`Case 6:21-cv-00622-ADA Document 47 Filed 07/19/22 Page 1 of6
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`EXHIBIT B
`EXHIBIT B
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`XR COMMUNICATIONS, LLC, dba,
`VIVATO TECHNOLOGIES,
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`Plaintiff
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`v.
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`NO. 6:21-cv-00622-ADA
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`ASUSTEK COMPUTER INC.,
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`Defendant.
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`DECLARATION OF BARBARA CHEN IN SUPPORT OF DEFENDANT'S MOTION TO
`TRANSFER VENUE UNDER 28 U.S.C. § 1404(A)
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`I, Barbara Chen, make the following declaration in support of Defendant's Motion to
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`Transfer Venue Under 28 U.S.C. § 1404(a).
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`1.
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`I am over the age of eighteen. I make this declaration based upon my personal
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`knowledge or have been advised by ASUSTeK Computer Inc. ("ASUSTeK") personnel with
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`respect to the factual statements in this declaration. The information in this declaration is within
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`the knowledge of ASUSTeK and its personnel. If called upon to testify before the Court, I could
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`and would testify competently to the truth of the matters set forth herein.
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`2.
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`I am employed at ASUSTeK in the position of Director. I reside and work in
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`Taiwan and have worked at ASUSTeK since 2014.
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`3.
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`I understand that Plaintiff XR Communications, LLC ("Plaintiff' or "XR") has
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`initiated a lawsuit against ASUSTeK alleging patent infringement in the U.S. District Court for
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`the Western District of Texas. I also understand that Plaintiff's complaint for patent infringement
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`accuses certain ASUS-branded products ("Accused Products") of infringing one or more claims
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`of U.S. Patent Nos. 10,594,376 (the '376 Patent"), 10,715,235 (the "'235 Patent"), and 7,729,728
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`(the "'728 patent").
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`I.
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`Corporate Information and Management
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`4.
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`ASUSTeK is a Taiwanese corporation with its principal place of business in Taipei
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`City, Taiwan.
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`5.
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`ASUSTeK's business activities include the design and development of consumer
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`electronics products to customers around the world.
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`6.
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`ASUSTeK has a wholly owned subsidiary based in the United States — ASUS
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`Computer International ("ACI"). ACI is a California corporation with its principal place of
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`business in Fremont, California. ACI is responsible for importing the Accused Products into the
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`U.S., offering the Accused Products for sale in the U.S., and selling the Accused Products in the
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`U.S.
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`II.
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`ASUSTeK and ACI Have No Operations, Documents, or Employees in Texas
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`7.
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`ASUSTeK does not have any place of business or operations in Texas. ASUSTeK
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`is not registered, authorized, or licensed to do business in Texas and has no presence in Texas. It
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`does not lease any office space or equipment in Texas, nor have any property in Texas. It does not
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`store or maintain documents in Texas.
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`8.
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`ASUSTeK has no employees in the United States. ASUSTeK employees with
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`relevant information about this case reside in Taiwan.
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`9.
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`Similarly, ACI lacks any offices, assets, property, or corporate records in Texas.
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`ACI stores and maintains all of its corporate records and documents in California, not Texas.
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`-2-
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`Case 6:21-cv-00622-ADA Document 47 Filed 07/19/22 Page 4 of 6
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`10.
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`ACI has approximately three-hundred and twenty employees in the United States.
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`Seven of these employees work remotely and reside in Texas. Only one of these employees resides
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`in the Western District of Texas (in Boerne, Texas located in Bexar County).
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`11.
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`ACI is responsible for importing, distributing, processing and fulfilling orders that
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`are placed by customers in the U.S., and providing sales support in the U.S. market for ASUS-
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`branded products, including the Accused Products. ACI is the importer of record for the Accused
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`Products, which are distributed to ACI' s U.S. customers.
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`III. ASUSTeK's Wi-Fi 6 Chip Suppliers Are Based in California
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`12.
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`I understand that Plaintiff has accused ASUS-branded products of infringement
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`based on their alleged support of functionality in the 802.11ac and 802.11ax standards, also known
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`as Wi-Fi. This functionality in the Accused Products is provided (if at all) by the Wi-Fi chips in
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`the Accused Products. The Wi-Fi chips in the Accused Products are supplied by t
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`13.
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`-3-
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`14.
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`<“Selre
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`Case 6:21-cv-00622-ADA Document 47 Filed 07/19/22 Page 5 of 6
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`-I
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`I
`-4-
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`Case 6:21-cv-00622-ADA Document 47 Filed 07/19/22 Page 6 of 6
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`I declare under penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct.
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`Executed on this 20th day of June, 2022 in Taipei City, Taiwan.
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`ara
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`en
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`-5-
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