
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`lease, or otherwise maintain any real property, personal property, telephonelisting, office space or
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`equipment, bank accounts, or otherassets in Texas.
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`8.
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`In general, as of today, Realtek sells its products,
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`including the Accused
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`Components, directly to distributors outside of Texas.
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`In general, Realtek’s direct customersresell
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`products to other third parties that may use those chips in consumerproducts they manufacture.
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`9.
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`I understand that Bandspeed has alleged that Realtek “provides” Accused
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`Components “to be used as components in” products made by Asustek ComputerInc. (“Asustek”).
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`See Complaint f 38-39. However, Realtek does not sell Accused Components directly to Asustek
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`in Texas or elsewhere in the United States.
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`10.
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`I understand that Bandspeed hasalleged that Best Buy sells products containing
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`Accused Components. See Complaint 47. However, Realtek does not sell Accused Components
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`directly to Best Buy in Texas or elsewhere in the United States.
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`11.
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`I understand that Bandspeed has alleged that Realtek “provides” Accused
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`Components “to be used as components in” products made by JLab Audio (“JLab”).
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`See
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`Complaint {J 50-51. However, Realtek does not sell Accused Components directly to JLab in
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`Texas or elsewhere in the United States.
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`Case 1:20-cv-00765-DAE Document 18-1 Filed 02/28/22 Page 3of3
`Case 1:20-cv-00765-DAE Document 18-1 Filed 02/28/22 Page 3 of 3
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`12.
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`I understand that Bandspeed has alleged that Target sells products containing
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`Accused Components. See Complaint J 60. However, Realtek does not sell Accused Components
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`directly to Target in Texas or elsewherein the United States.
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`I declare underpenalty of perjury under the laws ofthe United States that the foregoing is
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`true and correctto the best of my knowledge.
`Executed on February 25, 2022 in Hsinchu, Taiwan.
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`Livy
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`Ho,
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`Wee
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`Lin, Hou Wei
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