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`Case 2:17-cv-00932-JLR Document 88 Filed 05/15/18 Page 1 of 3
`
`THE HONORABLE JAMES L. ROBART
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
`CYWEE GROUP LTD.,
`
`CASE NO.: 2:17-cv-00932-JLR
`
`DECLARATION OF JAMES C. YOON
`IN SUPPORT OF DEFENDANTS’
`MOTION FOR LEAVE TO FILE FIRST
`AMENDED THIRD-PARTY
`COMPLAINT
`
`NOTE ON MOTION CALENDAR:
`JUNE 1, 2018
`
`JURY TRIAL DEMANDED
`
`Plaintiffs,
`
`v.
`
`HTC CORPORATION, and HTC AMERICA,
`INC.,
`
`Defendants.
`
`HTC CORPORATION, and HTC AMERICA,
`INC.,
`
`Third-Party Plaintiffs,
`
`v.
`
`STMICROELECTRONICS N.V.,
`STMICROELECTRONICS, INC., and CYWEE
`MOTION GROUP LTD.,
`
`Third-Party Defendants.
`
`DECLARATION OF JAMES C. YOON
`2:17-CV-00932-JLR
`
`WILSON SONSINI GOODRICH & ROSATI
`701 FIFTH AVENUE, SUITE 5100
`SEATTLE, WA 98104-7036
`TEL: (206) 883-2500
`FAX: (206) 883-2699
`
`

`

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`Case 2:17-cv-00932-JLR Document 88 Filed 05/15/18 Page 2 of 3
`
`I, James C. Yoon, declare as follows:
`
`1.
`
`I am an attorney at Wilson Sonsini Goodrich & Rosati P.C., counsel of record for
`
`Defendants HTC Corporation (“HTC Corp.”) and HTC America, Inc. (“HTC America”)
`
`(collectively, “HTC”) in the above-referenced matter.
`
`2.
`
`I submit this declaration in support of HTC’s Motion for Leave to File First
`
`Amended Third-Party Complaint. The matters set forth herein are based upon my personal
`
`knowledge, and if called as a witness, I could and would competently testify thereto.
`
`3.
`
`CyWee’s Infringement Contentions were served on December 29, 2017, and
`
`focused primarily on generic motion sensor hardware components and Android source code and
`
`functionalities.
`
`4.
`
`To respond to CyWee’s infringement contentions, HTC performed an initial
`
`investigation with the assistance of Dr. Benjamin Goldberg, who concluded that the portions of
`
`source code functions cited for every asserted independent claim are inoperable on the Accused
`
`Products.
`
`5.
`
`On January 29, 2018, HTC served its Preliminary Non-Infringement Contentions
`
`denying allegations of use of the accused Android code.
`
`6.
`
`HTC has repeatedly informed CyWee that the Accused Products incorporate
`
`licensed hardware and software provided by CyWee’s licensees, thus triggering HTC’s license
`
`and patent exhaustion defenses against CyWee’s patent infringement claims.
`
`7.
`
`HTC did not have access to all the applicable agreements between CyWee,
`
`CyWee Motion, and the STMicroelectronics entities until after it filed its Third-Party Complaint
`
`on January 11, 2018 (Dkt. # 43).
`
`8.
`
`Based on HTC’s internal investigations, the business and licensing arrangement
`
`between ST, CyWee, and HTC were negotiated and supported by STMicroelectronics employees
`
`based in a Taiwan office that did not appear to be affiliated with STM Asia.
`
`//
`
`//
`//
`
`DECLARATION OF JAMES C. YOON
`2:17-CV-00932-JLR
`
`1
`
`WILSON SONSINI GOODRICH & ROSATI
`701 FIFTH AVENUE, SUITE 5100
`SEATTLE, WA 98104-7036
`TEL: (206) 883-2500
`FAX: (206) 883-2699
`
`

`

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`Case 2:17-cv-00932-JLR Document 88 Filed 05/15/18 Page 3 of 3
`
`9.
`
`I have been informed by in-house counsel for HTC that when HTC reached out to
`
`STM Asia regarding the current litigation and indemnification for the Accused Products, STM
`
`Asia referred HTC to STM Inc.
`
`10. HTC has not previously amended its Third-Party Complaint.
`
`11. Attached hereto as Exhibit A is a true and correct copy of HTC’s proposed First
`
`Amended Complaint.
`
`12. Attached hereto as Exhibit B is a true and correct copy of HTC’s proposed First
`
`Amended Complaint with proposed changes shown in redline.
`
`13. Attached hereto as Exhibit C is a true and correct copy of an email chain between
`
`HTC and STM Asia regarding CyWee and its allegations of patent infringement against HTC.
`
`14. Attached hereto as Exhibit D is a true and correct copy of HTC’s October 2, 2017
`
`letter to STM Asia regarding indemnification for the Accused Products.
`
`15. Attached hereto as Exhibit E is a true and correct copy of STM Inc.’s October 6,
`
`2017 letter responding to HTC regarding indemnification for the Accused Products.
`
`I declare under penalty of perjury pursuant to 28 U.S.C. § 1746 that the foregoing is true
`
`and correct. Executed May 15, 2018, in Palo Alto, California.
`
`s/ James C. Yoon
`James C. Yoon
`
`DECLARATION OF JAMES C. YOON
`2:17-CV-00932-JLR
`
`2
`
`WILSON SONSINI GOODRICH & ROSATI
`701 FIFTH AVENUE, SUITE 5100
`SEATTLE, WA 98104-7036
`TEL: (206) 883-2500
`FAX: (206) 883-2699
`
`