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`Involuntary Plaintiff,
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`v.
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`GENTEX CORPORATION and INDIGO
`TECHNOLOGIES, LLC,
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`THALES VISIONIX, INC.,
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`META PLATFORMS, INC. and META
`PLATFORMS TECHNOLOGIES, LLC,
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`Case 6:21-cv-00755-ADA Document 61-1 Filed 05/20/22 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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`Case No.: 6:21-cv-00755-ADA
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`JURY TRIAL DEMANDED
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`
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`Defendants.
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`DECLARATION OF ANDREW G. BORRASSO IN SUPPORT OF PLAINTIFFS’
`OPPOSITION TO META’S MOTION TO TRANSFER VENUE
`UNDER 28 U.S.C. § 1404(A)
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`Case 6:21-cv-00755-ADA Document 61-1 Filed 05/20/22 Page 2 of 8
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`I, Andrew G. Borrasso, declare as follows:
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`1.
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`I am an attorney associated with the law firm of Williams & Connolly LLP and a
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`member of the bar of the District of Columbia. I am admitted to appear pro hac vice in this case
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`on behalf of Plaintiffs Gentex Corporation and Indigo Technologies, LLC (collectively, “Gentex”
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`or “Plaintiffs”). ECF No. 36.
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`2.
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`I submit this declaration in support of Plaintiffs’ Opposition to Meta’s Motion to
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`Transfer Venue Under 28 U.S.C. § 1404(a). 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 1 is a true and correct copy of Ben Lang,
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`Oculus Quest Review—The First Great Standalone VR Headset, RoadToVR (May 21, 2019).
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`4.
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`Attached to this declaration as Exhibit 2 is a true and correct copy of Oculus VR,
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`John Carmack Joins Oculus as CTO, Oculus Blog (Aug. 7, 2013).
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`5.
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`Attached to this declaration as Exhibit 3 is a true and correct copy of John
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`Carmack’s Accurint Report and a true and correct copy of a Google Maps distance measurement
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`from Carmack’s last known home address to the Waco courthouse.
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`6.
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`Attached to this declaration as Exhibit 4 is a true and correct copy of David Marlett,
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`The Virtual Reality of John Carmack, D Magazine (Sept. 2015).
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`7.
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`Attached to this declaration as Exhibit 5 is a true and correct copy of Carmack
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`Pushes Reality with Oculus VR, USA Today (Feb. 3, 2014).
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`8.
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`Attached to this declaration as Exhibit 6 is a true and correct copy of Hugh Langley,
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`Inside-out v Outside-in: How VR tracking Works, and How It’s Going To Change, Wareable.com
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`(May 3, 2017).
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`2
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`Case 6:21-cv-00755-ADA Document 61-1 Filed 05/20/22 Page 3 of 8
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`9.
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`Attached to this declaration as Exhibit 7 is a true and correct copy of
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`@ID_AA_Carmack, Twitter (Dec. 8, 2014), https://twitter.com/ID_AA_Carmack/status/5419
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`87983902404608.
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`10.
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`A true and correct transcription of a portion of John Carmack’s presentation at the
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`2019 Connect Conference reads as follows: “Now . . . as we move forward into the future with
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`Quest, it is time for me to probably give a bit of a eulogy for Gear VR. . . . I invested a whole
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`lot of effort into it, and . . . it’s the foundation that we’ve built all the mobile things off of . . . .”
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`Meta Quest, Day 2 Keynote | Oculus Connect 6, YouTube, at 12:26-12:59 (Sept. 27, 2019),
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`https://youtu.be/PMIDaomx0GA?t=746 (emphasis added).
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`11.
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`Attached to this declaration as Exhibit 8 is a true and correct copy of the LinkedIn
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`profile of Jonathan Wright, available at https://www.linkedin.com/in/jonathan-e-wright.
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`12.
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`Attached to this declaration as Exhibit 9 is a true and correct copy of the LinkedIn
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`profile of Matt Hooper, available at https://www.linkedin.com/in/hoopermatt.
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`13.
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`Attached to this declaration as Exhibit 10 is a true and correct copy of excerpts of
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`Blake J. Harris, The History of the Future: Oculus, Facebook, and the Revolution that Swept
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`Virtual Reality (2019).
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`14.
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`Attached to this declaration as Exhibit 11 is a true and correct copy of Jay Peters
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`& Adi Robertson, John Carmack Stepping Down as CTO of Oculus to Work on AI, The Verge
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`(Nov. 13, 2019), https://www.theverge.com/2019/11/13/20963899/john-carmack-stepping-down-
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`cto-of-oculus-work-on-ai.
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`15.
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`Attached to this declaration as Exhibit 12 is a true and correct copy of an excerpt
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`of an Accurint report for Jonathan Wright, as well as a true and correct copy of a Google Maps
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`distance measurement from Wright’s last known home address to the Waco courthouse.
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`Case 6:21-cv-00755-ADA Document 61-1 Filed 05/20/22 Page 4 of 8
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`16.
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`Attached to this declaration as Exhibit 13 is a true and correct copy of an excerpt
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`of an Accurint report for Matt Hooper, as well as a true and correct copy of a Google Maps distance
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`measurement from Hooper’s last known home address to the Waco courthouse.
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`17.
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`Attached to this declaration as Exhibit 14 is a true and correct copy of the LinkedIn
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`profile of Cass Everitt, available at www.linkedin.com/in/casseveritt.
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`18.
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`Attached to this declaration as Exhibit 15 is a true and correct copy of the LinkedIn
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`profile of Andrew Welch, available at www.linkedin.com/in/andrew-welch-44773b59.
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`19.
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`Attached to this declaration as Exhibit 16 is a true and correct copy of the LinkedIn
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`profile of Jonathan Atkins, available at www.linkedin.com/in/jonathanatkins27.
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`20.
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`Attached to this declaration as Exhibit 17 is a true and correct copy of Hayden
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`Dingman, Five Years of VR: An Oral History from Oculus Rift to Quest 2, Tech at Meta (Mar.
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`29, 2021), https://tech.fb.com/ar-vr/2021/03/five-years-of-vr-an-oral-history-from-oculus-rift-to-
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`quest-2/.
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`21.
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`Attached to this declaration as Exhibit 18 is a true and correct copy of Google
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`Flights results and Google Maps directions for travel from Seattle to the San Francisco courthouse.
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`22.
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`Attached to this declaration as Exhibit 19 is a true and correct copy of an excerpt
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`of an Accurint report for Katherine Anna Kang, as well as a true and correct copy of a Google
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`Maps distance measurement from Kang’s last known home address to the Waco courthouse.
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`23.
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`Attached to this declaration as Exhibit 20 is a true and correct copy of an excerpt
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`of an Accurint report for Frank Brick, as well as a true and correct copy of a Google Maps distance
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`measurement from Brick’s last known home address to the Waco courthouse.
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`Case 6:21-cv-00755-ADA Document 61-1 Filed 05/20/22 Page 5 of 8
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`24.
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`Attached to this declaration as Exhibit 21 is a true and correct copy of a
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`LegalMetric report detailing patent trial statistics for the Western District of Texas from January
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`2018 through December 2021.
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`25.
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`Attached to this declaration as Exhibit 22 is a true and correct copy of a
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`LegalMetric report detailing patent trial statistics for the Northern District of California from
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`January 2018 through December 2021.
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`26.
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`Attached to this declaration as Exhibit 23 is a true and correct copy of an email
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`from Paige Amstutz to the Court’s law clerks, dated February 17, 2022.
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`27.
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`Attached to this declaration as Exhibit 24 is a true and correct copy of the
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`Declaration of Eric Foxlin, dated March 29, 2022, which was produced by Plaintiffs in this case
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`with the Bates number GNTX0002574.
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`28.
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`Attached to this declaration as Exhibit 25 is a true and correct copy of Fed
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`Corporation Announced Acquisition of Virtual Vision, Inc. from Telxon Corporation (Apr. 27,
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`1998), which was produced by Defendants in this case with the Bates number META-GNTX-
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`00003904.
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`29.
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`Attached to this declaration as Exhibit 26 is a true and correct copy of Meta’s 28
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`job postings in Austin to work on Oculus, last visited May 19, 2022.
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`30.
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`Attached to this declaration as Exhibit 27 is a true and correct copy of Adi
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`Robertson, The Oculus Quest and Oculus Rift S Launch on May 21st, and Preorders Open Today,
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`The Verge (Apr. 30, 2019), https://www.theverge.com/2019/4/30/18524055/oculus-quest-rift-s-
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`vr-headset-launch-date-preorders-price.
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`Case 6:21-cv-00755-ADA Document 61-1 Filed 05/20/22 Page 6 of 8
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`31.
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`Attached to this declaration as Exhibit 28 is a true and correct copy of Plaintiffs
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`Gentex Corporation and Indigo Technologies, LLC’s First Supplemental Initial Disclosures (May
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`18, 2022).
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`32.
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`Attached to this declaration as Exhibit 29 is a true and correct copy of an excerpt
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`of an Accurint report for Cass Everitt, as well as a true and correct copy of a Google Maps distance
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`measurement from Everitt’s last known home address to the Waco courthouse.
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`33.
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`Attached to this declaration as Exhibit 30 is a true and correct copy of an excerpt
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`of an Accurint report for Jonathan Atkins, as well as a true and correct copy of a Google Maps
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`distance measurement from Atkins’ last known home address to the Waco courthouse.
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`34.
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`Attached to this declaration as Exhibit 31 is a true and correct copy of an excerpt
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`of an Accurint report for Andrew Welch, as well as a true and correct copy of a Google Maps’
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`distance measurement from Welch’s last known home address to the Waco courthouse.
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`35.
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`Attached to this declaration as Exhibit 32 is a true and correct copy of a Buzzfile
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`report for Meta Platforms, Inc., indicating that its Dallas office is at 5956 Sherry Ln., Dallas, TX
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`75225, as well as a true and correct copy of a Google Maps distance measurement from that address
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`to the Waco courthouse.
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`36.
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`Attached to this declaration as Exhibit 33 is a true and correct copy of Defendants’
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`Objections and Supplemental Responses to Plaintiffs’ First Set of Requests for Production for
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`Venue Purposes (No. 3) (May 4, 2022).
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`37.
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`Attached to this declaration as Exhibit 34 is a true and correct copy of excerpts of
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`John Carmack’s trial testimony, dated January 11, 2017, in Zenimax Media Inc. v. Oculus VR Inc.,
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`No. 14-cv-01849, ECF No. 924 (N.D. Tex.).
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`Case 6:21-cv-00755-ADA Document 61-1 Filed 05/20/22 Page 7 of 8
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`38.
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`Attached to this declaration as Exhibit 35 is a true and correct copy of Defendants’
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`Objections and Supplemental Responses to Plaintiffs’ First Set of Interrogatories for Venue
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`Purposes (Nos. 1, 3, and 4) (May 4, 2022).
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`39.
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`Attached to this declaration as Exhibit 36 is a true and correct copy of excerpts of
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`Mark Zuckerberg’s trial testimony, dated January 17, 2017, in Zenimax Media Inc. v. Oculus VR
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`Inc., No. 14-cv-01849, ECF No. 928 (N.D. Tex.).
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`40.
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`Attached to this declaration as Exhibit 37 is a true and correct copy of excerpts of
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`the transcript of the deposition of Nicholas Wong, taken on May 10, 2022.
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`41.
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`Attached to this declaration as Exhibit 38 is a true and correct copy of U.S. Patent
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`No. 6,757,068 B2.
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`42.
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`Attached to this declaration as Exhibit 39 is a true and correct copy of Defendants’
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`Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26(A)(1) (May 6, 2022).
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`43.
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`Attached to this declaration as Exhibit 40 is a true and correct copy of Defendants
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`Meta Platforms, Inc. and Facebook Technologies, LLC’s Supplemental Invalidity Contentions
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`(Mar. 15, 2022).
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`44.
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`Attached to this declaration as Exhibit 41 is a true and correct copy of Defendants’
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`Notice of Subpoena to Thales Visionix, Inc. (May 18, 2022).
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`45.
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`Attached to this declaration as Exhibit 42 is a true and correct copy of Defendants’
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`First Set of Requests for Production of Documents Relating to Claim Construction Issues (No. 1-
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`3) to Plaintiffs (Jan. 20, 2022).
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`46.
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`Attached to this declaration as Exhibit 43 is a true and correct copy of Defendants’
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`First Set of Venue-Related Requests for Production of Documents (Nos. 1-5) to Plaintiffs (Mar. 8,
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`2022).
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`Case 6:21-cv-00755-ADA Document 61-1 Filed 05/20/22 Page 8 of 8
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`47.
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`Attached to this declaration as Exhibit 44 is a true and correct copy of Defendants’
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`First Set of Requests for Production of Documents (No. 1-55) to Plaintiffs (Apr. 26, 2022).
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`48.
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`Attached to this declaration as Exhibit 45 is a true and correct copy of Defendants’
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`Second Set of Requests for Production of Documents (No. 56) to Plaintiffs (May 6, 2022).
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`49.
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`Attached to this declaration as Exhibit 46 is a true and correct copy of the Court’s
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`November 22, 2021 Email Order.
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`50.
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`Attached to this declaration as Exhibit 47 is a true and correct copy of the Court’s
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`January 10, 2022 Email Order.
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`51.
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`Attached to this declaration as Exhibit 48 is a true and correct copy of the Court’s
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`February 17, 2022 Email Order.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed in Washington, D.C., on May 20, 2022.
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`/s/ Andrew G. Borrasso
`Andrew G. Borrasso
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`8
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