Case 6:21-cv-00667-ADA Document 48 Filed 04/23/22 Page 1 of 4
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`VOIP-PAL.COM, INC.,
`
`
` Plaintiff,
`
`
` vs.
`
`
`
`GOOGLE LLC,
`
`
` Defendant.
`
`§
`§
`§
`§
`Civil Action No. 6:21-cv-667-ADA
`§
`§
`§
`
`
`§
`§
`
`
`
`
`
`DECLARATION OF NICOLAS S. GIKKAS IN SUPPORT OF PLAINTIFF
`VOIP-PAL.COM’S OPPOSITION TO GOOGLE LLC’S
`OPPOSED MOTION TO TRANSFER
`
`
`I, Nicolas S. Gikkas, declare and state as follows:
`
`
`1.
`
`I am an attorney admitted to practice in this District.
`
`2.
`
`I am an attorney at the Hudnell Law Group, P.C., 800 W. El Camino Real,
`
`Mountain View, California 94040, representing Plaintiff VOIP-PAL.COM, INC. (“VoIP”) in the
`
`above-captioned case.
`
`3.
`
`I have personal knowledge of the facts contained herein and, if called as a
`
`witness, I could and would testify competently thereto. I make this Declaration in Support of
`
`Plaintiff VoIP-Pal.com’s Opposition to Google LLC’s Opposed Motion to Transfer filed in the
`
`above-referenced case.
`
`4.
`
`Attached hereto as Exhibit 1 is a true and correct copy of the Order issued in Case
`
`Nos. 6:21-cv-00670-ADA, 6:21-cv-00671-ADA, and 6:21-cv-00672-ADA on September 3, 2021
`
`in the U.S. District Court for the Western District of Texas.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`VOIP-PAL.COM, INC.,
`
`
` Plaintiff,
`
`
` vs.
`
`
`
`GOOGLE LLC,
`
`
` Defendant.
`
`§
`§
`§
`§
`Civil Action No. 6:21-cv-667-ADA
`§
`§
`§
`
`
`§
`§
`
`
`
`
`
`DECLARATION OF NICOLAS S. GIKKAS IN SUPPORT OF PLAINTIFF
`VOIP-PAL.COM’S OPPOSITION TO GOOGLE LLC’S
`OPPOSED MOTION TO TRANSFER
`
`
`I, Nicolas S. Gikkas, declare and state as follows:
`
`
`1.
`
`I am an attorney admitted to practice in this District.
`
`2.
`
`I am an attorney at the Hudnell Law Group, P.C., 800 W. El Camino Real,
`
`Mountain View, California 94040, representing Plaintiff VOIP-PAL.COM, INC. (“VoIP”) in the
`
`above-captioned case.
`
`3.
`
`I have personal knowledge of the facts contained herein and, if called as a
`
`witness, I could and would testify competently thereto. I make this Declaration in Support of
`
`Plaintiff VoIP-Pal.com’s Opposition to Google LLC’s Opposed Motion to Transfer filed in the
`
`above-referenced case.
`
`4.
`
`Attached hereto as Exhibit 1 is a true and correct copy of the Order issued in Case
`
`Nos. 6:21-cv-00670-ADA, 6:21-cv-00671-ADA, and 6:21-cv-00672-ADA on September 3, 2021
`
`in the U.S. District Court for the Western District of Texas.
`
`
`
`Case 6:21-cv-00667-ADA Document 48 Filed 04/23/22 Page 2 of 4
`
`5.
`
`Attached hereto as Exhibit 2 is a true and correct copy of the Order Denying Motion
`
`to Relate issued in Case No. 20-cv-02995-LHK on August 25, 2021, in the U.S. District Court for
`
`the Northern District of California.
`
`6.
`
`Attached hereto as Exhibit 3 is a true and correct copy of the Order Denying Motion
`
`to Relate issued in Case No. 20-cv-02460-LHK on August 25, 2021, in the U.S. District Court for
`
`the Northern District of California.
`
`7.
`
`Attached hereto as Exhibit 4 is a true and correct copy of the Order Denying Judicial
`
`Referral issued in Case No. 20-cv-03092-LHK on August 26, 2021, in the U.S. District Court for
`
`the Northern District of California.
`
`8.
`
`Attached hereto as Exhibit 5 is a true and correct copy of the Related Case Order
`
`issued in Case. No. 3:21-cv-05110-EMC on September 14, 2021, in the U.S. District Court for the
`
`Northern District of California.
`
`9.
`
`Attached hereto as Exhibit 6 is a true and correct copy of the Related Case Order
`
`issued in Case. No. 5:21-cv-09773-EJD on January 19, 2022, in the U.S. District Court for the
`
`Northern District of California.
`
`10.
`
`Attached hereto as Exhibit 7 is a true and correct copy of selected pages from
`
`Defendants’ Preliminary Infringement Contentions served in the above-referenced case on January
`
`25, 2022.
`
`11.
`
`Attached hereto as Exhibit 8 is a true and correct copy of a map from office of
`
`George Brunt to the U.S. District Court for the Western District of Texas, Waco Division, and
`
`available at https://maps.google.com, visited on July 27, 2020.
`
`12.
`
`Attached hereto as Exhibit 9 is a true and correct copy of bates numbered
`
`documents GOOG-VOIP00001732 and 1734, produced by Google during venue discovery.
`
`
`
`- 2 -
`
`
`
`Case 6:21-cv-00667-ADA Document 48 Filed 04/23/22 Page 3 of 4
`
`13.
`
`Attached hereto as Exhibit 10 is a true and correct copy of bates numbered
`
`documents GOOG-VOIP00001729 and 1731, produced by Google during venue discovery.
`
`14.
`
`Attached hereto as Exhibit 11 is a true and correct copy of Defendant Google LLC’s
`
`Objections and Responses to Plaintiff’s First Amended First Set (Case No. 6:20-cv-00269-ADA)
`
`and First Set (Case No. 6:21-cv-00667-ADA) of Requests for Production of Document and Things
`
`for Venue Purposes to Google LLC (Nos. 1-10).
`
`15.
`
`Attached hereto as Exhibit 12 is a true and correct copy of pages taken from the
`
`Application for Registration of a Foreign For-Profit Corporation filed with the Texas Secretary
`
`of State by VoIP-Pal.com, Inc.
`
`16.
`
`Attached hereto as Exhibit 13 is a true and correct copy of an excerpt from
`
`Federal Court Management Statistics (reporting period March 31, 2021).
`
`17.
`
`Attached as Exhibit 14 is a true and correct copy of a web article entitled “Google
`
`is opening new offices in Austin and a data center in Midlothian” dated June 17, 2019, located at
`
`https://www.builtinaustin.com/ and visited on July 3, 2020.
`
`18.
`
`Attached as Exhibit 15 is a true and correct copy of pages printed from from the
`
`Google website showing 543 advertised jobs in Austin, with 5 jobs related to Google Fi, located
`
`at located at https://careers.google.com/jobs/, and visited on April 22, 2022.
`
`19.
`
`Attached as Exhibit 16 is a true and correct copy of a web article entitled “New
`
`Google building will be a rare starchitect-designed tower” dated June 20, 2019, located at
`
`https://austin.curbed.com/, visited on July 3, 2020.
`
`20.
`
`Attached as Exhibit 17 is a true and correct copy of an article from the Dallas
`
`Morning News entitled “Google’s massive $600M data center takes shape in Ellis County as tech
`
`giant ups Texas presence,” dated June 14, 2019, located at
`
`
`
`- 3 -
`
`
`
`Case 6:21-cv-00667-ADA Document 48 Filed 04/23/22 Page 4 of 4
`
`https://www.dallasnews.com/business/real-estate/2019/06/14/google-s-massive-600m-data-
`
`center-takes-shape-in-ellis-county-as-tech-giant-ups-texas-presence/, visited on July 30, 2020.
`
`21. Mr. George Brunt of Business Legal Management, which is based in Dallas, has
`
`information on licensing the ’606 patent. https://www.businesslegalmanagement.com/firm,
`
`visited on March 15, 2022.
`
`22. Marcus Redding of Intellion Analytics Group, which is based in Austin, was
`
`retained by VoIP-Pal in the 2016 and 2018 cases and has information related to damages.
`
`http://intellionanalytics.com/marcus_reading/, visited on March 15, 2022.
`
`23.
`
`VoIP-Pal.com has a corporate office located at 7215 Bosque Boulevard in Waco,
`
`Texas. https://www.voip-pal.com/contact-us, visited on July 30, 2020.
`
`24.
`
`Kevin Williams is CFO of VoIP-Pal and works from VoIP-Pal’s Waco office.
`
`Mr. Williams has knowledge of VoIP-Pal.com’s activities.
`
`Pursuant to 28 U.S.C. § 1746, I, Nicolas S. Gikkas, declare under penalty of perjury
`
`that the foregoing is true and correct.
`
`Executed on this 22nd day of April 2022, in Mountain View, California.
`
`
`
`
`
`/s/ Nicolas S. Gikkas
` Nicolas S. Gikkas
`
`
`
`
`
`
`
`- 4 -
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
