`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`TOUCHSTREAM TECHNOLOGIES, INC.,
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`GOOGLE LLC,
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`Defendant.
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`Plaintiff,
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`v.
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`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`Civil Case No. 6:21-cv-569-ADA
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`JURY TRIAL DEMANDED
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`DECLARATION OF EVAN MCLEAN IN SUPPORT OF
`GOOGLE LLC’S MOTION TO TRANSFER
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`
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`Case 6:21-cv-00569-ADA Document 27-2 Filed 12/23/21 Page 2 of 4
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`
`I, Evan McLean, declare and state as follows:
`
`1.
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`I am an attorney with the law firm Jones Day, counsel of record for Defendant
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`Google LLC (“Defendant”). I am knowledgeable about the facts set forth in this declaration and
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`could and would testify competently to them if called as a witness, unless otherwise stated. I
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`provide this declaration in support of Defendant’s Motion to Transfer Pursuant to 28 U.S.C. §
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`1404(a).
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`2.
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`Attached hereto as Exhibit C is a true and correct copy of the LinkedIn profile of
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`Rajiv Lulla.
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`3.
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`Attached hereto as Exhibit D is a true and correct copy of the LinkedIn profile of
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`David Strober (last visited November 16, 2021).
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`4.
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`Attached hereto as Exhibit E is a true and correct copy of the LinkedIn profile of
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`Herb Mitschele (last visited November 16, 2021).
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`5.
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`Attached hereto as Exhibit F (filed under seal) is a true and correct copy of a
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`December 12, 2011 agreement between Google and Touchstream Technologies D.B.A. Shodogg.
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`6.
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`Attached hereto as Exhibit G-1 is a true and correct copy of a Docket Navigator
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`search conducted on December 20, 2021, showing 839 active cases in 2021 in the Western District
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`of Texas.
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`7.
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`Attached hereto as Exhibit G-2 is a true and correct copy of a Docket Navigator
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`search conducted on December 20, 2021, showing 223 active cases in 2021 in the Northern District
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`of California.
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`8.
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`Attached hereto as Exhibit H is an excerpted, true and correct copy of the U.S. District
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`Court – Judicial Caseload Profile for the Western District of Texas and the Northern District of
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`Texas,
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`from
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`the Federal Court Management Statistics,
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`June 2021, available at
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`
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`2
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`
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`Case 6:21-cv-00569-ADA Document 27-2 Filed 12/23/21 Page 3 of 4
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`https://www.uscourts.gov/statistics-reports/federal-court-management-statistics-june-2021
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`(last
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`visited November 16, 2021).
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`9.
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`Attached hereto as Exhibit I is a true and correct copy of U.S. Patent Publication No.
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`2010/0241699.
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`10.
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`11.
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`Attached hereto as Exhibit J is a true and correct copy of U.S. Patent No. 8,544,046.
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`Attached hereto as Exhibit K is a true and correct copy of International Patent
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`Publication No. WO 2011/078879.
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`12.
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`Attached hereto as Exhibit L is a true and correct copy of International Patent
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`Publication No. WO 2010/151284.
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`13.
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`Attached hereto as Exhibit M is a true and correct copy of Touchstream Techs., Inc.
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`v. Vizbee, Inc., 1:17-cv-6247-PGG, Dkt. 20 (S.D.N.Y. Oct. 19, 2017).
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`14.
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`Attached hereto as Exhibit N is a true and correct copy of HD Silicon Sols. LLC, v.
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`Microchip Tech. Inc., 6:20-cv-01092-ADA, Dkt. 49 (W.D. Tex. Oct. 25, 2021).
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`15.
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`Attached hereto as Exhibit O is a true and correct copy of Proven Networks, LLC. v.
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`NetApp, Inc., No. 6:20-cv-00369-ADA, Dkt. 61 (W.D. Tex. Oct. 19, 2021).
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`16.
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`Attached hereto as Exhibit P is a true and correct copy of Flexiworld Techs., Inc., v.
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`Amazon.com, Inc., et al., No. 6:20-cv-00553-ADA, Dkt. 101 (W.D. Tex. Aug. 2, 2021).
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`17.
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`Attached hereto as Exhibit Q is a true and correct copy of Media Chain, LLC v. Roku,
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`Inc., No. 1:21-CV-27-LY, Dkt. 65 (W.D. Tex. Dec. 7, 2021).
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`18.
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`Attached hereto as Exhibit R is a true and correct copy of “‘Smart TVs’ offer new
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`windows onto
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`the
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`Internet”
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`from Phys.org by Glenn Chapman
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`available
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`at
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`https://phys.org/news/2012-01-smart-tvs-windows-internet.html (last visited December 21, 2021).
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`According to Exhibit R, Mr. Rajiv Lulla was the chief innovation officer at Plaintiff (which has been
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`3
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`
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`Case 6:21-cv-00569-ADA Document 27-2 Filed 12/23/21 Page 4 of 4
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`reported to do business as Shodogg). Based on its initial investigation, Google believes that Mr.
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`Lulla may have participated in discussions on behalf of Plaintiff with Google. Accordingly,
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`Touchstream appears to be referring to Mr. Lulla in its Complaint as the “at least one person involved
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`in the discussion between Touchstream and Google regarding a potential partnership” who
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`“currently resides in Texas.” See Complaint ¶ 18. However, based on his LinkedIn Profile (Exhibit
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`C above), Rajiv Lulla appears to reside in the San Francisco Bay Area.
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`
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`I declare under penalty of perjury that to the best of my knowledge the foregoing is true
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`and correct. Executed on December 23, 2021 in San Jose, California.
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`/s/ Evan McLean_________________________
`Evan McLean
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`4
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