American Patents LLC v. Mediatek, Inc. et al

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

Declaration of Larry D. Thompson, Jr.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION AMERICAN PATENTS LLC, Plaintiff, v. CIVIL ACTION NO. 6:18-CV-339 MEDIATEK INC., ET AL., JURY TRIAL DEMANDED Defendants. DECLARATION OF LARRY D. THOMPSON, JR. IN SUPPORT OF AMERICAN PATENTS' OPPOSITION TO LENOVO'S MOTION TO DISMISS 1. I am an attorney at the law firm of Antonelli, Harrington & Thompson LLP. I am counsel for American Patents LLC in this action. I respectfully submit this Declaration in support of American Patents' Opposition to Lenovo (Shanghai) Electronics Technology Co. Ltd. and Lenovo Group, Ltd.'s Motion to Dismiss for Improper Services of Process, Lack of Personal Jurisdiction, and Improper Venue. I have personal knowledge of the facts stated herein, and if called as a witness, could competently testify thereto. 2. Attached hereto as Exhibit A is a true and correct copy of email communications between Martin Bader, counsel for Lenovo (Shanghai) and Lenovo Group (collectively, "Lenovo"), and Zachariah Harrington, counsel for American Patents, on February 5-7, 2019. 3. Attached hereto as Exhibit B is a true and correct copy of excerpts of the Lenovo Group Limited 2017/18 Annual Report. I accessed this report from https://investor.lenovo.com/en/publications/reports/ar_1718.pdf on February 7, 2019. 1 4. Attached hereto as Exhibit C is a true and correct printout from Lenovo's website under "Locations." I accessed this page from https://www.lenovo.com/hk/en/lenovo/locations/ on February 7, 2019. 5. Attached hereto as Exhibit D is a true and correct printout from Lenovo's website listing Matthew Zielinski and Laura Quatela under "Management." I accessed this page from https://www.lenovo.com/hk/en/lenovo/management/ on February 14, 2019. 6. Attached hereto as Exhibit E are true and correct printouts from Bloomberg's webpage for Lenovo Group, under "People," for Matthew Zielinski and Laura Quatela. I accessed these pages from the urls shown in the document footers on February 7, 2019. 7. Attached hereto as Exhibit F are true and correct printouts from the LinkedIn profiles for Matthew Zielinski, Laura Quatela, and Kurt Skaugen. I accessed these pages from https://www.linkedin.com/in/matthew-zielinski-34a2642/, https://www.linkedin.com/in/laura-g- quatela-2923242/, and https://www.linkedin.com/in/kirkskaugen/ on February 7 and February 11, 2019. 8. Attached hereto as Exhibit G are true and correct printouts of eight job listings that appeared when I searched for jobs in "United States—Texas" from the Lenovo website, and the job listing for "Corporate Account Executive—Houston" and for "Global Account Representative—Dallas." I accessed these pages from https://lenovocareers.com/about.html and https://lenovoworldwide.rolepoint.com on February 12 and 14, 2019. 9. Attached hereto as Exhibit H is a true and correct printout from https://lenovocareers.com/about.html, accessed on February 12, 2019. 10. Attached hereto as Exhibit I is a true and correct printout of the import records for Lenovo computer products into the United States, which were obtained from www.importgenius.com. 2 11. Attached hereto as Exhibit J is a true and correct copy of a photo of the back of the Lenovo Tab 4 8, Model Lenovo TB-8504F. The UL listing number for the U.S. and Canada (E302238) and the FCC ID (O57TB8504F) are both clearly visible. 12. Attached hereto as Exhibit K is a true and correct printout of excerpts of a UL Product Spec, showing Lenovo Shanghai (listing number E302238) as the registrant. One of the accused products, the Lenovo Tab 4 8, Model TB-8504F, is listed on page 29 of the printout. I accessed this page from http://productspec.ul.com/document.php?id=NWGQ.E302338 on February 9, 2019. 13. Attached hereto as Exhibit L is a true and correct copy of the FCC record for the FCC ID (O57TB8504F) shown on the Lenovo Tab 4 8, with Lenovo (Shanghai) as the applicant. I accessed this record from https://fccid.io/O57TB8304F1 on February 5, 2019. 14. Attached hereto as Exhibit M is a true and correct printout from Walmart's website, showing the Lenovo Tab 4 10 available for purchase from its Waco store. I accessed this page from https://www.walmart.com/ip/Lenovo-Tab-4-10-Android-Tablet-Quad-Core- Processor-1-4GHz-16GB-Storage-Slate-Black/586637368 on February 14, 2019. 15. A Google search for Lenovo Group, Lenovo United States, or Lenovo Shanghai all take me to Lenovo.com. A Google search for "Lenovo United States management" takes me the "Management" page of Lenovo.com (https://www.lenovo.com/us/en/lenovo/management/), which shows Lenovo Group's CEO and high-level managers. A Google search for "Lenovo Shanghai management" takes me to Lenovo's "Locations" page. The left-hand side contains a link for "Management" which takes me to the same list of people as the Lenovo United States Google search (https://www.lenovo.com/hk/en/lenovo/management/). 16. Attached hereto as Exhibit N is a true and correct printout of excerpts from Amazon's website, showing the Lenovo Tab 4 8 available for sale. I accessed this page from 3 https://www.amazon.com/Lenovo-Android-Quad-Core-Processor- ZA2B0009US/dp/B07193VPNF on February 5, 2019. 17. Attached hereto as Exhibit O is a true and correct printout from MicroCenter's website, showing the Lenovo Tab 4 8 available for purchase from its Houston store. I accessed this page from https://www.microcenter.com/product/483044/lenovo-tab-4-8---black on February 9, 2019. MicroCenter's website, https://www.microcenter.com/site/stores/default.aspx, lists sixteen states in which it has its twenty-five stores, including two stores in Texas. 18. Attached hereto as Exhibit P is a true and correct excerpted printout of the Lenovo website, showing the Lenovo Tab 4 8 available for sale. I accessed this page from https://www.lenovo.com/us/en/tablets/android-tablets/tab-4-series/Lenovo-TB- 8504/p/ZZITZTATB08m on February 9, 2018. 19. Attached hereto as Exhibit Q is a true and correct printout of the Texas Department of Information Resources ("DIR") Lenovo Purchases Page from the website https://dir.texas.gov/View-Search/Contracts-Detail.aspx?contractnumber=DIR-tso-3808. I accessed this page on February 12, 2019. 20. Attached hereto as Exhibit R is a true and correct copy of the cover letter received from the Texas Secretary of State that enclosed the Certificates of Service on Lenovo Group and Lenovo Shanghai. 21. Attached hereto as Exhibit T is a true and correct copy of an article dated May 18, 2018 and entitled "Suing a Chinese entity in the United States? Expect a two year wait to serve process." I accessed this page from https://www.iam-media.com/frandseps/suing-chinese-entity- united-states-expect-two-year-wait-serve-process on December 5, 2018. 4 I declare under penalty of perjury that the foregoing is true and correct. Executed on February 14, 2019 in Houston, Texas. ______________________________ Larry D. Thompson, Jr. 5