Ixi Mobile (R&D) Ltd. et al v. Apple, Inc.

Northern District of California, cand-4:2015-cv-03755

DECLARATION of Elizabeth A. Gillen in Support re: 27 MOTION to Transfer Case Apple Inc.'s Notice of Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a). Document filed by Apple, Inc.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Case No. 14-cv-7954-RJS-DF IXI Mobile (R&D) Ltd. and IXI IP, LLC, Plaintiffs, - against - APPLE INC., Defendant. DECLARATION OF ELIZABETH A. GILLEN IN SUPPORT OF APPLE'S MOTION TO TRANSFER I, Elizabeth A. Gillen, hereby submit this declaration pursuant to 28 U.S.C. § 1746 and declare as follows: 1. I am an attorney with Simpson Thacher & Bartlett LLP at 2475 Hanover Street, Palo Alto, California, which represents Apple Inc. ("Apple") in this action. 2. Attached as Exhibit A is a true and correct copy of a "Hoovers" profile for Plaintiff IXI Mobile (R&D) Ltd. 3. Attached as Exhibit B is a true and correct copy of an online newspaper article dated March 1, 2006, regarding IXI Mobile, Inc. and its research and development facility in Israel. Exhibit B is available at http://www.bizjournals.com/sanjose/stories/2006/02/27/ daily31.html. 4. Attached as Exhibit C is a true and correct copy of a June 6, 2007 press release from IXI Mobile, Inc. Exhibit C states that IXI Mobile was headquartered in Redwood City, California, and that, upon acquisition in 2007 by Israel Technology Acquisition Corp ("ITAC"), -1- changed its name to IXI Mobile, Inc. and ceased its U.S. operations. Exhibit C is available at http://news.thomasnet.com/companystory/ixi-mobile-inc-announces-the-closing-of-the-merger- between-israel-technology-acquisition-corp-and-ixi-mobile-524837. 5. Attached as Exhibit D is a true and correct copy of the homepage of Butterfly Investments, LP, a real estate investment company located at 1001 Laurel Street #B, San Carlos, California 94070, listing Mr. Amit Haller as a Senior Partner and the company's Chief Executive Officer. Exhibit D is available at http://www.butterfly-investments.com/about-us.html. On information and belief, Mr. Haller currently resides at either 2208 Bettina Avenue, Belmont, California 94002 or 12195 Padre Court, Los Altos Hills, California 94022. 6. Attached as Exhibit E is a true and correct copy of the LinkedIn profile of Mr. Peter Fornell. On information and belief, Mr. Fornell currently resides at 666 Post Street, Apartment #603, San Francisco, California 94109. 7. Attached as Exhibit F is a true and current copy of the LinkedIn profile of Mr. Hans Reisgies. On information and belief, Mr. Reisgies currently resides at 1829 McNiff Place, San Jose, California 95124. 8. Attached as Exhibit G are IXI R&D and IXI IP's Initial Disclosures, served on November 12, 2014. Plaintiffs' Initial Disclosures state that the last known address of Mr. Ziv Haparnas is at 1735 Steiner Street, Apartment 464, San Francisco, California. 9. On information and belief, Mr. Amir Glick resides in Israel. Attached as Exhibit H are true and correct copies of the four Form PTO-1595 Assignment Recordation Forms between the inventors of the four patents-in-suit and IXI Mobile (Israel) Ltd./IXI Mobile (R&D) Ltd. These documents indicate that Amit Haller, Peter Fornell, Avraham Itzchak, Ziv Haparnas, -2- Amir Glick, and Hans Reisgies executed the assignment instruments before a Notary Public in the Northern District of California. 10. On information and belief, Mr. Avraham Itzchak resides in Israel. 11. Attached as Exhibit I is a true and correct copy of a printout of entity information for IXI IP, LLC from the NYS Department of State, Division of Corporations. The database indicates that IXI IP, LLC has an initial Department of State filing date of April 2, 2014, and maintains an address at 1218 Central Avenue, Suite 100, Albany, New York 12205. Albany, New York is located with the Northern District of New York. Exhibit I is available at http://www.dos.ny.gov/corps/bus_entity_search.html. 12. Attached as Exhibit J is a true and correct copy of the homepage of IXI IP, LLC, available at http://www.ixiip.com/, listing only an address of "Chrysler Building, 405 Lexington Avenue, Seventh Floor, Suite 726, New York, NY 10174." 13. On November 26, 2014, I sought to visit IXI IP, LLC's office at the address listed on its website: "Chrysler Building, 405 Lexington Avenue, Seventh Floor, Suite 726, New York, NY 10174." This location is one block down the street from Simpson Thacher & Bartlett LLP's office at 425 Lexington Avenue, New York, New York. I was unable to locate any company named "IXI IP, LLC" or any similarly named entity using the Chrysler Building directory in the lobby. I requested more information at the lobby helpdesk and was informed that a number of law firms and companies occupy the seventh floor of the Chrysler Building, none of which are named IXI IP, LLC. 14. Attached as Exhibit K is a true and correct copy of the U.S. Patent and Trademark Office Website's Assignment Database indicating that U.S. Patent No. 7,295,532 was assigned to IXI IP, LLC from IXI Mobile (R&D) Ltd. on June 5, 2014. -3- 15. Attached as Exhibit L is a true and correct copy of the U.S. Patent and Trademark Office Website's Assignment Database indicating that U.S. Patent No. 7,426,398 was assigned to IXI IP, LLC from IXI Mobile (R&D) Ltd. on June 5, 2014. 16. Attached as Exhibit M is a true and correct copy of the U.S. Patent and Trademark Office Website's Assignment Database indicating that U.S. Patent No. 7,016,648 was assigned to IXI IP, LLC from IXI Mobile (R&D) Ltd. on June 5, 2014. 17. Attached as Exhibit N is a true and correct copy of the U.S. Patent and Trademark Office Website's Assignment Database indicating that U.S. Patent No. 7,039,033 was assigned to IXI IP, LLC from IXI Mobile (R&D) Ltd. on June 5, 2014. 18. A patent application filed in December 2000 by employees of Agilent Technologies, based in Santa Clara, California, discloses similar functionality as described in three of the four patents-in-suit. The witnesses knowledgeable about this prior art and systems practicing it are likely to reside in or near Santa Clara, within the Northern District of California. 19. Attached as Exhibit O is a true and correct copy of a printout from LexMachina.com illustrating the number of patent cases filed in the U.S. District Court for the Northern District of California from 2011 through 2015. Exhibit O also indicates that the Northern District of California is one of the top five courts nationwide for filings of patent infringement suits. 20. Attached as Exhibit P hereto are the Local Rules of Practice for Patent Cases before the United States District Court for the Northern District of California. 21. Attached as Exhibit Q hereto is a true and correct copy of a printout showing flight mileage calculations for trips from Tel Aviv to New York and from Tel Aviv to San Francisco. -4-