Data Scape Limited v. Box, Inc.

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

Declaration of Adam Whaley

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Case 519-CV-00025-ADA- Document 29-7 Filed 05/17719 Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION Data Scape Limited, Civil Action No. 6:19-CV-00025-ADA Plaintiff, DECLARATION OF ADAM WHALEY IN SUPPORT OF BOX, INC.'S MOTION TO TRANSFER VENUE v. Box, Inc., Defendant. I, Adam Whaley, declare: 1. I am employed by Box, Inc. ("Box") and currently hold the position of Director of Product Strategy. I have been employed at Box since September 2015. 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. I report to a manager at Box who is based in Redwood City, California. 3. I am informed that the following Box products are at issue: Box Platform, Box for Enterprise/Business, Box for Individuals & Teams, Box Drive, and Box Sync (together the "Accused Box Products"). 4. I understand that the plaintiff in this lawsuit has alleged that I have relevant knowledge regarding "Design, development, and operation of the accused products." This statement is not accurate in that I did not have any involvement with the original design or development of any of the Accused Box Products. As a result, I do not have any direct personal Case 6:19-CV-00025-ADA Document 29-7 Filed 05/17/19 Page 2012 knowledge of the design and development work resulting in the introduction of the Accused Box Products 5. I worked in a customer-facing role at Box between around September 2015 and January 2018, where I generally was not involved in decisions affecting the features of Box's products. In my current role since January 2018, I am part of a team of approximately ten people that is entirely based in Redwood City, California except for myself, and focuses on forward- looking considerations regarding the features of Box products. The ultimate decisions about what features to maintain, include, or change in the products are made by Box personnel based in Redwood City, California. I declare under penalty of perjury, under the laws of the United States, that the foregoing is true and correct to the best of my knowledge. Executed this 15th day of May, 2019 in Redwood City, California. Adam Whaley