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

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

DECLARATION of John J. Higson in Opposition 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 IXI IP,LLC, IXI Mobile (R&D) Ltd.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK IXI MOBILE (R&D), LTD., et al., Plaintiffs, No. 14-cv-4355 (RJS) -v- SAMSUNG ELECTRONICS CO., et al., Defendants. IXI MOBILE (R&D), LTD., et al., Plaintiffs, No. 14-cv-4428 (RJS) -v- BLACKBERRY, LTD., et al., Defendants. IXI MOBILE (R&D), LTD., et al., Plaintiffs, No. 14-cv-7954 (RJS) -v- APPLE INC., Defendant. SUPPLEMENTAL DECLARATION OF JOHN J. HIGSON I, John J. Higson, declare as follows: 118088134_2 1. I am a Partner of the law firm Dilworth Paxson LLP ("Dilworth"), counsel for Plaintiffs IXI Mobile (R&D), Ltd. ("IXI Mobile") and IXI IP, LLC ("IXI IP") (collectively "IXI") in the above actions. 2. On February 18, 2015, after IXI filed its response brief, Apple made an informal request for the license agreement entered into between IXI IP and IXI Mobile. At that time, IXI's responses to Apple's discovery were not due. Moreover, the parties had not finalized a protective order. Still, as a courtesy, IXI provided the license agreement within 24 hours of Apple's informal request. 3. Attached as Exhibit 1 is a true and correct copy of the Supplemental Declaration of Zion Hadad ("Supp. Hadad Dec."). 4. Attached as Exhibit 2 is a true and correct copy of the Declaration of Israel Koffman ("Koffman Dec."). 5. Attached as Exhibit 3 is a true and correct copy of the Initial Disclosures from Apple and Samsung, as well as Supplemental Initial Disclosures from BlackBerry. 6. On May 16, 2014, IXI IP entered into a Patent Purchase Agreement with IXI Mobile. IXI IP then exclusively licensed the Patents-in-Suit to IXI Mobile (the "License Agreement"). 7. Attached as Exhibit 4 is a true and correct copy of the Patent Purchase Agreement, which has been submitted with the Court for in camera review. A redacted version of the Patent Purchase Agreement has been filed under seal. 8. Attached as Exhibit 5 is a true and correct copy of the License Agreement, which has been filed under seal. The License Agreement is subject to the underlying Patent Purchase Agreement. 2 118088134_2 9. Paragraph 1 of the License Agreement grants IXI Mobile an exclusive license to make, use, sell and import products within the scope of any claim of the asserted patents until the patents expire. 10. Paragraphs 5.8 and 5.12 of the Patent Purchase Agreement provide for IXI Mobile reversionary interests in the patents. 11. Paragraphs 5.9 and 5.10 of the Patent Purchase Agreement provide for IXI Mobile rights to quarterly updates and meetings regarding the monetization activity by IXI IP. 12. Paragraphs 5.1 and 5.4 of the Patent Purchase Agreement provide for IXI Mobile rights to have IXI IP monetize the patents. 13. Paragraph 5.3 of the Patent Purchase Agreement provides for IXI Mobile rights to share in the proceeds. 14. Attached as Exhibit 6 is a true and correct copy of the transcript from the pre-motion hearing held on January 20, 2015. I declare under penalty of perjury that the foregoing is true and correct to the best of my information, knowledge and belief. /s/ John J. Higson John J. Higson Dated: March 2, 2015 3 118088134_2