American Patents LLC v. Mediatek, Inc. et al

Western District of Texas, txwd-6:2018-cv-00339

Declaration of Lai L Yip

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION AMERICAN PATENTS LLC, CIVIL ACTION NO. 6:18-CV-339-ADA Plaintiff, v. MEDIATEK INC., MEDIATEK USA INC., BROADCOM PTE. LTD., BROADCOM CORPORATION, LENOVO (SHANGHAI) ELECTRONICS TECHNOLOGY CO. LTD., LENOVO GROUP, LTD., NXP SEMICONDUCTORS N.V., NXP B.V., NXP USA, INC., QUALCOMM INCORPORATED JURY TRIAL DEMANDED and QUALCOMM TECHNOLOGIES, INC., Defendants. DECLARATION OF LAI L. YIP IN SUPPORT OF SPECIALLY APPEARING DEFENDANTS LENOVO (SHANGHAI) ELECTRONICS TECHNOLOGY CO. LTD. AND LENOVO GROUP, LTD.'S MOTION TO DISMISS FOR IMPROPER SERVICE OF PROCESS, LACK OF PERSONAL JURISDICTION, AND IMPROPER VENUE I, Lai L. Yip, declare as follows: 1. I am an attorney admitted pro hac vice to practice before this Court. I am a partner with Sheppard Mullin Richter & Hampton, LLP, attorneys for defendants Lenovo (Shanghai) Electronics Technology Co. Ltd. and Lenovo Group Ltd. (the "Lenovo Defendants"). I make the following statements of my own personal knowledge. Information Regarding Plaintiff American Patents LLC 2. Based on information from the website of the Texas Comptroller of Public Accounts, Plaintiff's effective date of registration with the Texas Secretary of State is April 10, SMRH:489365094 -1- 2018. A true and correct copy of this information from the Texas Comptroller of Public Accounts is attached hereto as Exhibit A. As shown in Exhibit A, Plaintiff has a mailing address at 2325 Oak Aly Tyler, TX 75703-5892. Plaintiff designated Jon Rowan as its registered agent, who is identified in Exhibit A as having a "Registered Office Street Address" of 2325 Oak Alley Tyler, TX 75703. 3. Plaintiff appears to operate a website located at https://www.ampatents.com/, apparently consisting of a single page that lists: the company name; an address at 2325 Oak Alley, Tyler, TX 75703; the email address jon@ampatents.com; and a phone number: 903-871- 5126. A true and correct printout of the https://www.ampatents.com/, as it appeared on January 29, 2019 and as of this filing, is attached hereto as Exhibit B. According to ICANN WHOIS, the free service available for looking up a domain, the www.ampatents.com webpage was created on May 8, 2018, and has never been updated. A true and correct copy of the ICANN WHOIS record for this domain is attached hereto as Exhibit C. 4. With respect to Plaintiff's registered agent in Texas, Jon Rowan, he appears to be Jonathan Michael "Jon" Rowan, a lawyer admitted in Texas with Bar Card Number 24053455 and a Texas license date of May 4, 2006. Mr. Rowan apparently has a private law practice called Rowan Law Firm, PC that is located at 2325 Oak Aly, Tyler, TX 75703-5892, which is the same mailing address for Plaintiff, as shown in Exhibit A. A true and correct copy of this information regarding Mr. Rowan taken from the Texas Bar website is attached hereto as Exhibit D. In addition, Mr. Rowan appears to operate the single-page website for Rowan Law Firm, PC located at http://www.rowanfirm.com/, which is very similar in appearance to Plaintiff's single- page website located at https://www.ampatents.com/. Similar to Plaintiff's website, the website for Rowan Law Firm PC identifies a mailing address at 2325 Oak Alley, Tyler, Texas 75703, an SMRH:489365094 -2- email address: jon@rowanfirm.com, and a phone number: 903-594-4330. A true and correct copy of http://www.rowanfirm.com/, as it appeared on January 29, 2019 and as of this filing, is attached hereto as Exhibit E. 5. In addition, based on an investigation conducted by my team under my supervision, Plaintiff appears to have filed thirteen separate patent infringement lawsuits against approximately 49 different defendants in federal courts in Texas in late 2018. Four of these cases were filed on September 24, 2018; four more cases were filed less than two weeks later on October 4, 2018; three additional cases were filed on October 26, 2018; and the remaining two cases were filed on November 14, 2018 and December 6, 2018, respectively. The case titles and numbers for these thirteen cases are identified below: 1) American Patents LLC v. Huawei Device USA Inc., et al., Case No. 4:18- cv-00672-ALM (E.D. Tex.), filed on September 24, 2018; 2) American Patents LLC v. LG Electronics, Inc., et al., Case No. 4:18-cv- 00673-ALM (E.D. Tex.), filed on September 24, 2018; 3) American Patents LLC v. Samsung Electronics America, Inc., et al., Case No. 4:18-cv-00674-ALM (E.D. Tex.), filed on September 24, 2018; 4) American Patents LLC v. ZTE Corporation, et al., Case No. 4:18-cv- 00675-ALM (E.D. Tex.), filed on September 24, 2018; 5) American Patents LLC v. Acer, Inc., Case No. 4:18-cv-00697-ALM (E.D. Tex.), filed on October 4, 2018; 6) American Patents LLC v. AsusTek Computer Inc., Case No. 4:18-cv- 00698-ALM (E.D. Tex.), filed on October 4, 2018; SMRH:489365094 -3- 7) American Patents LLC v. HP Inc., Case No. 4:18-cv-00700-ALM (E.D. Tex.), filed on October 4, 2018; 8) American Patents LLC v. OnePlus Technology (Shenzen) Co., Ltd., Case No. 4:18-cv-00701-ALM (E.D. Tex.), filed on October 4, 2018; 9) American Patents LLC v. Panasonic Corporation of North America, Case No. 4:18-cv-00766-ALM (E.D. Tex.), filed on October 26, 2018; 10) American Patents LLC v. TCL Corp., et al., Case No. 4:18-cv-00767- ALM (E.D. Tex.), filed on October 26, 2018; 11) American Patents LLC v. Hisense Co. Ltd., et al., Case No. 4:18-cv- 00768-ALM (E.D. Tex.), filed on October 26, 2018; 12) American Patents LLC v. MediaTek, Inc., et al., Case No. 6:18-cv-00339- ADA (W.D. Tex.), filed on November 14, 2018; and 13) American Patents LLC v. Analog Devices, Inc., et al., Case No. 6:18-cv- 00356-ADA (W.D. Tex.), filed on December 6, 2018. Information on Serving Chinese Defendants Pursuant to the Hague Convention 6. A true and correct copy of the Hague Conference on Private International Law website, Status Table, https://assets.hcch.net/docs/ccf77ba4-af95-4e9c-84a3-e94dc8a3c4ec.pdf (last visited January 30, 2019) (listing the contracting states to the Hague Convention in alphabetical order) is attached hereto as Exhibit F. China is shown on page 1 of Exhibit F. 7. A true and correct copy of the Hague Conference on Private International Law, China-Central Authority & Practical Information, https://www.hcch.net/en/states/authorities/details3/?aid=243 (last visited January 30, 2019) (describing requirements for Hague Convention compliance in China) is attached hereto as Exhibit G. SMRH:489365094 -4- 8. A true and correct copy of the December 26, 2018 email correspondence between Anup M. Shah, Intellectual Property Litigation Counsel at Lenovo (United States), Inc., and Plaintiff's counsel, Ryan Pinckney, including alleged proofs of service Mr. Pinckney enclosed in his email, is attached hereto as Exhibit H. I declare under penalty of perjury under the federal laws of the United States that the foregoing is true and correct. Executed on January 31, 2019, in San Francisco, California. Lai L. Yip SMRH:489365094 -5- CERTIFICATE OF SERVICE I hereby certify that on January 31, 2019, a true and correct copy of the foregoing DECLARATION OF LAI L. YIP IN SUPPORT OF SPECIALLY APPEARING DEFENDANTS LENOVO (SHANGHAI) ELECTRONICS TECHNOLOGY CO. LTD. AND LENOVO GROUP, LTD.'S MOTION TO DISMISS FOR IMPROPER SERVICE OF PROCESS, LACK OF PERSONAL JURISDICTION, AND IMPROPER VENUE was filed electronically. Notice of this filing will be sent by operation of the Court's electronic filing system to all parties indicated on the electronic filing receipt. All other parties will be served by regular U.S. Mail. Parties may access this filing through the Court's electronic filing system. /s/ Lai L. Yip (Admitted Pro Hac Vice) Lai L. Yip SMRH:489365094 -6-