Data Scape Limited v. Box, Inc.

Western District of Texas, txwd-6:2019-cv-00025

Affidavit Joely Urton

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION Data Scape Limited, Civil Action No. 6:1.9-CV-00025-ADA Plaintiff, DECLARATION OF JOELY URTON IN SUPPORT OF BUX,INC.'S MOTION TO v. TRANSFER VENUE Box, Inc., Defendant. I, Joely Urton, declare: 1. I am the Vice President, Analyst Relations and Market Intelligence at Box, Inc. ("Box"). I have been employed at Box since March of 2011. I have personal knowledge of the facts set forth in this declaration. If called as a witness to testify, I could and would testify competently to those facts. I provide this declaration in support of Box's Motion to Transfer Venue. 2. Founded in 2005, Box offers "cloud-based" storage and content management products and services. 3. From 2006 until the present, Box's headquarters have been located in the San Francisco Bay Area, which I understand is in the Northern District of California. From 2006 until 2012, Box was headquartered in Palo Alto, California, Frorn 2012 to 2015, Box's headquarters and principal place of business was at 40 El Camino Real, Los Altos, California 94022. In November 2015, Box relocated its headquarters to its current location in Redwood City at 900 Jefferson Avenue, Redwood City, California 94063. 4. Box's management, research and development, and engineering for its U.S. operations are located at its headquarters in Redwood City, California. The company's Chief Executive Officer, Chief Financial Officer, Chief Operating Officer, Chief Product Officer, and the"company's senior management are all based at the company's headquarters in Redwood City, California. Decisions related to Box's overall business are made in Redwood City, including the most significant sales, marketing, pricing,finance, and engineering decisions related to Box's U.S. products and services. None of the most significant sales, marketing, pricing, finance, or engineering decisions related to Box's U.5. products and services are made in any other Box office. 5. Box employs approacimately one thousand people full-time at its Redwood City, California headquarters, including engineers, product managers, executives, and staff. 6. I am informed that the following Box products are at issue: Box Platform, Box for Enterprise/Business, Box for individuals and teams, Box Drive, and Box Sync (together the "Accused Box Products"). The'Accused Box Products were primarily designed and developed by Box at various locations in the San Francisco Bay Area. All technical, marketing, and sales functions related to the Accused Box Products are managed out ofBox's Redwood City, California headquarters. None of the technical, marketing, or sales functions related to the Accused Box Products are managed out of any other Box office. 7. The Box employees most knowledgeable regarding design, development, function operation, marketing, and sale of the Accused Box Products all work and reside in the San Francisco Bay Area. In addition to myself, the following employees, who are based in Redwood City in the Northern District of California, have knowledge relating to the design, development, function, operation, marketing, and sale of tha Accused Box Products and they are likely to be witnesses in this case. 2 8. Jeff Queisser is a Co-Founder of Box and Senior Vice President of Engineering at Box. Mr. Queisser leads engineering efforts relating to the Accused Box Products and is knowledgeable about the design, development, testing, and operation of the Accused Box Products. Mr. Queisser and the over three hundred other members of the engineering team work at Box's Redwood City, California headquarters. 9. Jeff Mannie is Vice President, Controller and Chief Accounting Officer at Box. Mr. Mannie leads the accounting team and is knowledgeable about the sales, costs, revenues, profits, and other financial information relating to the Accused Box Products. Mr. Mannie works at Box's Redwood City, California headquarters. 10. As stated above,I am the Vice President, Analyst Relations and Market Intelligence at Box. I manage Box's global analyst relations team and am knowledgeable about the marketing, pricing, and sale of the Accused Box Products. I work at Box's Redwood City, California headquarters. 11. Box's technical documentation, computer source code, sales, marketing, financial and other business information,including all hard copy documentation related to the Accused Box Products and al(documentation generated in Box's Austin office, are located in Box's datacenters or on third-party servers managed from Box's Redwood City headquarters. Box's two primary datacenters are located in Santa Clara, California and San Jose, California, both of which I understand are located in the Northern District ofCalifornia. Box has a third datacenter located in Las Vegas, Nevada which has primarily been used in a disaster recovery .function. The master copies of the Accused Box Products are managed from Box's Redwood City headquarters and stored with athird-party cloud hosting service. Box's documentation would be collected by members of the Box IT department, which is located in Redwood City, California. 3 12. Roughly 200 Box employees work in Box's Austin, Texas office. 13. Box does not,perform any product design or development work in its Austin office. None ofthe design or development ofany Box product has ever taken place in Box's Austin office. The employees in Austin focus primazily on sales, customer support, and security. The majority of Box's Austin-based employees, roughly 65%, are entry level employees in the Customer Success or Sales Departments. 14. All functions of the Austin office are managed out of Box's headquarters in Redwood City, California. 15. The Box technical lead responsible for managing and overseeing the initial development of Box Sync was Satish Asok. The prior product manager for Box Sync was Griffin Dorman. The former VP Engineering who led and scaled engineering efforts for Box Sync was Arnold Goldberg. The former engineering manager for Box Sync was Matthew Self, VP of Product Engineering, who was knowledgeable about its design, development, testing, and operation. Neither Mr. Asok, Mr. Dorman, Mr. Goldberg, nor Mr. Self is a current employee of Box. Jeremy Chiu, who is a Software Engineering Manager at Box is likely to be a witness in this case with respect to Box Sync. Mr. Chiu resides in the Northern District of California and is based in Box's Redwood City headquarters. 16. Box Drive is based on a combination of technology from Box Sync and technical expertise acquired from a company called Streem. Former Streem employees were involved in the development of Box Drive when they joined Box. These individuals include Ritik Malhotra, Tanooj Luthra, Sarat Tallamraju, and Neal Wu. None ofthese individuals are current employees of Box. Mr. Chiu also worked on the development of Box Drive and is likely to be a witness in this case with respect to Box Drive. 4 17. The design and development of Box Platform, Box for BusinesslEnterprise, and Box for individuals and teams all occurred at Bax's locations in the Northern District of California. Box'anticipates that any current Box employees who are likely to be witnesses in this case with respect to these products are also based in Box's headquarters in Redwood City and reside in the Northern District of California. Box anticipates that Denali Lumma, Director of Engineering for Enterprise Group, Claudio Bartolini, Software Architect, and Ibrahim Bashir, Sr. Director, Product, are likely to be witnesses in this case with respect to these Box products. Ketki Warudkar was the product management lead for Box for individuals and teams during its development. Ms. Warudkar is not a current employee of$ox. I declare under penalty of perjury, under the laws of the United States, that the aforementioned is true and correct to the best of my knowledge. Executed this~4iay of April, 2019 in Redwood City, California. f•".