Data Scape Limited v. Dropbox, Inc.

Western District of Texas, txwd-6:2019-cv-00023

Affidavit

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION DATA SCAPE LTD., Civil Action No. 6:19-cv-00023 Plaintiff, v. DROPBOX, INC., Defendant. DECLARATION OF ANDREW HAVEN IN SUPPORT OF DROPBOX'S MOTION TO TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA I, Andrew Haven, hereby declare: 1. I am an engineer at Dropbox, Inc. ("Dropbox") and have been a Dropbox employee since July 16, 2013. I provide this declaration in support of Dropbox's Motion to Transfer Venue to the Northern District of California. I submit this declaration based upon my personal knowledge of Dropbox's operations and investigation in connection with Dropbox's Motion. If called upon to testify, I could and would testify competently to these facts. As explained below, the Northern District of California would be a substantially less burdensome forum for Dropbox and its employees to participate in this case. 2. I am informed and understand that the Complaint in this action accuses Dropbox of infringing certain claims of U.S. Patent Nos. 7,720,929, 7,617,537, 8,386,581, and 9,715,893 through its Smart Sync feature. I refer to Smart Sync as the "accused feature" in this declaration. 3. Dropbox is a Delaware corporation with its principal place of business in San Francisco, California. Dropbox has been headquartered in San Francisco since its service was first launched in 2008. Dropbox's San Francisco headquarters is the strategic center of Dropbox's business; it is where 1,545 of Dropbox's total 2,233 worldwide employees work. San Francisco is where Dropbox's senior management team is located and it is where the most significant marketing, engineering, and pricing decisions are made regarding the Dropbox business. 4. Since Dropbox's launch in 2008, it has revolutionized the way files are stored and shared on the internet. Dropbox's software and services enable the easy storage, synchronization and sharing of electronic files. Today, Dropbox is a global collaboration platform with over 500 million users worldwide. 5. The accused feature in this case, Smart Sync, was designed and developed at Dropbox's headquarters in San Francisco. 6. Based on my current understanding and investigation, the likely Dropbox witnesses in this action having technical, marketing, and financial knowledge of the accused feature are located at Dropbox's San Francisco headquarters including myself, Isaac Goldberg, Damien DeVille, Patrick Doyle, Naman Khan, and Emily Silberstein. The engineering, product and design teams responsible for the accused feature are based in San Francisco and Seattle. Accordingly, the engineers, product managers, and designers most knowledgeable about the technical aspects of the accused feature are located in San Francisco or nearer to San Francisco than Waco. Similarly, the personnel most knowledgeable about the marketing and finances of Dropbox are also located in San Francisco. 7. The vast majority of technical documents, financial statements, and marketing materials regarding the accused feature were created in San Francisco. Some technical documents were also created in Seattle. To the extent there are any hard copy documents describing the design and operation of the accused feature, they would be located in San Francisco and Seattle. In addition, the security of source code for the accused feature is of utmost importance to Dropbox, and my understanding from our Risk and Compliance department is that Dropbox houses and controls its source code for the accused feature on servers in the San Francisco Bay Area. 8. Dropbox also has an office in Seattle, Washington. According to our records, over 200 employees work at the Seattle office, over 125 of whom are engineers. Some of these engineers work on the accused feature. 9. In addition to the offices in San Francisco and Seattle, Dropbox has nine other offices. 10. Although Dropbox has an office in Austin, Texas, no engineering, product or design work for the accused feature is or was based there and no software or source code for the accused feature is maintained there. Our records show that fewer than 250 employees work at the Austin office of Dropbox. Those employees are primarily involved in human resources, customer assistance, and sales roles. Fewer than ten are engineers. None of the technical, marketing, or financial documents regarding the accused feature are stored or maintained in Dropbox's Austin office. 11. If this litigation were to proceed in the Western District of Texas, it would be much more burdensome on Dropbox employees than if it were to proceed in the Northern District of California. Key witnesses including those listed above would need to extend their time away from work to travel to the Western District. Dropbox's costs associated with these witnesses' travel and lodging would also be much higher if the litigation were to proceed in Texas than if it were to proceed near the witnesses' residences in the Northern District. In contrast, the burden of attending a trial in the Northern District is lessened because key witnesses are located there. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed in San Francisco, California this 24 day of April, 2019. Andrew Haven