Case 6:21-cv-00735-ADA Document 25 Filed 11/23/21 Page 1 of 6
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`ANCORA TECHNOLOGIES, INC.,
`
`vs.
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`GOOGLE LLC,
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`Plaintiff,
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`Defendant.
`
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`CIVIL ACTION NO. 6:21-cv-735-
`ADA
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`JURY TRIAL DEMANDED
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`DECLARATION OF ROBERT W. UNIKEL IN SUPPORT OF DEFENDANT
`GOOGLE LLC’S OPPOSED MOTION TO TRANSFER
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`ANCORA TECHNOLOGIES, INC.,
`
`vs.
`
`GOOGLE LLC,
`
`Plaintiff,
`
`Defendant.
`
`
`CIVIL ACTION NO. 6:21-cv-735-
`ADA
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`DECLARATION OF ROBERT W. UNIKEL IN SUPPORT OF DEFENDANT
`GOOGLE LLC’S OPPOSED MOTION TO TRANSFER
`
`
`
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`Case 6:21-cv-00735-ADA Document 25 Filed 11/23/21 Page 2 of 6
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`I, Robert W. Unikel, declare as follows:
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`1.
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`I am an attorney with the law firm Paul Hastings LLP and counsel for Defendant
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`Google LLC (“Google”). I have personal knowledge of the facts contained in the declaration and,
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`if called upon to do so, I could and would testify competently to the matters set forth herein.
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`2.
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`Ancora Technologies, Inc. has accused certain Google products, to which Google
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`allegedly sent an over-the-air (“OTA”) update, of infringement. Google’s identification of the
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`accused products is based on Google’s current understanding of Ancora’s infringement
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`contentions.
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`3.
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`Attached hereto as Exhibit A is a true and correct copy of U.S. Patent No.
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`6,411,941.
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`4.
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`Attached hereto as Exhibit B is a true and correct copy of the LinkedIn profile for
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`Miki Mullor.
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`5.
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`Attached hereto as Exhibit C is a true and correct copy a webpage entitled “Ancora:
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`your digital peace of mind”
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`accessed on November 22, 2021,
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`located
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`at
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`https://web.archive.org/web/20090225095655/http://ancoratech.com:80/management.htm.
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`6.
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`Attached hereto as Exhibit D is a true and correct copy of Document 25-1 from
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`6:21-cv-00738-ADA filed 10/28/2021 reflecting the State of Delaware Annual Franchise Tax
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`Report for Ancora Technologies, Inc.
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`7.
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`Attached hereto as Exhibit E is a true and correct copy of an image capture from
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`Google Maps of 23977 S.E. 10th St., Sammamish, Washington.
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`8.
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`Attached hereto as Exhibit F is a true and correct copy of Ancora Technologies,
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`Inc. v. Apple, Inc., No. 2:10-cv-10045-AG-MLGx, Dkt. 55 (C.D. Cal. Nov. 21, 2011).
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`1
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`Case 6:21-cv-00735-ADA Document 25 Filed 11/23/21 Page 3 of 6
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`
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`9.
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`Attached hereto as Exhibit G is a true and correct copy of the Electronic Arts
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`“About EA” webpage accessed on November 22, 2021, located at https://www.ea.com/about.
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`10.
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`Attached hereto as Exhibit H is a true and correct copy of a profile for Micromedia
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`Systems,
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`Inc.
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`accessed
`
`on
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`November
`
`22,
`
`2021,
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`located
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`at
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`https://www.buzzfile.com/business/Hitron-Systems-408-980-8588.
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`11.
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`Attached hereto as Exhibit I is a true and correct copy of the D&B Business
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`Directory webpage for Macrovision Corp, accessed on November 22, 2021, located at
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`https://www.dnb.com/business-directory/company-
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`profiles.macrovision_corp.a91bef465e0ae3c8d7f317e21412defa.html.
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`12.
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`Attached hereto as Exhibit J is a true and correct copy of a webpage entitled “About
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`BAE Systems
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`in
`
`the United States,” accessed on November 22, 2021,
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`located at
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`https://www.baesystems.com/en-us/our-company/bae-systems-inc/about-us.
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`13.
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`Attached hereto as Exhibit K is a true and correct copy of the LinkedIn profile for
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`Phoenix Technologies.
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`14.
`
`Attached hereto as Exhibit L is a true and correct copy of an Israel Company Report
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`for Active Card
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`Ltd.,
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`accessed
`
`on November
`
`22,
`
`2021,
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`located
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`at
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`https://www.israelbizreg.com/active-card-ltd.
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`15.
`
`Upon a diligent search, Google could not confirm the locations of Beeble, Inc. or
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`Warner Brothers Music Group with reasonable certainty.
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`16.
`
`Attached hereto as Exhibit M is a true and correct copy of the LinkedIn profile for
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`Alberto Saavedra.
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`17.
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`Attached hereto as Exhibit N is a true and correct copy of the LinkedIn profile for
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`Michael Sentovich.
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`2
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`Case 6:21-cv-00735-ADA Document 25 Filed 11/23/21 Page 4 of 6
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`
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`18.
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`Attached hereto as Exhibit O is a true and correct copy of the LinkedIn profile for
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`Fred Fourcher.
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`19.
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`Attached hereto as Exhibit P is a true and correct copy of the Wikipedia page for
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`American Megatrends,
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`accessed
`
`on
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`November
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`23,
`
`2021,
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`located
`
`at
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`https://en.wikipedia.org/wiki/American_Megatrends.
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`20.
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`Upon a diligent search, Google could not confirm the locations of Dan Weil, Blair
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`Bryant, Stuart Rose, Dan Bright, Mark Andre, or Jeff Lorenzini with reasonable certainty.
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`21.
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`According to Docket Navigator, one IPR has been instituted against the asserted
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`patent in this case, based on three prior art references: U.S. Patent Nos. 4,658,093; 5,892,906; and
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`5,933,498. See TCT Mobile (US) Inc. et al v. Ancora Technologies, Inc., PTAB-IPR2020-01609.
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`22.
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`Attached hereto as Exhibit Q is a true and correct copy of U.S. Patent No.
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`4,658,093.
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`23.
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`Attached hereto as Exhibit R is a true and correct copy of the LinkedIn profile for
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`Martin Hellman.
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`24.
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`25.
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`Attached hereto as Exhibit S is a true and correct copy of U.S. Patent No. 5,892,906.
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`Attached hereto as Exhibit T is a true and correct copy of the LinkedIn Profile for
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`Joseph Kulinets.
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`26.
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`Attached hereto as Exhibit U is a true and correct copy of the LinkedIn Profile for
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`Laszlo Elteto.
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`27.
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`Upon a diligent search, Google could not confirm the locations of Wayne Chou or
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`Joseph LaRussa with reasonable certainty.
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`28.
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`Upon a diligent search, Google could not confirm the location of Paul B. Schneck
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`with reasonable certainty.
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`3
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`Case 6:21-cv-00735-ADA Document 25 Filed 11/23/21 Page 5 of 6
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`29.
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`Attached hereto as Exhibit V is a true and correct copy of U.S. Patent No.
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`5,933,498.
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`30.
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`Attached hereto as Exhibit W is a true and correct copy of the LinkedIn profile for
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`Marshall Abrams.
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`31.
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`Upon a diligent search, Google could not confirm the location of Paul B. Schneck
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`with reasonable certainty.
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`32.
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`Attached hereto as Exhibit X is a true and correct copy of Document 25-14 from
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`6:21-cv-00738-ADA filed 10/28/2021 reflecting the LinkedIn profile for Julian Vlaiko.
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`33.
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`According to Docket Navigator, Ancora has asserted the patent asserted in this case
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`against numerous defendants in different forums including the Central District of California,
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`Northern District of California, Western District of Texas, District of Delaware, Western District
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`of Washington, and briefly in the Eastern District of Texas before it was transferred to California.
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`Each district except the EDTX undertook substantive consideration and analysis of the asserted
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`patent.
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`34.
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`According to Docket Navigator, three courts have construed the claims of the
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`patent: the NDCA, WDTX, and CDCA.
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`35.
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`Attached hereto as Exhibit Y is a true and correct copy of Cub Club Investment,
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`LLC v. Apple, Inc., No. 6:20-cv-00856-ADA, Dkt. 28 (W.D. Tex. Sept. 7, 2021).
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`36.
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`Attached hereto as Exhibit Z is a true and correct copy of Google flights from
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`Boulder, Colorado to Waco, Texas sorted by duration.
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`37.
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`Attached hereto as Exhibit AA is a true and correct copy of Google flights from
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`Boulder, Colorado to San Francisco, California sorted by duration.
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`4
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`Case 6:21-cv-00735-ADA Document 25 Filed 11/23/21 Page 6 of 6
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`38.
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`Attached hereto as Exhibit BB is a true and correct copy of Google flights from
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`Cambridge, Massachusetts to Waco, Texas sorted by duration.
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`39.
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`Attached hereto as Exhibit CC is a true and correct copy of Google flights from
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`Cambridge, Massachusetts to San Francisco, California sorted by duration.
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`40.
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`Attached hereto as Exhibit DD is a true and correct copy of an “Overview for Alan
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`D. Albright of W.D. Tex.” from Lex Machina.
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`41.
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`Attached hereto as Exhibit EE is a true and correct copy of an “Overview for N.D.
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`Cal.” from Lex Machina.
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`I declare under penalty of perjury that the foregoing is true and correct. Executed this 23rd
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`day of November in Chicago, Illinois.
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`
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`/s/ Robert W. Unikel
`Robert W. Unikel
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`5
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