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

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

DECLARATION of John William Van Dyke 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, v. APPLE INC., Defendant. DECLARATION OF JOHN WILLIAM VAN DYKE IN SUPPORT OF APPLE'S MOTION TO TRANSFER I, John William Van Dyke, hereby submit this declaration pursuant to 28 U.S.C. § 1746 and declare as follows: 1. Unless stated otherwise, I have personal knowledge of the facts set forth below, and if called as a witness, could and would competently testify thereto. 2. I am employed as a Senior Director of Finance at Apple Inc. ("Apple"). I have been employed by Apple since June 2010. I provide this declaration in support of Apple's motion to transfer this case to the Northern District of California. Unless otherwise indicated below, the statements in this declaration are based upon my personal knowledge or corporate records maintained by Apple in the ordinary course of business. 3. Apple is a California corporation and was founded in 1976. Apple is a global business headquartered in Cupertino, California, which is in the Northern District of California. Apple's management, research and development, and marketing are primarily located in or near Cupertino, including surrounding cities such as Sunnyvale, all located in the Northern District of -1- California. Apple's business is led from Cupertino, where the bulk of the decision-making takes place. As of December 27, 2014, Apple has approximately 22,200 employees who work in or near its headquarters in Cupertino, California. Apple has been increasing its operations and employees in and near Cupertino and is in the process of building a new campus, also in Cupertino, because of its recent and anticipated additional growth. 4. I understand that in their October 2, 2014 Complaint, Plaintiffs IXI Mobile (R&D) Ltd. and IXI IP, LLC (collectively, the "Plaintiffs') allege that Apple infringes their patents. I also understand that Plaintiffs generally target two Apple functionalities as allegedly infringing in this case: (1) Apple's "Personal Hotspot" feature and (2) remote control functionality (collectively, the "Accused Functionalities"). I also understand that Plaintiffs allege that the Apple Watch, which is still in development and has not yet been released, may include one of these functions. 5. To the best of my knowledge after a reasonable investigation, the Accused Functionalities have been developed and continue to be developed by engineers at Apple's Cupertino campus. To the best of my knowledge, the employees with primary knowledge of the design, development, and marketing of the Accused Functionalities reside and work in or near Cupertino, California.1 I provide more detail on these employees below. 6. Apple's electronic and paper records of the work pertaining to the Accused Functionalities, along with Apple's business records related to product revenue, are located in or near Cupertino. These records include documents relating to sales, licensing, marketing, customer support, and engineering, including source code, for the Accused Functionalities. 1 I understand that it is currently unclear to Apple what features of the Apple Watch Plaintiffs purport to accuse of infringement. However, to the best of my knowledge and after a reasonable investigation, I understand that all design, development, and marketing efforts for the Apple Watch are occurring at Apple's Cupertino campus. -2- 7. As of this declaration, Apple operates over 260 retail stores in the United States. Apple has nine retail stores in the Southern District of New York. I am not aware of any employee in any of these retail stores that would be knowledgeable concerning the design, development, operation, or marketing of the Accused Functionalities. 8. Aside from its retail stores, Apple maintains two facilities in the Southern District of New York. The first location, the "Regus" facility, is located at 275 Seventh Avenue, Suite #746, New York, New York. The second location, the "Fifth Avenue" facility, is located at 100- 104 Fifth Avenue, New York, New York. 9. No personnel at either the Regus facility or the Fifth Avenue facility has developed or is developing any of the Accused Functionalities. I am not aware of any employees at either the Regus facility or the Fifth Avenue facility that would be knowledgeable concerning the design, development, or marketing of the Accused Functionalities. 10. To the best of my knowledge after a reasonable investigation, I am not aware of any employee in the non-retail facilities located in the Southern District of New York that would be knowledgeable concerning the design, development, or marketing of the Accused Functionalities. 11. To the best of my knowledge after a reasonable investigation, Apple does not maintain in the Southern District of New York business documents and records relating to the design, development, and operation of the Accused Functionalities. 12. Among the Apple employees with potentially relevant knowledge that Apple currently expects to call as witnesses in this Action are the following: • Delziel Fernandes, Sergey Sitnikov, and Andreas Wolf are engineers responsible for the "Personal Hotspot" feature. These Apple employees work at Apple's campus in Cupertino, California, in Santa Clara County. Messrs. Fernandes and -3- Sitnikov reside in San Jose, California, within Santa Clara County. Mr. Wolf resides in San Carlos, California, within San Mateo County. • Timm Hannon, Sean Kelly, and Michael Chu are engineers responsible for the remote control functionality, as described by Plaintiffs. They work at Apple's campus in Cupertino, California, in Santa Clara County. Messrs. Hannon and Chu reside in Mountain View and Cupertino, California, respectively, both within Santa Clara County. Mr. Kelly resides in San Francisco, California, within San Francisco County. • Steve Gedikian is responsible for the marketing of the Accused Functionalities. He works at Apple's campus in Cupertino, California, in Santa Clara County. Mr. Gedikian resides in Redwood City, within San Mateo County. I declare under penalty of perjury that the foregoing is true and correct. Executed on the 2nd day of February, 2015 at Sunnyvale, California. _____________________________ John William Van Dyke -4-