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