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

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

DECLARATION of Zion Hadad 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. DECLARATION OF ZION HADAD I, Zion Hadad, declare as follows: 1. I am the Director of IXI Mobile (R&D), Ltd. ("IXI Mobile") – one of the plaintiffs in the above action. IXI Mobile was incorporated under the law of Israel and has a principal place of business located at 11 Moshe Levi Street Rishon Lezion 75658, Israel. 2. IXI Mobile has, over the years, filed patent applications describing its technological developments in the field of mobile communications. Included among the patents issued to IXI Mobile by the U.S. Patent and Trademark Office are the "Patents-in-Suit" in the above matters (as described in the respective complaints). 3. IXI Mobile performed significant parts of the conception, design and development of the Patents-in-Suit in Israel. 4. IXI Mobile and IXI IP, LLC ("IXI IP") have entered into an agreement whereby IXI IP obtained ownership of the Patents-in-Suit. IXI IP then exclusively licensed the Patents- in-Suit to IXI Mobile. 5. IXI Mobile and IXI IP are trusted business partners and work cooperatively in the prosecution of the above actions. IXI Mobile does not have the resources to bring claims for patent infringement against companies like Apple, Samsung and Blackberry. IXI Mobile relies on the resources of IXI IP and its partners, which are based in New York City. 6. I, and other representatives of IXI Mobile, regularly travel to New York City to meet with IXI IP regarding the above matters, as well as to conduct other business activities. Given the availability of direct flights from Tel Aviv to New York, I consider New York to be the gateway for IXI Mobile business in the United States. On the other hand, I am not aware of any direct flights from Tel Aviv to San Francisco. In addition, the cost of traveling to San Francisco is significantly more expensive than traveling to New York 118067172_1 2 City and, in the absence of direct flights, can add a significant amount of time to the travel process. It is significantly more convenient to travel from Tel Aviv, Israel to New York City than from Tel Aviv, Israel to Northern California. Moreover, traveling across the United States involves additional time zone changes and significant additional schedule planning given the extra travel involved. With the additional time zone changes, there will be little, if any overlap, with Israel working hours which would impact our ability to work with our home office while in California. 7. We have chosen to commence the above actions in this forum for reasons of cost and convenience and not for any tactical reason. 8. IXI Mobile retains documents related to the litigation at its offices in Israel. IXI Mobile is not aware of any of its own documents located in California or which have been recently shipped from California to New York. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my information, knowledge and belief. /s/ Zion Hadad Zion Hadad Dated: February 11, 2015 118067172_1 3