Case 3:14-cv-00757-REP-DJN Document 54 Filed 01/26/15 Page 1 of 6 PageID# 2585
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`RICHMOND DIVISION
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`CIVIL ACTION NO. 3:14-cv-00757-REP
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`SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
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`v.
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`NVIDIA CORPORATION, VELOCITY
`MICRO, INC. D/B/A VELOCITY MICRO,
`AND VELOCITY HOLDINGS, LLC
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`
`
`Plaintiffs,
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`Defendants.
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`DECLARATION OF VISION WINTER IN SUPPORT OF SAMSUNG’S OPPOSITION
`TO DEFENDANTS’ MOTION TO TRANSFER, SEVER, AND STAY
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`
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`I, Vision Winter, declare as follows:
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`1.
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`I am a member of the Bar of the State of California and am admitted Pro Hac
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`Vice to the United States District Court for the Eastern District of Virginia. I am a partner at
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`the law firm of O’Melveny & Myers, LLP, attorneys of record for Plaintiffs Samsung
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`Electronics Co., Ltd., and Samsung Electronics America, Inc., (collectively “Samsung”) in
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`this case. I submit this declaration in support of Samsung’s Opposition to Defendants’
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`Motion Transfer, Sever, and Stay. I have personal knowledge of the facts set forth in this
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`declaration and, if called to testify as a witness, could and would do so under oath.
`2. Attached hereto as Exhibit 1 is a true and correct copy of a NVIDIA website
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`posting dated December 23, 2014 titled “NVIDIA Comments on Samsung ITC Lawsuit,”
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`which can be accessed athttp://blogs.nvidia.com/blog/2014/12/23/samsung-itc/.
`3. Attached hereto as Exhibit 2 is a true and correct copy of Order No. 3: Regarding
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`Target Date, Case Management Conference, And Procedural Schedule, before the United
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`States International Trade Commission, Investigation No. 337-TA-932, dated October 30,
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`2014.
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`Case 3:14-cv-00757-REP-DJN Document 54 Filed 01/26/15 Page 2 of 6 PageID# 2586
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`4. Attached hereto as Exhibit 3 is a true and correct copy of a NVIDIA website
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`posting dated September 4, 2004 titled “NVIDIA launches Patent Suits Focused on Samsung
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`Galaxy Phones, Tablets,” which can be accessed at
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`http://blogs.nvidia.com/blog/2014/09/04/nvidia-launches-patent-suits/#sthash.85ifjPV2.dpuf.
`5. Attached hereto as Exhibit 4 is a true and correct copy of a Velocity Micro
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`website posting from 2014 titled “Who we are,” which bears Bates-numbers SAMS-NVD-
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`0002099-2100.
`6. Attached hereto as Exhibit 5 is a true and correct copy of a Velocity Micro
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`website posting titled “Last Chance Sales Event,” which can be accessed at
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`http://www.velocitymicro.com/lastchance.php.
`7. Attached hereto as Exhibit 6 is a true and correct copy of a Velocity Micro Press
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`Release, dated June 5, 2006 title Velocity Micro Delivers Mind-blowing Gaming Performance
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`with NVIDIA GeForce 7950 GX2 Graphics Solution,” which can be accessed at
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`http://www.velocitymicro.com/pr_20060506.php.
`8. Attached hereto as Exhibit 7 is a true and correct copy of a Velocity Micro Press
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`Release, dated May 25, 2010 titled “Velocity Micro Announces Raptor X17 Notebook
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`Featuring NVIDIA GeForce GTX 480M Mobile Graphics,” which bears Bates-numbers
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`SAMS-NVD-0002131
`9. Attached hereto as Exhibit 8 is a true and correct copy of a Velocity Micro Press
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`Release, dated May 23, 2013 titled “Velocity Micro Announces Desktop Powered by
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`NVIDIA GeForce GTX 780,” which bears Bates-numbers SAMS-NVD-0002132-33.
`10. Attached hereto as Exhibit 9 is a true and correct copy of a Velocity Micro Press
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`Release, dated February 18, 2014 titled “Velocity Micro Announces the Immediate
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`Availability of NVIDIA GeForce GTX 750, 750Ti, and TITAN Black Graphics,” which bears
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`Bates-numbers SAMS-NVD-0002135-36.
`11. Attached hereto as Exhibit 10 is a true and correct copy of a Velocity Micro Press
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`Release, dated March 9, 2006 titled “With Quad SLI, Velocity Micro Introduces the World’s
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`Case 3:14-cv-00757-REP-DJN Document 54 Filed 01/26/15 Page 3 of 6 PageID# 2587
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`Fastest Gaming PC,” which can be accessed at
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`http://www.velocitymicro.com/pr_20060903.php.
`12. Attached hereto as Exhibit 11 is a true and correct copy of a Velocity Micro Press
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`Release, dated April 16, 2004 titled “Velocity Micro Partners With NVIDIA To Launch
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`GeForce 6 Series of Graphics,” which bears Bates-number SAMS-NVD-0002137.
`13. Attached hereto as Exhibit 12 is a true and correct copy of an NVIDIA website
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`posting, from 2014 titled “The Ultimate Tablet for Gamers,” which bears Bates-numbers
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`SAMS-NVD-0002110-30.
`14. Attached hereto as Exhibit 13 is a true and correct copy of a NVIDIA website
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`posting dated November 18, 2014 titled “NVIDIA, Audi Accelerating Pace of In-Car
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`Technology Seen at LA Auto Show,” http://blogs.nvidia.com/blog/2014/11/18/nvidia-audi/.
`15. Attached hereto as Exhibit 14 is a true and correct copy of the U.S. District
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`Courts-Median Time Intervals from Filing to Disposition of Civil Cases, for the period ending
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`March 31, 2014.
`16. Attached hereto as Exhibit 15 is a true and correct copy of the November 3, 1998
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`Hearing Transcript in Advanced Refractory Technologies, Inc. v. SP3, Inc., in the United
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`States District Court, Eastern District of Virginia, Richmond Division, Case No. 3:98CV616.
`17. Upon a reasonable search of available computer databases, and on information
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`and belief, the following nine attorneys were involved in the prosecution of the asserted
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`patents and are currently located in the Eastern District of Virginia or Washington, DC.
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`Prosecuting
`Attorney
`Patrick J. Stanzione
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`Brian C. Altmiller
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`Robert E. Bushnell
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`Matthew J. Lestina
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`Patent Prosecuted
`USPN 5,777,854
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`USPN 6,282,938
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`USPN 6,804,724
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`USPN 6,804,724
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`John A. Castellano
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`USPN 6,819,602
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`Current Business Address
`1725 I Street, N.W., Suite 300
`Washington, DC 20006
`12040 South Lakes Drive, Suite 101
`Reston, VA 20191
`2029 K Street, N.W., Suite 600
`Washington, DC 2006-1004
`2029 K Street, N.W., Suite 600
`Washington, DC 2006-1004
`11730 Plaza America Drive, Suite 600
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`Case 3:14-cv-00757-REP-DJN Document 54 Filed 01/26/15 Page 4 of 6 PageID# 2588
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`USPN 7,073,054
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`USPN 7,073,054
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`Michael D. Stein
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`Gene M. Garner II
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`J. Randall Beckers
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`Sang Chul Kwon
`
`
`Reston, VA 20190
`1400 I Street, N.W., Suite 300
`Washington DC 20005
`1201 New York Avenue, N.W., Suite 700
`Washington DC 20005
`1201 New York Avenue, N.W., Suite 700
`Washington DC 20005
`7015 Enterprise Avenue
`McLean, VA 22101
`18. Upon a reasonable search of available computer databases, and on information
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`USPN 7,073,054
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`USPN 7,073,054
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`and belief, the following and five of the eight asserted patents were prosecuted by law firms in
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`Virginia or Washington, D.C.:
`• U.S. Patent No. 5,777,854: Upon a reasonable search of available computer
`databases, and on information and belief, the law firm of Stanzione & Kim (now
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`Stanzione & Associates, PLLC), of Washington, D.C., was substantively involved
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`in the prosecution of U.S. Patent No. 5,777,854.
`• U.S. Patent No. 6,282,938: Upon a reasonable search of available computer
`databases, and on information and belief, the law firm of Jones Volentine, LLP, of
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`Reston, Virginia, was substantively involved in the prosecution of U.S. Patent No.
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`6,282,938.
`• U.S. Patent No. 6,804,724: Upon a reasonable search of available computer
`databases, and on information and belief, the law firm of R.E. Busnell & Law
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`Firm, of Washington, D.C., was substantively involved in the prosecution of U.S.
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`Patent No. 6,804,724.
`• U.S. Patent No. 6,819,602: Upon a reasonable search of available computer
`databases, and on information and belief, the law firm of Harness, Dickey &
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`Pierce, PLC, of Reston, Virginia, was substantively involved in the prosecution of
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`U.S. Patent No. 6,819,602.
`• U.S. Patent No. 7,073,054: Upon a reasonable search of available computer
`databases, and on information and belief, the law firm of Staas & Halsey LLP, of
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`Case 3:14-cv-00757-REP-DJN Document 54 Filed 01/26/15 Page 5 of 6 PageID# 2589
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`Washington, D.C., was substantively involved in the prosecution of U.S. Patent
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`No. 7,073,054.
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`I declare under penalty of perjury under the laws of the United States that the
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`foregoing is true and correct.
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`Executed January 26, 2015 in Los Angeles, California..
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`_____________________________
`Vision Winter
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`Case 3:14-cv-00757-REP-DJN Document 54 Filed 01/26/15 Page 6 of 6 PageID# 2590
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`CERTIFICATE OF SERVICE
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`I hereby certify that on January 26, 2015, a true and correct copy of the foregoing was
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`filed electronically using the CM/ECF system. As such, this document was served on all counsel
`who have consented to electronic service, including as follows:
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`Dabney Jefferson Carr, IV
`
` Troutman Sanders LLP
` 1001 Haxall Point
` Richmond, VA 23219
` Telephone: 804-697-1238
` Facsimile: 804-698-5119
` Email: Dabney.carr@troutmansanders.com
`
` Clement Joseph Naples
` Latham & Watkins LLP
` 885 third Avenue, 25th Floor
` New York, NY 10022
` Telephone: 212-906-1200
` Facsimile: 212-906-1201
` Email: clement.naples@lw.com
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` Counsel for NIVIDIA Corporation,
` Velocity Micro, Ind., d/b/a Velocity Micro
` and Velocity Holdings, LLC
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`
`
`
`/s/ Robert W. McFarland
`Robert W. McFarland (VSB No. 24021)
`Sarah K. McConaughy (VSB No. 80674)
`MCGUIREWOODS LLP
`101 West Main Street, Suite 9000
`Norfolk, Virginia 23510
`Telephone: (757) 640-3716
`Facsimile: (757) 640-3966
`E-mail: rmcfarland@mcguirewoods.com
`Attorneys for PLAINTIFFS Samsung Electronics
`Co., Ltd., and Samsung Electronics America, Inc.
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