Case 6:21-cv-00755-ADA Document 40 Filed 02/18/22 Page 1 of 8
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`GENTEX CORPORATION and INDIGO
`TECHNOLOGIES, LLC,
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`Plaintiffs,
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`THALES VISIONIX, INC.,
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`Involuntary Plaintiff,
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`v.
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`Case No. 6:21-cv-00755-ADA
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`JURY TRIAL DEMANDED
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`FACEBOOK, INC. and FACEBOOK
`TECHNOLOGIES, LLC,
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`Defendants.
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`DECLARATION OF AKSHAY DEORAS IN SUPPORT OF DEFENDANTS’ MOTION
`TO TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA
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`Case 6:21-cv-00755-ADA Document 40 Filed 02/18/22 Page 2 of 8
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`I, Akshay Deoras, declare as follows:
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`1.
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`I am an attorney with Kirkland & Ellis LLP and a member of the California state
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`bar. I am admitted to appear pro hac vice in this case. See Dkt. No. 18. I represent Meta
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`Platforms, Inc.1 and Facebook Technologies, LLC (collectively, “Meta” or “Defendants”) in the
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`above-captioned case.
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`2.
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`I submit this declaration in support of Facebook’s Motion to Transfer Venue to
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`the Northern District of California in this action. I make this Declaration of my own personal
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`knowledge, and I could and would testify competently thereto if called as a witness.
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`3.
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`Attached to this declaration as Exhibit A is a true and correct copy of the
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`home/company
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`page
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`of
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`Gentex
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`Corporation
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`(“Gentex”),
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`available
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`at
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`https://www.gentexcorp.com/company/, showing that its principal place of business is in
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`Carbondale, Pennsylvania and showing the location of its other facilities in various states,
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`including California. This home/company page shows no facilities or presence anywhere in
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`Texas.
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`4.
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`Attached to this declaration as Exhibit B is a true and correct copy of the of
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`Indigo Technologies, LLC (“Indigo”)’s Certificate of Organization showing that Indigo’s
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`principal place of business is in Simpson, Pennsylvania and that Indigo does not have any
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`facilities or presence in Waco or elsewhere in Texas.
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`5.
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`Attached to this declaration as Exhibit C is a true and correct copy of the contact
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`page of Thales Visionix, Inc. available at, https://www.thalesdsi.com/contact/#1530895740511-
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`3f1c7457-b1c3 showing that Thales Visionix, Inc. has its main office in Aurora, Illinois, with an
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`additional office in Billerica, Massachusetts, with no reference to a facility in Texas.
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`1 Effective October 28, 2021, Facebook, Inc. changed its name to Meta Platforms, Inc. Dkt.
`26.
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`1
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`Case 6:21-cv-00755-ADA Document 40 Filed 02/18/22 Page 3 of 8
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`6.
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`Attached to this declaration as Exhibit D is a true and correct copy of:
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`• Thales’ Corporate Disclosure Statement filed in Elbit Systems of America,
`LLC v. Thales Visionix, Inc. et al, No. 1:17-cv-06836 (N.D. Ill., Oct. 6, 2017),
`showing that Thales Visionix, Inc. is a subsidiary of Thales Defense &
`Security, Inc.
`• Exhibit D also includes the home/contact page of Thales Defense & Security
`available at https://www.thalesdsi.com/contact/, which shows that Thales
`Defense & Security, Inc. is based in Clarksburg, Maryland, with no reference
`to a facility in Texas.
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`7.
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`Attached to this declaration as Exhibit E is a true and correct copy of the
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`LinkedIn page for Eric Foxlin, available at https://www.linkedin.com/in/foxlin/.
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`8.
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`Attached to this declaration as Exhibit F is a true and correct copy of an excerpt
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`of the Accurint report for Eric Foxlin.
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`9.
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`Attached to this declaration as Exhibit G is a true and correct copy of the
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`LinkedIn page for Michael A. Teitel, available at https://www.linkedin.com/in/michael-teitel/.
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`10.
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`Attached to this declaration as Exhibit H is a true and correct copy of an excerpt
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`of the Accurint report for Michael A. Teitel.
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`11.
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`Attached to this declaration as Exhibit I is a true and correct copy of the LinkedIn
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`page for Mike A. Horton, available at https://www.linkedin.com/in/mikeahorton/.
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`12.
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`Attached to this declaration as Exhibit J is a true and correct copy of an excerpt
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`of the Accurint report for Mike A. Horton.
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`13.
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`Attached to this declaration as Exhibit K is a true and correct copy of an excerpt
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`of the Accurint report for Vaibhav Vaish.
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`14.
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`Attached to this declaration as Exhibit L is a true and correct copy of the
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`LinkedIn page for Michael Zyda, available at https://www.linkedin.com/in/mikezyda/.
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`2
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`Case 6:21-cv-00755-ADA Document 40 Filed 02/18/22 Page 4 of 8
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`15.
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`Attached to this declaration as Exhibit M is a true and correct copy of an excerpt
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`of the Accurint report for Michael Zyda.
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`16.
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`Attached to this declaration as Exhibit N is a true and correct copy of the
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`LinkedIn page for William Cockayne, available at https://www.linkedin.com/in/cockayne/.
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`17.
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`Attached to this declaration as Exhibit O is a true and correct copy of an excerpt
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`of the Accurint report for William Cockayne.
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`18.
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`Attached to this declaration as Exhibit P is a true and correct copy of records of
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`the Massachusetts Secretary of State indicating that Leonid Naimark (co-inventor of the
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`8,224,024 Patent) resides in Lynn, Massachusetts.
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`19.
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`Attached to this declaration as Exhibit Q2 is a true and correct copy of:
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`• “Flight time from Boston [Massachusetts] to Dallas, TX” and “Flight time
`from Boston [Massachusetts] to Austin, TX” on Prokerala.com, available at
`https://www.prokerala.com/travel/flight-time/from-boston/to-dallas-tx/
`and
`https://www.prokerala.com/travel/flight-time/from-boston/to-austin/,
`respectively, showing that a direct flight from Massachusetts to either Dallas,
`TX or Austin, TX takes a minimum of 4 hours and 29 minutes—not including
`driving time from the airport to Waco, TX.
`• Exhibit Q also includes a true and correct copy of the page “Driving time
`from Dallas, TX to Waco, TX” and “Driving time from Austin, TX to Waco,
`TX” on travelmath.com, available at https://www.travelmath.com/driving-
`time/from/Dallas,+TX/to/Waco,+TX
`and
`https://www.travelmath.com/driving-time/from/Austin,+TX/to/Waco,+TX,
`respectively, showing that driving from either locations takes a minimum of 1
`hour and 30 minutes. The total travel time from Massachusetts to Waco, TX
`equals a minimum of at least 6 hours.
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`20.
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`Attached to this declaration as Exhibit R is a true and correct copy of the page
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`“Flight time from Boston [Massachusetts] to San Francisco, CA” on Prokerala.com, available at
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`2 For all of the exhibits referencing flights from Boston, Pennsylvania, Washington, DC, and
`Chicago to Waco, TX, I was unable to locate any direct flights to Waco, TX. The alternative
`fastest route is provided.
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`3
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`Case 6:21-cv-00755-ADA Document 40 Filed 02/18/22 Page 5 of 8
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`https://www.prokerala.com/travel/flight-time/from-boston/to-san-francisco-ca/. The total travel
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`time for travel from Massachusetts to San Francisco is 6 hours and 35 minutes.
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`21.
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`Attached to this declaration as Exhibit S is a true and correct copy of:
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`• “Flight time from Pennsylvania3 to San Francisco, CA” on Prokerala.com,
`available at https://www.prokerala.com/travel/flight-time/from-wilkes-barre-
`scranton-pa/to-san-francisco-ca/ showing travel time to be 5 hours and 57
`minutes.
`• “Flight time from Pennsylvania to Dallas, TX” and “Flight time from
`Pennsylvania
`to Austin, TX”
`on Prokerala.com,
`available
`at
`https://www.prokerala.com/travel/flight-time/from-wilkes-barre-scranton-
`pa/to-dallas-tx/
`and
`https://www.prokerala.com/travel/flight-time/from-
`boston/to-austin/, respectively, showing that a direct flight from Pennsylvania
`to either Dallas, TX or Austin, TX takes a minimum of 3 hours and 09
`minutes—not including driving time from the airport to Waco, TX. Driving
`time adds an additional 1 hour and 30 minutes.4 The total travel time from
`Pennsylvania to Waco, TX equals a minimum of 4 hours and 39 minutes.
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`22.
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`Attached to this declaration as Exhibit T is a true and correct copy of:
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`• “Flight time from Washington, DC5 to San Francisco, CA” on Prokerala.com,
`available at https://www.prokerala.com/travel/flight-time/from-washington-
`dc/to-san-francisco-ca/ showing travel time to be 5 hours and 37 minutes.
`• “Flight time from Washington, DC to Dallas, TX” and “Flight time from
`Washington, DC
`to Austin, TX” on Prokerala.com, available at
`https://www.prokerala.com/travel/flight-time/from-washington-dc/to-dallas-
`tx/ and https://www.prokerala.com/travel/flight-time/from-washington-dc/to-
`austin/, respectively, showing that a direct flight from Washington, DC to
`either Dallas, TX or Austin, TX takes a minimum of 3 hours and 05
`minutes—not including driving time from the airport to Waco, TX. Driving
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`3 Wilkes-Barre/Scranton, Pennsylvania is the closest airport to Carbondale, Pennsylvania and
`Simpson, Pennsylvania—Gentex’s principal place of business and Indigo’s principal place of
`business, respectively.
`4 See Exhibit Q which includes a correct copy of the page “Driving time from Dallas, TX to
`Waco, TX” and “Driving time from Austin, TX to Waco, TX” on travelmath.com, available
`https://www.travelmath.com/driving-time/from/Dallas,+TX/to/Waco,+TX
`and
`at
`https://www.travelmath.com/driving-time/from/Austin,+TX/to/Waco,+TX,
`showing
`that
`driving time takes a minimum of 1 hour and 30 minutes.
`5 Washington Dulles International Airport is the nearest airport to Clarksburg, Maryland, the
`location of Thales Defense & Security, Inc.
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`4
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`Case 6:21-cv-00755-ADA Document 40 Filed 02/18/22 Page 6 of 8
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`time adds an additional 1 hour and 30 minutes.6 The total travel time
`including flying and driving for travel from Washington, DC to Waco, TX
`equals a minimum of 4 hours and 35 minutes.
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`23.
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`Attached to this declaration as Exhibit U is a true and correct copy of:
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`• “Flight time from Chicago O-Hare7 to San Francisco, CA” on Prokerala.com,
`available at https://www.prokerala.com/travel/flight-time/from-chicago-il/to-
`san-francisco-ca/ showing travel time to be approximately 4 hours and 38
`minutes.
`• “Flight time from Chicago O-Hare to Dallas, TX” and “Flight time from
`Chicago O-Hare
`to Austin, TX” on Prokerala.com, available at
`https://www.prokerala.com/travel/flight-time/from-chicago-il/to-dallas-tx/ and
`https://www.prokerala.com/travel/flight-time/from-chicago-il/to-austin/,
`respectively, showing that a direct flight from Chicago O-Hare to either
`Dallas, TX or Austin, TX takes a minimum of 2 hours and 29 minutes—not
`including driving time from the airport to Waco, TX. Driving time adds an
`additional 1 hour and 30 minutes.8 The total travel time including flying and
`driving for travel from Chicago O-Hare to Waco, TX equals a minimum of 4
`hours.
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`24.
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`Attached to this declaration as Exhibit V is a true and correct copy of VPL
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`Newco, Inc.’s9 Entity Report from the California Secretary of State Website detailing that it was
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`a California Corporation.
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`25.
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`Attached to this declaration as Exhibit W is a true and correct copy of VPL
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`Newco, Inc.’s Certificate of Dissolution.
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`26.
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`Attached to this declaration as Exhibit X is a true and correct copy of Eric
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`Foxlin’s notebook produced as GNTX0001598–GNTX0001604.
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`6 See Exhibit Q, showing that driving time takes a minimum of 1 hour and 30 minutes.
`7 Chicago O-Hare Airport is the closest large airport to Aurora, Illinois, the location of Thales’
`main office.
`8 See Exhibit Q, showing that driving time takes a minimum of 1 hour and 30 minutes.
`9 Vpl Newco, Inc. is the current assignee of the 5,812,257 Prior Art Patent (referred to as
`“Teitel” in the accompanying motion to transfer).
`5
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`Case 6:21-cv-00755-ADA Document 40 Filed 02/18/22 Page 7 of 8
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`27.
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`Attached to this declaration as Exhibit Y is email correspondence on February
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`14, 2022 from Andrew Borrasso to Bailey Morgan Watkins confirming that Mr. Foxlin has
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`possession of physical notebook Exhibit X.
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`28.
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`Attached to this declaration as Exhibit Z is a true and correct copy of the
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`LinkedIn page for Darren Liccardo, available at https://www.linkedin.com/in/liccardo/.
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`29.
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`Attached to this declaration as Exhibit AA is a true and correct copy of an
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`excerpt of the Accurint report for Darren Liccardo.
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`30.
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`Attached to this declaration as Exhibit BB is a true and correct copy of the
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`LinkedIn page for Mitch Altman, available at https://www.linkedin.com/in/altmanmitch/.
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`31.
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`Attached to this declaration as Exhibit CC is a true and correct copy of the
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`Accurint report for Mitch Altman.
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`32.
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`Attached to this declaration as Exhibit DD is a true and correct copy of:
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`• “Flight time from Seattle, WA to San Francisco, CA” on Prokerala.com,
`available at https://www.prokerala.com/travel/flight-time/from-seattle-wa/to-
`san-francisco-ca/ showing travel time to be 2 hours and 3 minutes.
`• “Flight time from Seattle, WA to Dallas, TX” and “Flight time from Seattle,
`WA
`to
`Austin,
`TX”
`on
`Prokerala.com,
`available
`at
`https://www.prokerala.com/travel/flight-time/from-seattle-wa/to-dallas-tx/ and
`https://www.prokerala.com/travel/flight-time/from-seattle-wa/to-austin/,
`respectively, showing that a direct flight from Washington to either Dallas,
`TX or Austin, TX takes a minimum of 3 hours and 40 minutes—not including
`driving time from the airport to Waco, TX. Driving time adds an additional 1
`hour and 30 minutes.10 The total travel time including flying and driving for
`travel from Seattle, WA to Waco, TX equals a minimum of 5 hours and 10
`minutes.
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`33.
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`Attached to this declaration as Exhibit EE is a true and correct copy of the
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`invalidity charts served on January 3, 2022 and January 5, 2022:
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`10 See Exhibit Q, showing that driving time takes a minimum of 1 hour and 30 minutes.
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`6
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`Case 6:21-cv-00755-ADA Document 40 Filed 02/18/22 Page 8 of 8
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`• U.S. Patent No. 5,615,132 (“Horton”)
`• U.S. Patent No. 5,812,257 (“Teitel”)
`• U.S. Patent No. 7,242,818 (“Beardsley”)11
`• Off-the-Shelf, Real-Time, Human Body Motion Capture for Synthetic
`Environments
`• NPSNET-HUMAN: Inserting the Human Into the Networked Synthetic
`Environment
`Insertion of an Articulated Human into a Networked Virtual Environment
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`•
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`34.
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`Attached to this declaration as Exhibit FF is a true and correct copy of an excerpt
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`the United States District Courts — National Judicial Caseload Profile.
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`35.
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`I declare under penalty of perjury under the laws of the United States of America
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`that the foregoing is true and correct.
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`Executed in San Francisco, California, on February 18, 2022.
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`/s/ Akshay Deoras
`Akshay Deoras
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`11 The Beardsley chart inadvertently references the asserted patent 8,224,024 as the charted
`reference on its first page. The appropriate patent number is U.S. Patent No. 7,242,818.
`7
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